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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, 2020 and ending June 30, 2021, <br />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 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, and animal control in marshland and trail area; wetland <br />habitats; any other public improvements, including, but not limited to, streets, sidewalks, public <br />rights-of-way, sewers, waterlines, sound walls, traffic signals, signage, streetlights, drains, storm <br />water facilities, parks, landscaping, and lift station; the Buffer Zone and Interpretive Centers; and <br />all appurtenances. <br />Maintenance means the furnishing of services and materials for the ordinary and usual <br />maintenance of the facilities and improvements, including repair, removal, or replacement of all <br />or part of any of the improvements or appurtenant facilities, and providing for the satisfactory <br />working condition of the improvements. Services provided include any and all necessary <br />service, operation, administration, and maintenance required to keep the improvements in a <br />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 Finance Director. <br />Section 6. The City Finance Director shall deposit all money representing assessments <br />collected by the County of Alameda for the District to the credit of a fund for the Heron Bay <br />Maintenance Assessment District No. 96-3, and such money shall be expended only for the <br />maintenance, 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, 2020 and ending June 30, 2021. <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 />RESOLUTION NO. 2020-065 2 <br />