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Res 14-027RESOLUTION NO. 14 -027 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 87 -1 FOR FISCAL YEAR 2014/2015 WHEREAS, the City Council of the City of Poway desires to levy and collect assessments within Poway Landscape Maintenance District 87 -1 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 from the Fiscal Year 2013/2014 assessment rate of $790.00 per net acre per year for Parkway Business Centre I and II, Tech Business Center, and Slough Poway II, LLC; $842.68 per net acre per year for Pomerado Business Park I and II, Trident Center, Discovery Isle, Parkway Business Centre III, Legacy, Toppan, Poway Corporate Center, Poway Views, Watkins Terminals, and Costco /Home Depot; and $210.68 per benefit unit per year for the residential properties of Rolling Hills Estates, Valencia, Kimball, Aviano /Bothwell, Rexford, and Dynasty Development; 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 on a per square foot basis for the maintenance of landscaped medians and right -of -ways. This general benefit contribution for LMD 87 -1 has been calculated to be $125,425.53; and WHEREAS, under Article XIII D, Section 5(b) of Proposition 218 (adopted by general vote on November 5, 1996), the collection of Fiscal Year 2014/2015 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 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 Powav Landscape Maintenance District 87 -1 for Fiscal Year 2014/2015 Resolution No. 14 -027 Page 2 Section 3: Pursuant to the Streets and Highways Code, a public hearing will be held on June 17, 2014 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 20th day of May, 2014. Don Higginson, May ATTEST: �o Sheila R. obian, CMC, City Clerk STATE OF CALIFORNIA ) ) SS COUNTY OF SAN DIEGO ) I, Sheila R. Cobian, CMC, City Clerk, of the City of Poway, do hereby certify under penalty of perjury that the foregoing Resolution No. 14 -027 was duly adopted by the City Council at a meeting of said City Council held on the 20th day of May, 2014, and that it was so adopted by the following vote: AYES: CUNNINGHAM, VAUS, MULLIN, GROSCH, HIGGINSON NOES: NONE ABSENT: NONE DISQUALIFIED: NONE heila R. Cobian, CMC, City Clerk Citv of Powav