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Res 10-026RESOLUTION NO. 10 -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 -3 FOR FISCAL YEAR 2010/2011 WHEREAS, the City Council of the City of Poway desires to levy and collect assessments within Poway Landscape Maintenance District 86 -3 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, annual assessments will not increase from the Fiscal Year 2009/2010 assessment rate of $163.00 per benefit unit for Zone A, and $75.31 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 right -of -ways. This general benefit contribution for Zones A and B have been calculated to be $1,107.81 and $5,538.07, respectively; WHEREAS, under Article XIII D, Section 5(b) of Proposition 218 (adopted by general vote on November 5, 1996), the collection of Fiscal Year 2010/2011 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: 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. 86 -3 for Fiscal Year 2010/2011. Resolution No. 10 -026 Page 2 Section 3: Pursuant to the Streets and Highways Code, a public hearing will be held on July 20, 2010 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 18` day of May 2010. 1 "�16 „ � Don Higginson, Maycrr ATTEST: Linda A. Troyan, City Clerk Resolution No. 10 -026 Page 3 STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN DIEGO) I, Linda A. Troyan, City Clerk of the City of Poway, do hereby certify under penalty of perjury that the foregoing Resolution No. 10 -026, was duly adopted by the City Council at a meeting of said City Council held on the 18 day of May, 2010, and that it was so adopted by the following vote: AYES: Boyack, Cunningham, Rexford, Kruse, Higginson NOES: None ABSENT: None DISQUALIFIED: None 0 A. Troyan, MMC, City Clerk of Poway