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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO <br />RESOLUTION NO. 98- 78 (2811) <br />RESOLUTION ACCEPTING THE ENGINEER'S REPORT <br />FOR FISCAL YEAR 1998/99 FOR THE HERON BAY MAINTENANCE ASSESSMENT <br />DISTRICT, ASSESSMENT DISTRICT NO.96-3, <br />APPROVING THE ANNUAL ASSESSMENTS, AND <br />LEVYING THE ASSESSMENTS FOR FISCAL YEAR 1998/99 <br />Recitals <br />1. The City Council established the Heron Bay Maintenance Assessment District <br />(Assessment District No. 96-3) on June 17, 1996. <br />2. Berry & Associates has been retained to prepare the annual Engineer's Report as a <br />replacement to Nystrom Engineering, which prepared the annual Engineer's Report for the Fiscal <br />Year 1997/98. <br />3. Pursuant to Chapter 5, Title II of the San Leandro Municipal Code (the "Code"), the <br />Director of Engineering and Transportation ("Director") caused the annual Engineer's Report for <br />said District to be prepared by Berry & Associates as consulting engineers to the City, to determine <br />the recommended assessments to be levied against the properties within said District for the <br />purposes of said District. <br />NOW, THEREFORE, the City Council of the City of San Leandro does RESOLVE as <br />follows: <br />A. The City Council approves the Engineer's Report for FY 1997/98 and each component <br />part of it, including each exhibit incorporated by reference in the Report. Without limiting the <br />generality of the foregoing approvals, the City Council hereby finds that Berry & Associates, in <br />said Engineer's Report, has fairly and properly apportioned the cost of said Assessment District 96- <br />3 to each parcel of land in the assessment district in proportion to the estimated benefits to be <br />received by each parcel, respectively, by the District. <br />