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Res 05-052 RESOLUTION NO. 05-052 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA ESTABLISHING ASSESSMENTS FOR LANDSCAPE MAINTENANCE DISTRICT 87-1 TO BE COLLECTED ON THE PROPERTY TAX ROLL FOR FISCAL YEAR 2005/2006 WHEREAS, the City Council of the City of Poway desires to have Landscape Maintenance District assessments collected on the property tax roll; and WHEREAS, pursuant to the provisions of City of Poway Resolution No. 00-034 (Policies for Landscape Maintenance Districts) and Assessment Law being the "Landscape and Lighting Act of 1972" (being Part 2 of Division 15 of the California Streets and Highways Code), applicable provisions of "Proposition 218" (being Article XIIIC of the California Constitution), and provisions of the "Proposition 218 Omnibus Implementation Act" (being California Senate Bill 919), and in accordance with the Resolution of Intention, being City of Poway Resolution No. 05-028 adopted by the City Council of the City of Poway, County of San Diego, State of California, in connection with the proceedings for Landscape Maintenance District 87-1, the Assessment Engineer to the City of Poway has submitted an Engineer's Report for the District as required by California Streets and Highways Code, Section 22565; and WHEREAS, on April 26, 2005, at a regular meeting of the Poway City Council, the amounts to be collected have been set forth in a public Engineer's Report; and WHEREAS, the public has been allowed to comment on these amounts and this action has been duly advertised as required by law; and WHEREAS, this action is authorized by the laws of the State of California. NOW, THEREFORE, the City Council of the City of Poway hereby finds, resolves, determines, and orders as follows: Section 1: The Assessment Rates for the developments are as follows: Pomerado Business Park I and II Poway Corporate Center Parkway Business Centre III Trident Center Discovery Isle Legacy Partners Toppan Poway Views LLC Costco/Home Depot Parkway Business Centre I and II Tech Business Center Watkins Terminals $842.68 per net acre $842.68 per net acre $842.68 per net acre $842.68 per net acre $842.68 per net acre $842.68 per net acre $842.68 per net acre $842.68 per net acre $842.68 per net acre $790.00 per net acre $790.00 per net acre $790.00 per net acre Resolution No. 05-052 Page 2 Rolling Hills Estates I and II Valencia Creek Kimball A viano/Bothwell Dynasty Development $210.68 per benefit unit $210.68 per benefit unit $210.68 per benefit unit $210.68 per benefit unit $210.68 per benefit unit Section 2: The sum of assessments to be collected on the Fiscal Year 2005/2006 San Diego County Tax Roll to provide for the maintenance of landscape improvements within Landscape Maintenance District 87-1 are as follows: Commercial: Residential: $598,050.24 $ 40,871.92 Section 3: Under Assessment Law, the City of Poway's General Benefit Contribution has been calculated as $81,229.76. PASSED, ADOPTED, and APPROVED by the City Council of the City of Poway, California, at a regular meeting thereof this 21 st day of June 2005. ATTEST: ~}Llj~ t0u~ofJ Sherrie D. Worrell, Deputy City Clerk STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO) I, Sherrie D. Worrell, Deputy City Clerk of the City of Poway, do hereby certify that the foregoing Resolution No. 05-052, was duly adopted by the City Council at a meeting of said City Council held on the 21 st day of June 2005, and that it was so adopted by the following vote: NOES: BOYACK, EMERY, REXFORD, HIGGINSON, CAFANGA NONE AYES: ABSENT: NONE DISQUALIFIED: NONE ~ iJUJdWif) Sherrie D. Worrell, Deputy City Clerk City of Poway