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Resolution - 5723RESOLUTION NO.. 5723 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CONFIRMING THE REPORT OF THE CITY ENGINEER DATED APRIL 25, 1978, PREPARED PURSUANT TO RESOLUTION NO. 5678 AND APPROVED PURSUANT TO RESOLUTION NO. 5696 , OF SAID COUNCIL -,-AND THE PLAN5, SPECIFICATIONS, ESTIMATE, DIAGRAM AND ASSESSMENT CON- TAINED IN SAID REPORT; ORDERING CERTA4.N STREET LIGHTING FIXTURES AND APPURTENANCES TO BE RENOVATED, IMPROVED AND MAINTAINED AND ELECTRIC CURRENT TO BE FURNISHED FOR LIGHTING SAID FIXTURES AND FOR THE MAINTENANCE AND TRIMMING OF TREES AND FOR LANDSCAPING MAINTENANCE, FOR THE FISCAL YEAR BEGINNING JULY 1, 1978. WEST,COVINA STREET LIGHTING AND LANDSCAPING MAINTENANCE DISTRICT NO. 1978-1979• WHEREAS, the City Council of the City of West Covina, Cal^ifornia, did in Resolution No. 5678 of said Council,pursuant to the provisions of the "Land- scaping and Lighting Act of 197211, (now Part 2 of Division 15, Section 22500 et seq.of the Streets and Highways Code of the State of California), require the City,Engineer of said City to make and file with the Clerk of said Council a report in writing presenting certain matters relating to the proposed Street Lighting and Landscaping Maintenance District No. 1978-1979, as contemplated • under the provisions of said Act; and WHEREAS, the City Engineer, pursuant to the requirements of said City Council, expressed .in said Resolution No. 5678 , did make and on,the 25th day of April, 1978, file in the office of the City Clerk (who is ex-officio Clerk of the City Council) of said City his report in writing responsive to the requirements of said Resolution No. 5678. and as contemplated under the provisions of said Act; and WHEREAS, the said City CounciI'did in Resolution No.' 5696 approve said report on the 22nd day of May, 1978, in conformity with the provisions of said Act; and WHEREAS, said City Council did thereafter and on said 22nd day of May, 1978, pass its Resolution of Intention No. 5697 , declaring its intention to order certain street lighting fi-xtures and appurtenances to be renovated, improved and maintained and electric current to be furnished for lighting said fixtures,.and for the maintenance and trimming of trees and for landscaping maintenance, for the -fiscal year beginning July 1, 1978; and WHEREAS, said City Council did on said 22nd day of May,;1978, in its Resolu- tion No. 569 7 fix and designate Monday, the 26th day of June, .1978, at the hour of 8:00 clock P. M. of said day as the time for hearing protests in refer- ence to o'clock proposed improvement and assessment., at the Council Chamber in the City Hall, 1444 West Garvey Avenue, in the City of West Covina, California; and •WHEREAS, at the time and place above stated for hearing protests in reference to the proposed improvement and assessment, written and oral,protes.ts and objections were filed and presented; and WHEREAS, said City Council being fully advised in the premises, does hereby proceed as.fo.11ows: NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF'WEST;COVINA, CALIFORNIA., DOES RESOLVE, DECLARE, FIND,.DETERMINE AND ORDER AS.FOLLOWS: • SECTION 1. That s6i2d Council does hereby approve, confirm and adopt the said report of said City Engineer dated the 25th day of April, 1978, and does hereby approve and confirm the assessment proposed for said proposed improvement set forth and referred to in said report., which said report is now on file in the office of the City Clerk of said City, open to inspection, hereby referred to and made a part hereof; and said City Council does hereby also confirm and adopt the respective instruments therein contained and designated therein as Specifications, Diagram and Plan No. 1978-1979, Estimate of Costs and Assessment, all of which, on file as aforesaid, are hereby incorporated herein and made a part hereof. SECTION 2. That said Council does hereby order the said contemplated improve- ment to be made in accordance with the said Plan and Specifications therefor, so adopted and approved, and does order and determine that the fiscal year referred to in said Resolution of Intention No. 5697 shall be and the same is hereby fixed and established as the period commencing on the lst day of July, 1978, and ending on the 30th day of June, 1979, both dates inclusive, as therein set forth; and said Council does hereby levy.the said proposed total assessment made to cover the costs and expenses of said improvement upon the respective several subdivisiors of land in. the assessment district described in said Resolution of Intention No. 5697 and as fixed and determined by said report, dated April 25, 1978, and the proposed assessment, filed therewith, as aforesaid, in the office of the City Clerk of said City, for the fiscal year beginning July 1, 1978, and ending June 30, 1979, both dates inclusive. SECTION 3. That the City Council hereby orders and directs the City Treasurer to establish a special fund entitled, "West Covina Street Lighting and Landscaping Maintenance District No. 1978-1979 Fund", and who shall place into said Fund all payments of assessments received fromAhe County Tax Collector and payments shall be made out of said spec1a1 Fund only for the purposes provided for in said Part 2, Division 15, Streets and Highways Code, of the State of California, as set forth in Chapter 5, Section 226S5, of said Code. SECTIONIL. That the City Clerk of said City is hereby orderedto transmit, or cause to be transmitted, to the County Auditor of Los Angeles County, State of California, as contemplated under the provis.isons of the "Landscaping and Lighting Act of 197211, the Diagram and Assessment upon which s..uch,levy is -based, and the County Tax Collector of said County (who is also the City Tax Collector for said City) is hereby designated, requested, empowered, authorized,,instructed, ordered and directed to make collection of all assessmentsshown in said Assessment and to perform the acts and duties as are required by law of -and to'be performed by the officer, employee, or persons so designated. SECTION 5. That the City Clerk shall certify to the passage and adoption of this resolution, shall cause the same to be entered in the book of original reso- lutions of said City, and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City in the minutes of the meeting at which the same is passed and adopted. SECTION 6. That this resolution shall take effect immediately. PASSED, APPROVED AND ADOPTED this 2 6th day of June, 1978. MAYOR OF THE CITY OF WEST COVINA, CALIFORNIA. ATTEST:- CI Y CLERK 2z STATE OF CALIFORNIA ) i ) COUNTY OF LOS ANGELES ) SS. CITY OF WEST COVINA ) I, LELA W. PRESTON, City Clerk of the City of West Covina, California, do hereby certify that the foregoing Resolution No. 5723 was duly and regularly passed, approved and adopted by.the City Council of the City of West Covina at a regular meeting of said Council held at the regular meeting place thereof on the 26th day of June, 1978, by the following vote, to -wit: AYES: COUNCILMEMBERS: Shearer, Browne, Chappell, Tice. NOES: COUNCILMEMBERS: Miller. ABSENT: COUNCILMEMBERS: None • (SEAL) APPROVED AS TO FORM: CITY ATTORNEY • CITY CLERK AND EX-0 ICIO CLERK OF THE CITY COUNCIL, CITY OF WEST COVINA, CALIFORNIA. -3-