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Res 18-006RESOLUTION NO. 18-006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, INITIATING PROCEEDINGS FOR THE FORMATION OF LANDSCAPE MAINTENANCE DISTRICT NO. 18-2; AND DIRECTING THE PREPARATION AND FILING OF AN ENGINEER’S REPORT RELATED THERETO, PURSUANT TO THE PROVISIONS OF PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE WHEREAS, the City Council of the City of Poway (“City”), pursuant to the provisions of the Landscaping and Lighting Act of 1972, Division 15, Part 2 of the California Streets and Highways Code (“1972 Act”), desires to initiate proceedings for the formation of an assessment district within the City to be known and designated as Landscape Maintenance District No. 18-2 (“District”), and to levy and collect annual assessments for the District commencing in fiscal year 2018/2019 to pay, in whole or in part, for the special benefit costs associated with the operation, maintenance, installation, and servicing of local landscaping improvements and appurtenant facilities related thereto; WHEREAS, pursuant to Chapter 2, Article 1 Section 22585 of the 1972 Act, proceedings for the formation of an assessment district shall be initiated by resolution and that resolution shall generally describe the proposed improvements, describe the proposed assessment district and specify a distinctive designation for the district and order the engineer to prepare and file a report in accordance with Chapter 1, Article 4 (commencing with Section 22565) of the 1972 Act; and WHEREAS, the City has retained Willdan Financial Services (“Willdan”) as the Assessment Engineer of Work for the purpose of assisting with the formation of the District, the establishment of annual assessments, and to prepare and file a report with the City Clerk concerning the formation of Landscape Maintenance District No. 18-2 and the proposed annual levy of assessments in accordance with the 1972 Act and the provisions of the California Constitution Article XIIID (the “Constitution”), and the Proposition 218 Omnibus implementation Act, being Government Code section 53750 et seq. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Poway as follows: Section 1: That the foregoing recitals are true and correct. Section 2: That the City proposes to form Landscape Maintenance District No. 18-2 incorporating all lots and parcels of land located in the north central region of the City, generally east of the City limits, west of Lake Poway and north of Twin Peaks Road for which the improvements provide special benefits; and to levy and collect annual assessments for the District commencing in fiscal year 2018/2019 to pay for the special benefit expenses associated with the operation, maintenance, installation, and servicing of the local landscaping improvements and appurtenant facilities as authorized by the 1972 Act. Section 3: The territory within the District as described above incorporates approximately one thousand two hundred fifty-six (1,256) parcels totaling approximately three thousand six hundred twenty-five (3,625) acres which are inclusive of the parcels identified on the San Diego County Assessor’s Parcel Maps (APN Maps) as Book 273 Page 82; Book 275