Resolution - 9225RESOLUTION NO. g775
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA CONFIRMING THE
REPORT OF THE CITY ENGINEER, REVISED, DATED
APRIL 10, 1995, PREPARED PURSUANT TO
RESOLUTION NO, 9178, DATED FEBRUARY 7, 1995,
,• AND PRELIMINARILY APPROVED PURSUANT TO
RESOLUTION NO. 9201, OF SAID COUNCIL, AND THE
ASSESSMENT CONTAINED IN SAID REPORT;
ORDERING CERTAIN LANDSCAPING MAINTENANCE,
RENOVATION AND REPLACEMENT AND
APPURTENANCES TO BE MAINTAINED FOR FISCAL
YEAR BEGINNING JULY 1, 1995.
WEST COVINA LANDSCAPING MAINTENANCE DISTRICT NO. 4
1995-96
WHEREAS, the City Council of the City of West Covina, California, did in
Resolution No. 9178, 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 West Covina Landscaping Maintenance District No. 4, 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. 9178, did make and on the 10 day of April, 1995, file in the
Office of the City Clerk (who is ex-officio Clerk of the City Council) of said City, a report
in writing responsive to the requirements of said Resolution No. 9178, and as contemplated
under the provisions of said Act; and
WHEREAS, the said City Council did in Resolution No. 9201, preliminarily approve
said report on the 10 day of April, 1995, in conformity with the provisions of said Act; and
WHEREAS, said City Council did thereafter and on said 10 day of April, 1995, pass
its Resolution of Intention No. 9201, declaring its intention to order certain landscaping
maintenance, renovation and replacement and appurtenances to be maintained for the fiscal
year beginning July 1, 1995; and
WHEREAS, said City Council did on said 10 day of April, 1995, in its Resolution
No. 9202, fix and designate Tuesday, the 19th day of July, 1994, at the hour of 7:30 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 reference to
the proposed maintenance and assessment said Council did proceed to hold such hearing; and
WHEREAS, at the time and place above stated for hearing protests in reference to
the proposed maintenance and assessment, written and oral protests and objections, if any,
were filed and presented, which said protests and objections, if any, were fully and regularly
heard and considered by said Council; 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:
AGENDA:md4(6-6).95
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 day of April, 1995, and does hereby approve and confirm the assessment
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 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
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 Intention No. 9304 shall be and the same is hereby fixed and
established as the period commencing on July 1, 1995, and ending on June 30, 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. 9204 and as fixed and determined by said report, dated April 10, 1995, 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, 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 Landscaping Maintenance District No. 6
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.
SECTION 6. That the City Clerk shall certify to the adoption of this resolution.
APPROVED AND ADOPTED this 6th day of June , 1995.
May r
SATTEST:
City Clerk
if
AGENDA;md4(6-6).95
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O
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: McFadden, Touhey, Herfert
NOES: Councilmembers: None
ABSENT: Councilmembers: Manners
ABSTAIN: Councilmembers: Wong
APPROVED AS TO FORM:
City Attorney
City erk
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