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Resolution - 9440RESOLUTION NO. 9440 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA INITIATING PROCEEDINGS FOR THE CONFORMATION OF THE WEST COVINA LANDSCAPING MAINTENANCE DISTRICT NO. 4's LEVY AND COLLECTION OF ASSESSMENT WITHIN THAT DISTRICT PURSUANT TO PROPOSITION 218 AND THE LANDSCAPING AND LIGHTING ACT OF 1972 FOR FISCAL YEAR 1997-98. WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 4 (1997-98) WHEREAS, this Resolution shall replace Resolution No. 9426 adopted on March 18. 1997: and WHEREAS, that this Assessment District is known as West Covina Landscaping Maintenance District No. 4; and WHEREAS, it is proposed that said Maintenance District shall install, construct, maintain, or operate certain landscaping and appurtenant facilities that exist in the area of the West Covina Landscaping Maintenance District No. 4; and WHEREAS, since the 1996-97 fiscal year annual confirmation of the levy of these assessment, the voters have adopted Proposition 218 (California Constitution, Article XIII D), and WHEREAS, the West Covina Landscaping Maintenance District No. 4 is exempt from the ballot requirements of Proposition 218 providing the assessments do not increase pursuant to Article XIII D,§ 3(b) (property owner consent to initial formation), and WHEREAS, no increased assessments, new improvements nor substantial changes in existing improvements within said West Covina Landscaping Maintenance District No. 4 are proposed; NOW, THEREFORE, the City Council of the City of West Covina, California, does hereby resolve as follows: SECTION 1. That the above recitals are true and correct. SECTION 2. That the District's Independent Registered Engineer certified by the State of California shall prepare and file with the City Clerk of the City of West Covina an Engineer's Report in accordance with Division 15, Chapter 2 of the Street and Highway Code of the State of California and Proposition 218 as applicable for confirmation of such assessments in the same amount commencing with fiscal year 1997-98. SECTION 3. That a certified copy of this Resolution be presented to the City Engineer of the City of West Covina for his information and guidance. . SECTION 4. The City Clerk of the City of West Covina shall certify to the adoption of this Resolution. APPROVED AND ADOPTED this 22 day of April, 1997. Mayor ATTEST:G�� City Clerk agenda\citywide.97 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of West Covina, California, at a special meeting thereof held on the 22 day of April, 1997, by the following vote of the Council, to wit: AYES: Councilmembers: • NOES: Councilmembers: ABSENT: Councilmembers: • APPROVED AS TO FORM: Herfert, Howard, Nelendez, Touhey, Wong None None U� > City Clerk'_ agendaWtywdde.97r