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Res 14-038RESOLUTION NO. 14 -038 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, ESTABLISHING ASSESSMENTS FOR POWAY LANDSCAPE MAINTENANCE DISTRICT 86 -2 TO BE COLLECTED ON THE SAN DIEGO COUNTY PROPERTY TAX ROLL FOR FISCAL YEAR 2014/2015 WHEREAS, the City Council of the City of Poway desires to have Landscape Maintenance District assessments collected on the San Diego County property tax roll; and WHEREAS, on June 17, 2014, the City Council held a duly advertised public hearing to solicit comments from the public, both pro and con, relative to this application; and WHEREAS, pursuant to the provisions of City of Poway Resolution No. 00 -034 (Policies for Landscape Maintenance Districts) and Assessment Law being the "Landscape and Lighting Act of 1972" (being Part 2 of Division 15 of the California Streets and Highways Code), applicable provisions of "Proposition 218" (being Article XIII C of the California Constitution), and provisions of the "Proposition 218 Omnibus Implementation Act" (being California Senate Bill 919), and in accordance with the Resolution of Intention, being City of Poway Resolution No. 14 -025 adopted by the City Council of the City of Poway, County of San Diego, State of California, in connection with the proceedings for Landscape Maintenance District 86 -2, the Assessment Engineer to the City of Poway has submitted an Engineer's Report for the District as required by California Streets and Highways Code, Section 22565; and WHEREAS, on May 20, 2014, at a regular meeting of the Poway City Council, the amounts to be collected have been set forth in a public Engineer's Report; and WHEREAS, the public has been allowed to comment on these amounts and this action has been duly advertised as required by law; and WHEREAS, this action is authorized by the laws of the State of California. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: Section 1: The Assessment Rates for two (2) zones are as follows: Zone A: $186.16 per benefit unit Zone B: $297.82 per benefit unit Section 2: The sum of assessments to be collected on the Fiscal Year 2014/2015 San Diego County property tax roll to provide for the maintenance of landscape improvements within Zones A, and B of Landscape Maintenance District 86- 2 are as follows: Resolution No. 14 -038 Page 2 Zone A: $20,477.60 Zone B: $50,033.76 Section 3: Under Assessment Law, the City of Poway's General Benefit Contribution has been calculated as follows: Zone A: $ 2,979.07 Zone B: $ 2,674.70 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 17th day of June 2014. ATTEST: khuoc���, Sheila . Cobian, CMC, City Clerk STATE OF CALIFORNIA ) ) SS COUNTY OF SAN DIEGO ) Don Higginson, Mayor 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 -038 was duly adopted by the City Council at a meeting of said City Council held on the 17th day of June 2014, and that it was so adopted by the following vote: AYES: VAUS, MULLIN, GROSCH, HIGGINSON NOES: NONE ABSENT: CUNNINGHAM DISQUALIFIED: NONE ,�b Sheila . Cobian�., , CMC, City Clerk City of Poway