Resolution - 9117RESOLUTION NO. 9117
A RESOLUTION OF THE CITY COUNCIL OF TUE CITY OF WEST
COVINA. CALIFORNIA CONFIRMING THE RE PORT OF THI-- CITY
ENGINEER DATED MAY 3, 1994, AS REVISED, PREPARED
PURSUANT TO RESOLUTION NO. 9052, DATED FEBRUARY I,
1994, AND PRELIMINARILY APPROVED PURSUANT TO
RESOLUTION NO. 9085 OF SAID COUNCIL., AND THE,
. ASSESSMENT CONTAINED IN SAID REPORT; ORDERING
CERTAIN LANDSCAPING MAINTTNANCI:?, RENOVATION AND
REPLACEMENT AND APPURTENANCES TO 13E MAINTAINED F.OR
FISCAL YEAR BEGINNING JULY I, 1994.
WEST COVINA LANDSCAPING MAINTENANCE DISTRICT NO 7 (1993-1994)
WIIEREAS, the Cily Council of (lie City of West Covina, California, did in Resolution
No. 9052, of said Council, pursuant Io the provisions of (he "Landscaping and Lighting Act of 1972",
(now Par( 2. of Division 15, Section 22500 et sell. of the Streets and highways Code of the Slate of
California), require the City Engineer of said City to make and file with (he City Clef k,of the City
Council a report in writing, presenting certain matters related to the proposed West Covina Landscaping
Maintenance District No. 7, as contemplated under the provisions of said Act; and
WHEREAS, said City Engineer, pursuant to the requirements of said City Council as
expressed in RCSOIUIIo❑ No. 9052, did make and on (he 31d day of May, 1994. file in (he Olfice of the
City Clerk (who is ex-officio Clerk of the Cily Council) ol' said City, if repot[ in vvri(ing responsive to
the requirements of said Resolution No. 9052, and as contemplated under the provisions of said Act;
and
WHEREAS, (he said City Council did in Resolution No. 9085 preliminarily approve said
report on the 3rd day of May 3, 1994, in conformity with the provisions of said Act; and
WHEREAS, said City Council did thereafter and on said 31d day of May, 1994, pass its
Resolution of Intention No. 9086 declaring its intention to order certain landscaping maintenance,
renovating and replacement and appurtenances to be maintained [of the fiscal year beginning .Iuly 1,
1994; and
WHEREAS, said City Council did oil said 31d day of May, 1994, ill its Resolution No.
9086, fix and designate Tuesday, file 1911, day of .luly, 1994, el (he hour of 7`30 p.m. of said day as the
time fill hearing protests in reference to the proposed maintenance and assessntcur, al the Council
Chamber in the City hall, 1444 West Garvey Avenue, in the City of West Covina, California; and
WHEREAS, at (he lime and place above stated for hearing protests in reference to (he
proposed maintenance and assessment said Council did proceed to hold such hearing; and
WIIERIiAS, ;if the lime and place above s(a(ed.for hearing protests in reference to the
proposed nnaiu(enance and assessment, written and oral protests and objections, if any, were filed and
preseuled, which said protests and ohiections, if any, were fully and regularly heard and considered by
said Council; and
WHEREAS, said City Council is fully advised ill the premises.
NOW. THEREFORE, the City Council of the City of West Covina, California, clues
hereby resolve as follows:
• SECTION I. That said City Council does hereby deny any and all protests and
objections and does hereby approve, confirnn and adopt the said report of said Cily Fligincer dated the
31d day of May, 1994, as revised, and does hereby approve and confirm Ilse assessincnl proposed for
said proposed maintenance as set forth and rebelled to in said report, which said report is now on file in
(he office of the City Clerk of said City, open to inspection, hereby referred to and made if part hereof:
and said Cily Comtcil does hereby also confirm and adopt (he respective instmineills therein contained
and designated (herein as SPECIFICATIONS, DIAGRAM AND PLAN, Estimate of Costs and
Assessmen(s, all of which, on file as aforesaid, are hereby incorporated herein and made a part hereof.
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SECTION 2. That said Council does hereby order the said contemplated maintenance 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 Intent No.
8949 shall be and the same is hereby fixed and established as the period commencing on July 1, 1994,
and ending on June 30, 1995, 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. 9086 and as fixed and determined by said report, dated May 3. 1994, as revised, 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, 1994, and ending June 30, 1995, both dates inclusive.
SECTION 3. That the City Council hereby orders and directs the City Treasurer to
establish a special fund entitled "West Covina Landscaping Maintenance District No. 7 Fund", and who
shall place into said Fund all payments of assessments received from the County Tax Collector and
payments shall be made 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 the 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 Council finds that the levy and collection of these
assessments is statutorily exempt from CEQA pursuant to Section 15273 of the Guidelines, in that the
proceeds of the assessments are to be used for meeting operating expenses, purchasing supplies and
meeting financial reserves needs and requirements.
ATTEST:
SECTION 6. That the City Clerk shall certify to the adoption of this resolution.
APPROVED AND ADOPTED this 19th day of July. 1994.
z
City Clerk
�i ayor —
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of the
City of West Covina, California, at a regular meeting thereof held on the 19th day of July, 1994, by
the following vote of the Council, to wit:
AYES: Councilmembers:
NOES: Councilmembers
ABSENT: Councilmembers:
ABSTAIN: Councilmembers
Approved as to form:
City Xttorney
Touhey, Iferfert
McFadden
Manners
Wong
✓City Clerk
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