Res 05-026
RESOLUTION NO. 05-026
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 86-2 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 86-2 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 2004/2005
assessment rate of $186.16 per benefit unit for Zone A; and
WHEREAS, assessments will increase as approved by Zone B property owners in
1998 through a duly authorized balloting process under Assessment Law. The
assessment rate will increase from $272.04 to $281.56 per benefit unit for Zone B; 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.
The general benefit contributions for Zones A and B have been calculated to be $2,450.44
and $2,200.08, respectively; and
WHEREAS, under Article XIII D, Section 5(b) of the California Constitution, 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 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. 86-2 for Fiscal Year 2005/2006.
Resolution No. 05- 026
Page 2
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.
PASSED, ADOPTED, and APPROVED by the City Council of the City of Poway,
California, at a regular meeting this 26th day of April 2005.
ATTEST:
~b~
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. 05-026, 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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L. Diane Shea, City Clerk
City of Poway