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i. The land within the District will receive special benefit by the operation, <br /> maintenance, and servicing of the improvements and appurtenant facilities within <br /> the boundaries of the District. <br /> ii. The District includes all of the lands receiving such special benefit. <br /> iii. The net amount to be assessed upon the lands within the District in accordance <br /> with the costs for the fiscal year commencing July 1, 2011, and ending June 30, <br /> 2012, is apportioned by a formula and method, which fairly distributes the net <br /> amount among all eligible parcels in proportion to the estimated special benefit to <br /> be received by each parcel from the improvements and services. <br /> Section 3. The Report and assessment as presented to the City Council and on file in the <br /> office of the City Clerk are hereby confirmed as filed. <br /> Section 4. The City Council hereby orders the proposed improvements to be made, <br /> which improvements are briefly described as follows: the operating, maintaining, servicing and <br /> replacing of public improvements including: the Storm Water Lift Station and Detention Pond; <br /> the Storm Water Treatment Pond; the "buffer" area and trail; the tidal marshlands; the sound <br /> walls on both sides of Lewelling Boulevard; Lewelling Boulevard improvements including curb, <br /> gutter, sidewalk, and landscaping; the Shoreline Trail and trail extension; the water circulation <br /> and drainage improvements; shoreline levees; outfalls; tide gates; pumps; maintenance roads; <br /> bank protection; drainage facilities; animal control in marshland and trail area; wetland habitats; <br /> any other public improvements, including, but not limited to, streets, sidewalks, public rights -of- <br /> way, sewers, waterlines, sound walls, traffic signals, signage, streetlights, drains, storm water <br /> facilities, parks, landscaping, and lift station; the Buffer Zone and Interpretive Centers; and all <br /> appurtenances. Maintenance means the furnishing of services and materials for the ordinary and <br /> usual maintenance of the facilities and improvements, including repair, removal or replacement <br /> of all or part of any of the improvements or appurtenant facilities and providing for the <br /> satisfactory working condition of the improvements. Services provided include any and all <br /> necessary service, operation, administration, and maintenance required to keep the improvements <br /> in a satisfactory condition. <br /> Section 5. The maintenance, operation, and servicing of the improvements and <br /> appurtenant facilities shall be performed pursuant to the Code, and the County Auditor of the <br /> County of Alameda shall enter on the County Assessment Roll opposite each parcel of land the <br /> amount of levy, and such levies shall be collected at the same time and in the same manner as the <br /> County taxes are collected. After collection by the County, the new amount of the levy shall be <br /> paid to the City Treasurer. <br /> Section 6. The City Treasurer shall deposit all money representing assessments collected <br /> by the County of Alameda for the District to the credit of a fund for the Heron Bay Maintenance <br /> Assessment District No. 96 -3, and such money shall be expended only for the maintenance, <br /> operation, and service of the improvements and facilities as described in Section 4. <br /> RESOLUTION NO. 2011 -123 2 <br />