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