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method that fairly distributes the net amount among all eligible parcels in proportion to the estimated special
<br />benefit to be received by each parcel from the improvements and services.
<br />Section 3. The Report and assessment as presented to the City Council and on file in the office of the
<br />City Clerk are hereby confirmed as filed.
<br />Section 4. The City Council hereby orders the proposed improvements to be made, which
<br />improvements are briefly described as follows: the operating, maintaining, servicing, and replacing of public
<br />improvements including: the Storm Water Lift Station and Detention Pond; the Storm Water Treatment Pond;
<br />the "buffer" area and trail; the tidal marshlands; the sound walls on both sides of Lewelling Boulevard;
<br />Lewelling Boulevard improvements including curb, gutter, sidewalk, and landscaping; the Shoreline Trail and
<br />trail extension; the water circulation and drainage improvements, shoreline levees, outfalls, tide gates, pumps,
<br />maintenance roads, bank protection, drainage facilities, and animal control in marshland and trail area;
<br />wetland 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 water facilities,
<br />parks, landscaping, and lift station; the Buffer Zone and Interpretive Centers; and all appurtenances.
<br />Maintenance means the furnishing of services and materials for the ordinary and usual maintenance of
<br />the facilities and improvements, including repair, removal, or replacement of all or part of any of the
<br />improvements or appurtenant facilities, and providing for the satisfactory working condition of the
<br />improvements. Services provided include any and all necessary service, operation, administration, and
<br />maintenance required to keep the improvements in a satisfactory condition.
<br />Section 5. The maintenance, operation, and servicing of the improvements and appurtenant facilities
<br />shall be performed pursuant to the Code, and the County Auditor of the County of Alameda shall enter on the
<br />County Assessment Roll opposite each parcel of land the amount of levy, and such levies shall be collected at
<br />the same time and in the same manner as the County taxes are collected. After collection by the County, the
<br />new amount of the levy shall be paid to the City Finance Director.
<br />Section 6. The City Finance Director shall deposit all money representing assessments collected by the
<br />County of Alameda for the District to the credit of a fund for the Heron Bay Maintenance Assessment District
<br />No. 96-3, and such money shall be expended only for the maintenance, operation, and service of the
<br />improvements and facilities as described in Section 4.
<br />Section 7. The adoption of this resolution constitutes the district levy for the fiscal year commencing
<br />July 1, 2022, and ending June 30, 2023.
<br />Section 8. The City Clerk is hereby authorized and directed to file the levy, which is attached hereto and
<br />made a part hereof, with the County Auditor upon adoption of this resolution.
<br />Section 9. A certified copy of the levy shall be filed in the office of the City Clerk and open for public
<br />inspection.
<br />Section 10. The City Council hereby imposes the annual assessments on the assessable parcels within
<br />the district.
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