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File Number: 16-273 <br />Section 1. The City Council reviewed the Report and determined the assessments after <br />considering 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, 2016 and ending June 30, <br />2017, 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 />are briefly described as follows: the operating, maintaining, servicing, and replacing of public <br />improvements including: the Storm Water Lift Station and Detention Pond; the Storm Water <br />Treatment Pond; the "buffer" area and trail; the tidal marshlands; the sound walls on both <br />sides of Lewelling Boulevard; Lewelling Boulevard improvements including curb, gutter, <br />sidewalk, and landscaping; the Shoreline Trail and trail extension; the water circulation and <br />drainage improvements, shoreline levees, outfalls, tide gates, pumps, maintenance roads, <br />bank protection, drainage facilities, and animal control in marshland and trail area; wetland <br />habitats; any other public improvements, including, but not limited to, streets, sidewalks, <br />public rights-of-way, sewers, waterlines, sound walls, traffic signals, signage, streetlights, <br />drains, storm water facilities, parks, landscaping, and lift station; the Buffer Zone and <br />Interpretive Centers; and all appurtenances. Maintenance means the furnishing of services <br />and materials for the ordinary and usual maintenance of the facilities and improvements, <br />including repair, removal or replacement of all or part of any of the improvements or <br />appurtenant facilities, and providing for the satisfactory working condition of the <br />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 />City of San Leandro Page 2 Printed on 6114/2016 <br />