Resolution - 9223RESOLUTION NO. 9223
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, CONFIRMING THE REPORT
OF THE CITY ENGINEER DATED APRIL 10, 1995,
PREPARED PURSUANT TO RESOLUTION NO. 9177, DATED
FEBRUARY 7, 1991, AND PRELIMINARILY APPROVED
PURSUANT TO RESOLUTION NO. 9194 OF SAID COUNCIL,
AND THE PLANS, SPECIFICATIONS, ESTIMATE, DIAGRAM
AND ASSESSMENT CONTAINED IN SAID REPORT;
ORDERING CERTAIN LIGHTING FIXTURES AND
ELECTRICAL CURRENT TO BE FURNISHED FOR
LIGHTING FIXTURES AND TO -ORDER CERTAIN
LANDSCAPING TO BE INSTALLED AND MAINTAINED
AND TO ORDER CERTAIN PARKS TO BE IMPROVED AND
MAINTAINED FOR FISCAL YEAR BEGINNING JULY 1,
1995.
WEST COVINA CITYWIDE LIGHTING AND MAINTENANCE DISTRICT
(FISCAL YEAR 1995-1996)
WHEREAS, the City Council of the City of West Covina, California;. did in
Resolution No. 9177, of said Council, pursuant to the provisions of the "Landscaping 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 City Clerk of the City Council a report in writing, presenting certain matters related
to the proposed Citywide Lighting and Maintenance District 1995-96, as contemplated under the
provisions of said Act; and
WHEREAS, said City Engineer, pursuant to the requirements of said City Council
as expressed in Resolution No. 9177. did make and on the loth day of April, 1995, 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. 9177, and as contemplated
under the provisions of said Act; and
. WHEREAS, the said City Council did in Resolution No. 9194 preliminarily
approve said report on the loth day of April, 1995, in conformity with the provisions of said
Act; and
WHEREAS, said City Council did thereafter and on the loth day of April, 1995,
pass its Resolution of Intention No. 9197 declaring its intention to order certain street lighting
fixtures and the appurtenances to be installed and maintained and to order certain parks to be
improved and maintained, for the fiscal year beginning July 1, 1995; and
WHEREAS,. said City Council did on the loth day of April, 1995, in its
Resolution No. 9197, fix and designate Tuesday, the 16th day of May, 1995, at the hour of
7:30 p.m. of said day as the time for hearing protests in reference to the proposed improvement
and assessment, at the Council Chambers 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 protests and objections, if any,
were filed and presented; and
WHEREAS, said City Council is fully advised in the premises.
NOW, THEREFORE, the City Council of the City of West Covina, California, does hereby
resolve as follows:
SECTION 1. That said City Council does hereby deny any and all protests and
objections and does hereby approve, confirm and adopt the said report of said City Engineer
dated the loth of April, 1995, and does hereby approve and confirm the assessment proposed
for said proposed improvement 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 therein contained and designated therein as SPECIFICATIONS, DIAGRAM AND
PLAN, Estimate of Costs and Assessments, 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
improvement 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. 9197 shall be and the same is hereby fixed and established as the
period commencing on the 1st day of July 1995, and ending on the 30th day of June 1996, 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. 9197 and fixed and determined by said report, dated April 10, 1995, 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, 1995, and ending June 30, 1996, both dates inclusive.
SECTION 3. That the City Council hereby orders and directs the City Treasurer
to establish a special fund entitled "West Covina Citywide Lighting and Maintenance District
No. 1995-96 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 levy and collection of the assessment is statutorily exempt
from CEQA as it is for operating expenses, equipment and supplies, and reserves.
SECTION 5. 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 6. That the City Clerk shall certify to the adoption of this resolution.
APPROVED AND ADOPTED this 6th day of June , 1995.
Mayor
ATTEST:
City. Clerk
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 -6th
day of June , 1995, by the following vote of the Council, to wit:
AYES: Councilmembers: Touhey, Herfert
NOES: Councilmembers: Wong
ABSENT: Councilmembers: Manners, McFadden
City Clerk.--
Approved At To Form:
Q4a&t 4q LOB
City Attorney