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is apportioned by a formula and method that fairly distributes the net amount among all eligible
<br />parcels in proportion to the estimated special benefit to be received by each parcel from the
<br />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 are briefly described as follows: the operating, maintaining, servicing, and replacing of
<br />public improvements including: the Storm Water Lift Station and Detention Pond; the Storm
<br />Water 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, bank
<br />protection, drainage facilities, and 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 />Section 7. The adoption of this resolution constitutes the District levy for the fiscal year
<br />commencing July 1, 2016 and ending June 30, 2017.
<br />Section 8. The City Clerk is hereby authorized and directed to file the levy, which is
<br />attached hereto and made a part hereof, with the County Auditor upon adoption of this
<br />resolution.
<br />Section 9. A certified copy of the levy shall be filed in the office of the City Clerk and
<br />open for public inspection.
<br />Section 10. The City Council hereby imposes the annual assessments on the assessable
<br />parcels within the District.
<br />RESOLUTION NO. 2016-085
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