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Res 07-044 RESOLUTION NO. 07-044 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA ESTABLISHING ASSESSMENTS FOR LANDSCAPE MAINTENANCE DISTRICT 86-1 TO BE COLLECTED ON THE PROPERTY TAX ROLL FOR FISCAL YEAR 2007/2008 WHEREAS, the City Council of the City of Poway desires to have Landscape Maintenance District assessments collected on the San Diego County property tax roll; and WHEREAS, on June 19, 2007, the City Council held a duly advertised public hearing to solicit comments from the public, both pro and con, relative to this application; 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. 07-029 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 86-1 , 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 24, 2007, 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, BE IT RESOLVED by the City Council of the City of Poway as follows: Section 1: The Assessment Rates for two (2) zones are as follows: Zone A: Zone B: $243.04 per benefit unit $ 0.00 per benefit unit Section 2: The sum of assessments to be collected on the Fiscal Year 2007/2008 Resolution No. 07-044 Page 2 San Diego County Property Tax Roll to provide for the maintenance of landscape improvements within Zones A and 8 of Landscape Maintenance District 86-1 are as follows: Zone A: Zone B: $240,366.54 Zero Section 3: Under Assessment Law, the City of Poway's General Benefit Contribution has been calculated as follows: Zone A: Zone B: $37,580.86 N/A 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, California, at a regular meeting thereof this 19th day of June 2007. ATTEST: ~~~ Resolution No. 07-044 Page 3 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. 07-044, was duly adopted by the City Council at a meeting of said City Council held on the 19th day of June 2007, and that it was so adopted by the following vote: AYES: BOYACK, EMERY, HIGGINSON, CAFAGNA NOES: REXFORD ABSENT: NONE DISQUALIFIED: NONE ~"'~~~ City of Poway