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Res 04-029 RESOLUTION NO. 04- 029 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN POWAY LANDSCAPE MAINTENANCE DISTRICT 83-1 FOR FISCAL YEAR 2004/2005 WHEREAS, the City Council of the City of Poway desires to levy and collect assessments within Poway Landscape Maintenance District 83-1 for the purpose of maintaining, servicing, and operating public landscape facilities located within the territory comprised of said district as shown in Exhibit "A" of the Engineer's Report that is on file in the City Clerk's Office, pursuant to the Landscape and Lighting Act of 1972, and attached hereto; and WHEREAS, assessments will not increase from the Fiscal Year 2003/2004 assessment rate of $118.48 per benefit unit for Zone A, $235,75 per benefit unit for Zone B, and $496.16 per benefit unit for Zone C; and WHEREAS, under Article XIII D, Section 4 of the California Constitution, a City general benefit contribution has been calculated as the average general fund expenditure on a per square foot basis for the maintenance of landscaped medians and rights-of-way. This general benefit contribution for Zones A, B, and C have been calculated to be $37,177.27, $9,704.01, and $2,021.14, respectively, WHEREAS, under Article XIII D, Section 5(b) of Proposition 218 (adopted by general vote on November 5, 1996), the collection of Fiscal Year 2004/2005 assessments is exempt from the procedures and approval process set forth in Section 4 of Article XIII D, in that the assessment was imposed pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment was initially imposed; and WHEREAS, the public interest and convenience require the maintenance, service, and operation of public landscaping within said territory. NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City of Poway as follows: 1, The foregoing recitals are true and correct and the City Council so finds and determines. 2, Proposed assessments are as detailed in the Engineer's Report for Poway Landscape Maintenance District No. 83-1 for Fiscal Year 2004/2005, Resolution No. 04- 029 Page 2 3. Pursuant to the Streets and Highways Code, a public hearing will be held on June 29, 2004 by the City Council to consider the levying and collection of the proposed assessments. PASSED, ADOPTED, and APPROVED by the City Council of the City of Poway, California, at a regular meeting this 4th day of May 2004, ~ ATTEST: STATE OF CALIFORNIA) ) ss. COUNTY OF SAN DIEGO) I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify that the foregoing Resolution No, 04- 029 ,was duly adopted by the City Council at a meeting of said City Council held on the 4th day of May 2004, and that it was so adopted by the following vote: AYES: EMERY, GOLDBY, REXFORD, CAFAGNA NOES: NONE ABSTAIN: NONE ABSENT: HIGGINSON