Res 10-022RESOLUTION NO. 10 -022
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 2010/2011
WHEREAS, the City Council of the City of Poway desires to levy and collect
assessments within the Poway Lighting District for the purpose of maintaining,
servicing, operating, and administering public lighting facilities, including, but not limited
to, street lights, traffic signals, lighted street signs, 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 attached
hereto; and
WHEREAS, assessments will not increase from the Fiscal Year 2009/2010
assessment rate of $15.00 per benefit unit for Zone A, $3.75 per benefit unit for Zone B,
and $13.58 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 for the maintenance of street lighting and traffic signals. This general
benefit contribution has been calculated to be $106,970; and
WHEREAS, under Article XIII D, Section 5(a) 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 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 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 Lighting District for Fiscal Year 2010/2011.
Resolution No. 10 -022
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.
Don Higginson, Ma or
ATTEST:
nd A. Troyan, City Clerk
Resolution No. 10 -022
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 -022 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
Linda . Troyan, MMC, City Clerk
City o Poway