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Resolution - 5938RESOLUTION NO. 5938 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CONFIRMING THE REPORT OF THE CITY ENGINEER DATED APRIL 27, 1979, PREPARED PURSUANT TO RESOLUTION NO. 5868 AND APPROVED PURSUANT TO RESOLUTION NO. 5908 OF SAID COUNCIL, AND THE PLANS, SPECIFICATIONS, ESTIMATE, DIAGRAM AND ASSESSMENT CONTAINED IN SAID REPORT; ORDERING CERTAIN LANDSCAPING MAINTENANCE, RENOVATING AND REPLACEMENT AND APPURTENANCES TO BE MAINTAINED FOR THE FISCAL YEAR BEGINNING JULY 1, 1979• WEST COVINA WOODSIDE VILLAGE LANDSCAPING MAINTENANCE DISTRICT N0. 4 - 1979-1980. WHEREAS, the City Council of the City of West Covina, California, did in Resolution No. 5868 of said Council, pursuant to the provisions of the "Landscap- ing and Lighting Act of 1972" (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 City Council a report in writing presenting certain matters relating to the proposed West Covina Woodside Village Landscaping Maintenance District No. 4, 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. 5868, did make and on the 27th day of April, 1970, 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 require- ments of said Resolution No. 5868 and as contemplated under the provisions of said Act; and WHEREAS, the said City Council did in Resolution No. 5908 approve said report on the 14th day of May., 1979, in conformity', with the provisions of said Act; and WHEREAS, said City Council did thereafter and on said 14th day of May, 1979, pass its Resolution of Intention No. SgOq declaring its intention to order certain landscaping maintenance, renovating and replacement and appurtenances to be maintained for the fiscal year beginning July.]., 1979; and WHEREAS, said City Council did on said loth day of M ay, 1979, in its Resolution No. 5909 , fix and designate Monday, the V.1th day. of June, 1979, at the hour of 8:00 o'clock P. M. of said day as the time for hearing protests in reference to the proposed maintenance 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 refer"" ence to the proposed maintenance and assessment said Council did proceed to hold and did hold such hearing; and WHEREAS, at the time and place above stated for hearing protests in refer ence to the proposed maintenance and assessment, certain written and oral protests and objections were filed and presented, which said protests and objections were fully and regularly heard and considered by said Council; and WHEREAS, said City Council being fully advised 1'.n the premises, does hereby proceed as follows: • NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DOES RESOLVE, DECLARE, FIND, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That said Council does hereby deny all protests and objections and does hereby approve, confirm and adopt the said report of said City Engineer dated the 27th day of April, 1979, and does hereby approve and confirm the assess- ment proposed for said proposed maintenance as 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 there- in contained and designated therein as SPECIFICATIONS, DIAGR9M and PLAN NO. 1979-1980, 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 main- tenance to be made in accordance with the said PLAN and SPECIFICATIONS therefor, so adopted and approved, and does hereby order and determine that the fiscal year referred to in said Resolution of Intention No. 5909 shall be and the same is hereby fixed and established'as the period commencing on the 1st day of July, 1979, and ending on the 30th day of June, 1980, 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 subdivisions of land in the assessment district described in said Resolution of Intention No. 5909 and as fixed and determined by said report, dated April 27, 1979, 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, 1979 and ending June 30, 1980, both dates inclusive. SECTION 3. That the City Council hereby orders and directs the City Treasurer to establish a special fund entitled, "West Covina Woodside Village Landscaping Maintenance District No.4-1979-1980 Fund"; and who shall place into said Fund all payments of assessments received from the County Tax Collector and payments shall be md,de.out of said special 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 22655, of said Code. SECTION 4. That the City Clerk of said'City is hereby ordered to transmit, or cause to be transmitted, to the County Auditor of Los Angeles County, State of California, as contemplated under the provisions of the "Landscaping and Lighting Act of 1972",. the Diagram and Assessment upon which such levy is based, and the 'County Tax Collector of said County (who is also the City Tax Collector for said 'City) is hereby designated, required, empowered, authorized, instructed, ordered and directed to make collection of all assessments shown 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 person 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 resolutions 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 _itth day of June, 1979• ATTEST: CITY CLERK MAYA OF THE CITY OF WEST NA, CALIFORNIA. -2- STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS. 40 CITY OF WEST COUINA ) I, YVONNE CALMES City Clerk of the City of West Covina, California, do hereby certify that the foregoing Resolotion No.`593 8 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 th.e'It.th day of June, 1979, by the following vote, to -wit: AYES: COUNCILMEMBERS: Miller, Tice, Shearer, Browne, Chappell NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ( SEAL) APPROVED AS TO FORM: &t*.- eA.4.04.. CITY ATTORNEY • ITY CLERK AND EX-OFFICIO CLERK OF THE CITY COUNCIL, CITY OF WEST COVINA, CALIFORNIA. -3-