Reso 23-091 Heron Bay Levy and Collection

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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO RESOLUTION NO. 2023-091 RESOLUTION OF THE CITY OF SAN LEANDRO CITY COUNCIL ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN THE HERON BAY MAINTENANCE ASSESSMENT DISTRICT; ASSESSMENT DISTRICT NO. 96-3 FOR FISCAL YEAR 2023-2024 (PROVIDES FUNDING FOR THE ON -GOING MAINTENANCE OF CERTAIN PUBLIC FACILITIES CONSTRUCTED AS PART OF THE HERON BAY DEVELOPMENT) WHEREAS, the City Council approved the Annual Engineer's Report as presented or amended, which describes the assessments against parcels of land within the Heron Bay Maintenance Assessment District (Assessment District No. 96-3) (hereafter referred to as the "District") for the fiscal year commencing July 1, 2023, and ending June 30, 2024; and WHEREAS, pursuant to the provisions of the San Leandro Municipal Code, Chapter 5, Title II (hereafter referred to as the "Code") the District shall pay the costs and expenses of operating, maintaining, and servicing the improvements located within the District; and WHEREAS, the Engineer selected by the City Council prepared and filed with the City Clerk, and the City Clerk presented to the City Council, a Report in connection with the proposed levy and collection upon eligible parcels of land within the District, and the City Council did, by previous resolution, approve such Report; and WHEREAS, the City Council desires to levy and collect assessments against parcels of land within the District for the fiscal year commencing July 1, 2023 and ending June 30, 2024 to pay the costs and expenses of operating, maintaining, and servicing the improvements within the District; and WHEREAS, the assessments are in compliance with all laws pertaining to the levy of maintenance district assessments, the assessments are levied without regard to property valuation, and the assessments are exempt from or in compliance with the provisions of Proposition 218. NOW, THEREFORE, the City Council of the City of San Leandro does RESOLVE as follows: Section 1. The City Council reviewed the Report and determined the assessments, and considered all oral and written statements, protests, and communications made or filed by interested persons. Section 2. Based upon its review (and amendments, as applicable) of the Report, a copy of which has been presented to the City Council and which has been filed with the City Clerk, the City Council hereby finds and determines that: i. The land within the District will receive special benefit by the operation, maintenance, and servicing of the improvements and appurtenant facilities within the boundaries of the District. ii. The District includes all of the lands receiving such special benefit. iii. The net amount to be assessed upon the lands within the District in accordance with the costs for the fiscal year commencing July 1, 2023, and ending June 30, 2024, is apportioned by a formula and