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File Number: 14-255 <br />Section 1. The City Council has reviewed the Report and determined the assessments, <br />considered all oral and written statements, protests, and communications made or filed by <br />interested persons. <br />Section 2. Based upon its review (and amendments, as applicable) of the Report, a copy <br />of which has been presented to the City Council and which has been filed with the City Clerk, <br />the City Council hereby finds and determines that: <br />i. The land within the District will receive special benefit by the operation, <br />maintenance, and servicing of the improvements and appurtenant facilities within the <br />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 <br />accordance with the costs for the fiscal year commencing July 1, 2014 and ending June 30, <br />2015, is apportioned by a formula and method that fairly distributes the net amount among all <br />eligible parcels in proportion to the estimated special benefit to be received by each parcel <br />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, which <br />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 <br />roads, bank protection, drainage facilities, and animal control in marshland and trail area; <br />wetland habitats; any other public improvements, including, but not limited to, streets, <br />sidewalks, public rights-of-way, sewers, waterlines, sound walls, traffic signals, signage, <br />streetlights, drains, storm water facilities, parks, landscaping, and lift station; the Buffer Zone <br />and Interpretive Centers; and all appurtenances. Maintenance means the furnishing of <br />services and materials for the ordinary and usual maintenance of the facilities and <br />improvements, including repair, removal or replacement of all or part of any of the <br />improvements or appurtenant facilities, and providing for the satisfactory working condition of <br />the improvements. Services provided include any and all necessary service, operation, <br />administration, and maintenance required to keep the improvements in a satisfactory <br />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 <br />the amount of levy, and such levies shall be collected at the same time and in the same <br />manner as the County taxes are collected. After collection by the County, the new amount of <br />the levy shall be paid to the City Treasurer. <br />Page 2 City of San Leandro Printed on 7/2/2014