Res 05-025
RESOLUTION NO. 05-025
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 86-1 FOR FISCAL YEAR 2005/2006
WHEREAS, the City Council of the City of Poway desires to levy and collect
assessments within Poway Landscape Maintenance District 86-1 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 hereto
attached; and
WHEREAS, assessments will remain at the Fiscal Year 2004/2005 assessment
rate of $243.04 per benefit unit for Zone A; 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 Zone A has been calculated to be $35,396.36;
WHEREAS, under Article XIII D, Section 5(b) of Proposition 218 (adopted by
general vote on November 5, 1996) the collection of Fiscal Year 2005/2006 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 and soundwalls within said territory.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the 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. 86-1 for Fiscal Year 2005/2006.
3. Pursuant to the Streets and Highways Code, a public hearing will be held on
June 21, 2005 by the City Council to consider the levy and collection of the
proposed assessments.
Resolution No. 05- 025
Page 2
PASSED, ADOPTED, and APPROVED by the City Council of the City of Poway,
California, at a regular meeting this 26th day of April 2005.
ayor
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L. DI ne Shea, City Clerk
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO)
I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify that the
foregoing Resolution No. 05-025, was duly adopted by the City Council at a meeting of
said City Council held on the 26th day of April 2005, and that it was so adopted by the
following vote:
AYES: BOYACK, EMERY, HIGGINSON, REXFORD
NOES: NONE
ABSENT: CAFAGNA
DISQUALIFIED: NONE
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City of Poway