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Resolution 16065CITY OF ALAMEDA RESOLUTION NO. 16065 ORDERING LEVY OF ASSESSMENTS, MAINTENANCE ASSESSMENT DISTRICT 01-01 (MARINA COVE) WHEREAS, the City's Maintenance Assessment District 01-01 (Marina Cove) (the "District") is organized and exists pursuant to the Landscaping and Lighting Act of 1972, (Streets and Highways Code §§ 22500) (the "Act"); and WHEREAS, the purpose of the District is to fund costs associated with certain landscaping and lighting improvements; and WHEREAS on February 21, 2023, by its Resolution No. 16029, this Council appointed the City Engineer to serve as Engineer -of -Work of the District for Fiscal Year 2023-24; and WHEREAS, on May 2, 2023, by its Resolution No. 16042 (the "Resolution of Intention"), this Council preliminarily approved a report of the Engineer -of -Work entitled "Fiscal Year 2023-24 Engineer's Report For: Maintenance Assessment District No. 01-01" (the "Report"), which is on file in the Office of the City Clerk, available for public inspection, and incorporated herein by reference; and WHEREAS, the Resolution of Intention declared the intention of the City Council to levy assessments for Fiscal Year2023-24 against real property in the District as described in the Report; and WHEREAS, the Resolution of Intention set June 20, 2023, at 7:00 P.M., in the third floor City Council Chambers of the Alameda City Hall located at 2263 Santa Clara Avenue, Alameda, California, as the time and place for a public hearing on the levy of the proposed assessments (the "Hearing"); and WHEREAS, notice of the Hearing was given as required by law; and WHEREAS, at the appointed time and place the City Council held the Hearing and all interested persons were afforded the opportunity to hear and be heard; and WHEREAS, the City Council has considered all oral and written statements and protests made or filed in connection with the hearing by any interested person; and WHEREAS, the City Council now desires to levy the assessments for Fiscal Year 2023-24 in connection with the District. NOW, THEREFORE, IT IS RESOLVED, that: 1. The forgoing recitals are true and correct. 2. The assessment as set forth in the Report is hereby confirmed. This action constitutes the levy of the Proposed Assessments for FY 2023-24 in connection with the District. Staff is directed to file the diagram and assessment with the Alameda County Auditor and to cause the assessments to be collected at the same time and in the same manner as county taxes are collected. 3. If any provision of this Resolution or the application of any such provision is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable and that the City Council declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion of this Resolution. 4. This Resolution shall be effective immediately upon adoption. 5. The City Clerk shall certify to the adoption of this Resolution, and shall maintain on file as a public record this Resolution. I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the 20th day of June 2023, by the following vote to wit: AYES: Councilmembers Daysog, Herrera Spencer, Jensen, Vella and Mayor Ezzy Ashcraft — 5. NOES: None. ABSENT: None. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 21st day of June 2023. Lara Weisiger, City Clerl City of Alameda APPROVED AS TO F : Yibin then, -'Attorney City ofpameda