Res 07-028
RESOLUTION NO. 07-028
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 2007/2008
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 2006/2007
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
$39,764.19, $10,292.99, and $2,143.85, respectively; and
WHEREAS, under Article XIII D, Section 5(b) of Proposition 218 (adopted by
general vote on November 5, 1996), the collection of Fiscal Year 2007/2008 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:
Section 1: The foregoing recitals are true and correct and the City Council so finds
and determines.
Section 2: Proposed assessments are as detailed in the Engineer's Report for
Poway Landscape Maintenance District No. 83-1 for Fiscal Year 2007/2008.
Resolution No. 07-028
Page 2
Section 3: Pursuant to the Streets and Highways Code, a public hearing will be held
on June 19, 2007 by the City Council to consider the levying and collection of the proposed
assessments.
Section 4: The City Clerk shall cause this Resolution to be published in the Poway
News Chieftain, a newspaper of general circulation in the City of Poway.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway
at a regular meeting this 24th day of April 2007.
Michael.
ATTEST:
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L. D 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 under penalty
of perjury that the foregoing Resolution No. 07-028 was duly adopted by the City
Council at a meeting of said City Council held on the 24th day of April 2007, and that it
was so adopted by the following vote:
AYES: BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
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Resolution No. 07-028
Page 3
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