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Res 11-021RESOLUTION NO. 11 -021 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 2011/2012 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 2010/2011 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 $108,307; 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 2011/2012 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 2011/2012. Section 3: Pursuant to the Streets and Highways Code, a public hearing will be held on July 19, 2011 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. Resolution No. 11 -021 Page 2 PASSED, ADOPTED and APPROVED by the City Council of the City of Poway at a regular meeting this 17`" day of May, 2011. Don Higginson, Mayor ATTEST: / Ljn a royan, MMC, City Clerk Resolution No. 11 -021 Page 3 STATE OF CALIFORNIA ) )SS COUNTY OF SAN DIEGO) I, Linda A. Troyan, MMC, City Clerk of the City of Poway, do hereby certify under penalty of perjury that the foregoing Resolution No. 11 -021 was duly adopted by the City Council at a meeting of said City Council held on the 17th day of May 2011, and that it was so adopted by the following vote: AYES: BOYACK, GROSCH, MULLIN, CUNNINGHAM, HIGGINSON NOES: NONE ABSENT: NONE DISQUALIFIED: NONE Lfida . Troyan, MMC, City Clerk Ci of Poway