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Res 06-027 RESOLUTION NO. 06-027 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN THE POWAY LIGHTING DISTRICT FOR FISCAL YEAR 2006/2007 WHEREAS, the City Council of the City of Poway, California, desires to levy and collect assessments within the Poway City Lighting District for the purpose of maintaining, servicing, operating, and administering public lighting facilities, including, but not limited to, street lights, traffic signals, and flashing beacons, in the City of Poway as shown in Exhibit A of the Poway Lighting District Engineer's Report that is on file in the City Clerk's Office, pursuant to the Streets and Highways Code; and WHEREAS, assessments will not increase from the Fiscal Year 2005/2006 assessment rate of $15.00 per unit for Zone A, $3.75 per unit for Zone B, and $13.58 per unit for Zone C; and WHEREAS, under Article XIIIC, Section 4 of the California Constitution, a City general benefit contribution has been calculated as the average General Fund expenditure for the maintenance of street lighting and traffic signals. This general benefit contribution has been calculated to be $102,000. WHEREAS, under Article XIII D, Section 5(a) of Proposition 218 (adopted by general vote on November 5, 1996), the collection of Fiscal Year 2006/2007 assessments is exempt from the procedures and approval process set forth in Section 4 of Article XIII D, in that the assessments have been determined to exclusively finance the capital costs or maintenance and operation expenses for streets; and WHEREAS, the public interest and convenience require the maintenance, service, and operation of street lighting, lighted street signs, traffic signals, and flashing beacons within said territory. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway at as follows: Section 1: The City Council so finds and determines the foregoing recitals are true and correct. Section 2: Proposed assessments are as detailed in the Poway City Lighting District Engineer's Report for Fiscal Year 2006/2007, on file in the City Clerk's Office. Section 3: Pursuant to the Streets and Highways Code, a public hearing will be held on June 4, 2006 by the City Council to consider the levy and collection of the proposed assessments. Resolution No. 06-027 Page 2 Section 4: The City Clerk shall cause this Resolution to be published in the Poway News Chieftain, a newspaper of general ciruculation in the City of Poway. PASSED, ADOPTED and APPROVED by the City Council of the City of Poway at a regular meeting this 4th day of April 2006. STATE OF CALIFORNIA ) )SS COUNTY OF SAN DIEGO) I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify under penalty of perjury that the foregoing Resolution No. 06-027 was duly adopted by the City Council at a meeting of said City Council held on the 4th day of April 2006, and that it was so adopted by the following vote: AYES: BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA NOES: NONE ABSENT: NONE DISQUALIFIED: NONE ~"'~,~c~ City of Poway EXHIBIT A Resolution No. 06-027 Page 3 t LIGHTING DISTRICT PLANNING AREA