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Resolution - 9331RESOLUTION NO. 9331 RESOLUTION NO. 9331 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA CONFIRMING THE REPORT OF THE CITY ENGINEER DATED APRIL 30, 1996, PREPARED • PURSUANT TO RESOLUTION NO. 9296, DATED FEBRUARY 20, 1996, AND PRELIMINARILY APPROVED PURSUANT TO RESOLUTION NO. 9318 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, 1996. WEST COVINA CITYWIDE LIGHTING AND MAINTENANCE DISTRICT (FISCAL YEAR 1996-1997) WHEREAS, the City Council of the City of West Covina, California, did in Resolution No. 9296, 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), requires 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 1996-97, 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. 9296, did make and on the 7th day of May 1996, 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. 9296, and as contemplated under the provisions of said Act; and WHEREAS, the said City Council did in Resolution No. 9318 preliminary approve said report on the 7th day of May 1996, in conformity with the provisions of said Act; and WHEREAS, said City Council did thereafter and on the 7th day of May 1996, pass its Resolution of Intention No. 9319 declaring its intention to order certain street lighting fixtures and the appurtenances to be installed and maintained and electric 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 the fiscal year beginning July 1, 1996; and WHEREAS, said City Council did on the 7th day of May 1996, in its Resolution No. 9319, fix and designate Tuesday, the 4th day of June 1996, 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 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 protests and objections, if any, were filed and presented; and WHEREAS, said City Council is fully advised in the premises. C: \msoffice\wi nword\fi les\agenda\I&m96.ph 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 7th of May 1996, 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 40 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. 9319 shall be and the same is hereby fixed and established as the period commencing on the 1st day of July 1996, and ending on the 30th day of June 1997, 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. 9319 and fixed and determined by said report, dated May 7, 1996, 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, 1996, and ending June 30, 1997, 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 Fiscal Year 1996-97 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. resolution. SECTION 6. That the City Clerk shall certify to the adoption of this APPROVED AND ADOPTED this 4th day of June 1996. /M I &&A L--Jl Mayor • ATTEST: City Clerk C:\msoffice\winword\files\agenda\I&m96.ph • 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 4th day of June 1996, the following vote of the Council, to wit: AYES: Councilmembers Herfert; Wong, Touhey NOES: Councilmembers McFadden ABSENT: Councilmembers Manners City Clerk . APPROVED AS TO FORM: Ij City Attorney C:\msoffice\wi.word\files\agenda\I&m9fi.ph