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Res 98-040RESOLUTION NO. 98- 040 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 86-2 FOR FISCAL YEAR 1998/99 WHEREAS, the City Council of the City of Poway desires to levy and collect assessments within Poway Landscape Maintenance District 86-2 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, assessments will not increase for either one (or both) zones pending ballot procedures set forth within Engineer's Report (A); and WHEREAS, should a majority protest be received from property owners within Zone A (residential), the Fiscal Year 1998/99 assessment rate shall remain at the Fiscal Year 1997198 assessment rate of $186.16 per benefit unit; and WHEREAS, should a majority protest be received from property owners within Zone B (residential), the Fiscal Year 1998/99 assessment rate shall remain at the Fiscal Year 1997198 assessment rate of $240.90 per benefit unit; and WHEREAS, under Article XlII D, Section 5(b) of Proposition 218 (adopted by general vote on November 5, 1996) the collection of Fiscal Year 1998/99 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 and soundwalls within said territory. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: The foregoing recitals are true and correct and the City Council so finds and determines. Proposed assessments are as detailed in the Engineer's Report for Poway Landscape Maintenance District No. 86-2 for fiscal year 1998/99. Resolution No. 98- 040 Page 2 Pursuant to the Streets and Highways Code, a public hearing will be held on June 30, 1998 in the City Council Chambers at City Hall to consider the levy and collection of the proposed assessments. PASSED, ADOPTED, and APPROVED by the City Council of the City of Poway, Califomia, at a regular meeting this 28th day of April 1998. Al-rEST: hlsten, City Clerk STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN DIEGO ) I, Marjorie I~ Wahlsten, City Clerk of the City of Poway, do hereby certify that the foregoing Resolution No. 98- 040 , was duly adopted by the City Council at a meeting of said City Council held on the 28th day of April 1998, and that it was so adopted by the following vote: AYES: EMERY, GOLDBY, REXFORD, HIGGINSON NOES: NONE ABSTAIN: NONE ABSENT: CAFAGNA Marjor~_~ Wahlsten, City Clerk