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