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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO RESOLUTION NO. 2011 -123 RESOLUTION ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN THE HERON BAY MAINTENANCE ASSESSMENT DISTRICT, (ASSESSMENT DISTRICT NO. 96 -3), FISCAL YEAR 2011 -12 Recitals The City Council of the City of San Leandro does RESOLVE as follows: WHEREAS, the City Council has by previous resolution approved the Annual Engineer's Report ( "Report") as presented or amended, which described the assessments against parcels of land within the Heron Bay Maintenance Assessment District (Assessment District No. 96 -3) ( "District ") for the fiscal year commencing July 1, 2011, and ending June 30, 2012; pursuant to the provisions of the San Leandro Municipal Code, Chapter 5, Title II ("Code ") to pay the costs and expenses of operating, maintaining, and servicing the improvements located within the District; and WHEREAS, the Engineer selected by the City Council has prepared and filed with the City Clerk, and the City Clerk has presented to the City Council, the Report in connection with the proposed levy and collection upon eligible parcels of land within the District, and the City Council did, by previous resolution, approve such Report; and WHEREAS, the City Council desires to levy and collect assessments against parcels of land within the District for the fiscal year commencing July 1, 2011, and ending June 30, 2012, to pay the costs and expenses of operating, maintaining, and servicing the improvements within the District; and WHEREAS, the assessments are in compliance with all laws pertaining to the levy of maintenance district assessments, and the assessments are levied without regard to property valuation, and the assessments are exempt from or in compliance with the provisions of Proposition 218, NOW, THEREFORE, the City Council of the City of San Leandro does RESOLVE as follows: Section 1. The City Council has reviewed the Report and determined the assessments, considered all oral and written statements, protests, and communications made or filed by interested persons. Section 2. Based upon its review (and amendments, as applicable) of the Report, a copy of which has been presented to the City Council and which has been filed with the City Clerk, the City Council hereby finds and determines that: