Resolution - 9449RESOLUTION NO. 9449
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, PRELIMINARILY APPROVING THE
CERTIFIED ENGINEER'S REPORT AND DECLARING ITS
INTENTION TO HOLD A PUBLIC HEARING ON JULY 1, 1997 FOR
• LANDSCAPE MAINTENANCE DISTRICT NO. 7 COMMENCING IN
FISCAL YEAR 1997-98 TO FUND THE OPERATION AND
MAINTENANCE OF CERTAIN LANDSCAPING AND APPURTENANT
FACILITIES WITHIN THE BOUNDARIES OF THE DISTRICT.
WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 7
WHEREAS, the City Council of the City of West Covina, California, did in
Resolution No. 9442 adopted April 22, 1997, pursuant to the provisions of Proposition
218 and the "Landscaping and Lighting Act of 1972", of the State of California, require
its State certified registered professional engineer to make and file with the City Clerk of
the City Council a report in writing, relating to assessments to fund the operation and
maintenance of certain landscaping and appurtenant facilities that exist in the area of
West Covina Landscape Maintenance District No. 7.
WHEREAS, the West Covina Landscape Maintenance District No. 7 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, on the 20th day May, 1997, the State certified registered
professional engineer filed in the office of the City Clerk of said City, her written report in
writing responsive to the requirements of said Resolution No. 9442; and
r
WHEREAS, said City Clerk has presented the said report to the City
Council of said City and said Council has considered said report;
NOW, THEREFORE, the City Council of the City of West Covina,
California, does hereby resolve as follows:
SECTION 1. That the report of the state certified registered professional
engineer of the City of West Covina, California, dated May 13, 1997, which was filed in
the office of the City Clerk of the City of West Covina, California, on the 20th day of
May, 1997, be and the same is hereby preliminarily approved subject to modification at
the Protest Hearing.
SECTION 2. A) By the adoption of this resolution and preliminary
approval of the engineer's report, the City Council declares its intention to levy and
collect West Covina Landscape Maintenance District No. 7 assessments in the
amounts set out in the Engineer's report to fund operation and maintenance of certain
landscaping and appurtenant facilities that exist in the area of West Covina Landscape
Maintenance District No. 7 commencing with Fiscal Year 1997-98. The City Council
intends to confirm this assessment amount annually thereafter, increased only by the
any increase in the Consumer Price Index, until such time as the assessment is
• increased by the mailed ballot process as set out in the provisions of Proposition 218 or
is terminated by action of the City Council or property owner voters.
B) The improvements and assessments shall be done under Proposition
218 and the Landscaping and Lighting Act of 1972, as amended.
C) The assessments shall be collected on the property tax bill with and
subject to the same procedures and penalties for delinquency as general county
property taxes.
SECTION 4. Public Hearing: That a Public Hearing is set for Tuesday,
July 1, 1997 at 7:30 PM in the City Council Chambers located at 1444 West Garvey
Avenue in the City of West Covina, to take the testimony on the issue of whether or not
the assessments should be approved;
SECTION 7. Publication: The City Clerk shall publish this resolution at
• least 10 days before the hearing as required by Government Code § 54954.6 (display
ad); i
SECTION 9. The City Council finds that the levy and collection of these
assessments is statutorily exempt from the California Environmental Quality Act under §
15273 of the Guidelines, as none of the proceeds will be used for capital expenses, but
will be used instead for operation and maintenance;
Resolution.
SECTION 10. The City Clerk shall certify to the adoption of this
APPROVED AND ADOPTED this 20th day of May, 1997.
ATTESTED:
City Clerk
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
20th day of May, 1997, by the following vote of the Council, to wit:
AYES: Councilmembers: Herfert, Howard, Melendez, Touhey
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: touncilmembers•' Wong City Clerk
APPROVED AS TO FORM:
City Attorney
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