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Res 86-048RESOLUTION N0.86-048 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, SAN DIEGO COUNTY, CALIFORNIA, ORDERING THE FORMATION OF POWAY LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO. 86-3 WITH WRITTEN CONSENT OF ALL PROPERTY OWNERS WHEREAS, the City Council of the City of Poway, California, desires to form Poway Landscape Maintenance Assessment District No. 86-3, for the purposes of maintaining, servicing, and operating public landscape facilities located within the territory comprising said District as shown in Exhibit "A", pursuant to the Landscape and Lighting Act of 1972; and WHEREAS, the record owner of all of the real property within said territory has given written consent to the proposed formation pursuant to California Streets & Highways Code Section 22608.1; and WHEREAS, the public interest and convenience require the maintenance, service and operation of public landscape facilities within said territory. NOW, THEREFORE, the City Council of the City of Poway does hereby resolve as follows: 1. The foregoing recitals are true and correct and the City Council so finds and determines. e Ail of that certain territory described in Exhibit "A" attached hereto is hereby formed into Poway Landscape Maintenance Assessment District No. 86-3. e Assessment for 1986-87 will be as detailed in the Engineer's Report for Poway Landscape Maintenance Assessment District No. 86-3 for 1986-87 fiscal year (Attachment 3) to Agenda Report. PASSED, APPROVED AND ADOPTED on May 20, 1986. ATTEST: M~orie K. -Wahls~en, ~ity/~2~erk Carl R. Kruse, Mayor EXHIBIT "A" LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO. 86-3 Ail of that property within the boundary of Tract No. 3994 in the City of Poway, County of San Diego, State of California, as shown on Final Map No. 10596, filed in the office of the County Recorder of said county on February 16, 1983. EXHIBIT B ENGINEER'S REPORT FOR POWAY LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO. 86-3 FOR 1986-87 FISCAL YEAR PURPOSE The purpose of this report is to set forth findings and enginering analysis for the Poway Landscape Maintenance Assessment District No. 86-3~ for 1986-87 fiscal year. The Assessment District was formed June 14, 1983 as a means of financing the maintenance of landscape improvements installed in conjunction with new sub- divisions in Poway, the boundary being as shown in Exhibit A. FINDINGS The Landscaping and Lighting Act of 1972 permits the establishment of assessment districts by cities for the purpose of providing for the maintenance of certain public improvements which includes the facilities existing within the subject assessment district. The 1972 Act requires that maintenance assessments be levied according to benefit rather than according to estimated value. Section 22573 provides that: "The net amount to be assessed upon lands'within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements." Based upon the foregoing, it is proposed the City of Poway generate the necessary revenue required to maintain the aforementioned land- scaping improvements with Landscape Maintenance Assessment District No. 86-3 for the 1986-87 fiscal year using the method provided for in the Landscape and Lighting Act of 1972. ENGINEERING ANALYSIS Boundary The boundary of the proposed assessment district is as shown in Exhibit A with Tract 3994 being the present full extent of the District with 30 lots. NAME The District is entitled the "Poway Landscape Maintenance Assessment District No. 86-3.." -- FACILITIES The facilities to be maintained are shown in the Landscape Maintenance District Improvement Plans and include landscaped areas adjacent to Pomerado Road, Beeler Creek, a ~aintained "natural" pond, and trails, all within the District boundaries. These facilities are only par- tially improved at this time and have not yet been accepted by the City for maintenance. BENEFIT ANALYSIS The District is made up of 30 residential lots in Tract 3994. The assessment is calculated on a per lot basis by dividing the total budget by 30. PROPOSED BUDGET In order to provide operating funds for a portion of 1986-87 and start-up funds for maintenance during 1987-88, approximately 1/2 year of operating and maintenance costs are proposed for 1986-87 for a total of $6,125. ASSESSMENT It is determined that all residential lots benefit equally. Accordingly, the assessment for each lot is: Budget = $6~125 = $204 per lot of Lots 30 Director of Public Services/City Engineer R.C.E. No. 21869 Date