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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO <br />RESOLUTION NO. 2019-119 <br />RESOLUTION OF THE CITY OF SAN LEANDRO CITY COUNCIL ORDERING THE LEVY <br />AND COLLECTION OF ASSESSMENTS WITHIN THE HERON BAY MAINTENANCE <br />ASSESSMENT DISTRICT; ASSESSMENT DISTRICT NO. 96-3 FOR FISCAL YEAR 2019-20 <br />(PROVIDES FUNDING FOR THE ON-GOING MAINTENANCE OF CERTAIN PUBLIC <br />FACILITIES CONSTRUCTED AS PART OF THE HERON BAY DEVELOPMENT) <br />WHEREAS, the City Council approved the Annual Engineer's Report as presented or <br />amended, which describes the assessments against parcels of land within the Heron Bay Maintenance <br />Assessment District (Assessment District No. 96-3) (hereafter referred to as the "District") for the <br />fiscal year commencing July 1, 2019 and ending June 30, 2020; and <br />WHEREAS, pursuant to the provisions of the San Leandro Municipal Code, Chapter 5, Title II <br />(hereafter referred to as the "Code") the District shall pay the costs and expenses of operating, <br />maintaining, and servicing the improvements located within the District; and <br />WHEREAS, the Engineer selected by the City Council prepared and filed with the City Clerk, <br />and the City Clerk presented to the City Council, a Report in connection with the proposed levy and <br />collection upon eligible parcels of land within the District, and the City Council did, by previous <br />resolution, approve such Report; and <br />WHEREAS, the City Council desires to levy and collect assessments against parcels of land <br />within the District for the fiscal year commencing July 1, 2019 and ending June 30, 2020, to pay the <br />costs and expenses of operating, maintaining, and servicing the improvements within the District; and <br />WHEREAS, the assessments are in compliance with all laws pertaining to the levy of <br />maintenance district assessments, and the assessments are levied without regard to property valuation, <br />and the assessments are exempt from or in compliance with the provisions of Proposition 218. <br />NOW, THEREFORE, the City Council of the City of San Leandro does RESOLVE as <br />follows: <br />Section 1. The City Council reviewed the Report and determined the assessments, considered <br />all oral and written statements, protests, and communications made or filed by interested persons. <br />Section 2. Based upon its review (and amendments, as applicable) of the Report, a copy of <br />which has been presented to the City Council and which has been filed with the City Clerk, the City <br />Council hereby finds and determines that: <br />i. The land within the District will receive special benefit by the operation, maintenance, and <br />servicing of the improvements and appurtenant facilities within the boundaries of the District. <br />ii. The District includes all of the lands receiving such special benefit. <br />