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RESOLUTION NO. 2024-080 2
<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, 2024 and ending June 30, 2025, is apportioned by a formula and
<br />method that fairly distributes the net amount among all eligible parcels in proportion to the estimated
<br />special benefit to be received by each parcel from the improvements and services.
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<br />Section 3. The Report and assessment as presented to the City Council and on file in the office of
<br />the City Clerk are hereby confirmed as filed.
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<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
<br />public improvements including: the Storm Water Lift Station and Detention Pond; the Storm Water
<br />Treatment Pond; the "buffer" area and trail; the tidal marshlands; the sound walls on both sides of
<br />Lewelling Boulevard; Lewelling Boulevard improvements including curb, gutter, sidewalk, and
<br />landscaping; the Shoreline Trail and trail extension; the water circulation and drainage improvements,
<br />shoreline levees, outfalls, tide gates, pumps, maintenance roads, bank protection, drainage facilities,
<br />and animal control in marshland and trail area; wetland habitats; any other public improvements,
<br />including, but not limited to, streets, sidewalks, public rights-of-way, sewers, waterlines, sound walls,
<br />traffic signals, signage, streetlights, drains, storm water facilities, parks, landscaping, and lift station; the
<br />Buffer Zone and Interpretive Centers; and all appurtenances.
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<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 or part
<br />of any of the improvements or appurtenant facilities, and providing for the satisfactory working condition
<br />of the improvements. Services provided include any and all necessary service, operation,
<br />administration, and maintenance required to keep the improvements in a satisfactory condition.
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<br />Section 5. The maintenance, operation, and servicing of the improvements and appurtenant
<br />facilities shall be performed pursuant to the Code, and the County Auditor of the County of Alameda
<br />shall enter on the County Assessment Roll opposite each parcel of land the amount of levy, and such
<br />levies shall be collected at the same time and in the same manner as the County taxes are collected.
<br />After collection by the County, the new amount of the levy shall be paid to the City Finance Director.
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<br />Section 6. The City Finance Director shall deposit all money representing assessments collected
<br />by the County of Alameda for the District to the credit of a fund for the Heron Bay Maintenance
<br />Assessment District No. 96-3, and such money shall be expended only for the maintenance, operation,
<br />and service of the improvements and facilities as described in Section 4.
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<br />Section 7. The adoption of this resolution constitutes the District levy for the fiscal year
<br />commencing July 1, 2024 and ending June 30, 2025.
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<br />Section 8. The City Clerk is hereby authorized and directed to file the levy, which is attached
<br />hereto and made a part hereof, with the County Auditor upon adoption of this resolution.
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<br />Section 9. A certified copy of the levy shall be filed in the office of the City Clerk and open for
<br />public inspection.
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