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Resolution - 2005-22RESOLUTION NO.2005-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DECLARING ITS INTENTION TO COLLECT THE ANNUAL SEWER SERVICE CHARGE THROUGH THE COUNTY TAX BILL AND SETTING A DATE OF NNE 21, 2005 FOR A PUBLIC HEARING • WHEREAS, Section 38902 of the Government Code authorizes a city to establish an annual sewer service charge; and • WHEREAS, pursuant to Section 38902, the City of West Covina, by Resolution No. 5726, established such a sewer service charge exclusively for sewer operation, maintenance and capital costs, and collects the sewer service charge as part of the annual County Secured Property Tax Bill; and WHEREAS, as part Resolution No. 5726, the City also established that the sewer service charge could be increased or decreased annually as of July 1 of each calendar year based upon the Consumer Price Index ("CPI adjustment' herein); and WHEREAS, the City seeks to utilize the allowed for CPI adjustment to increase the Sewer Service Charges by 3.8% commencing Fiscal Year 2005-2006. This rate increase is based on the CPI for the Los Angeles, Riverside, and Orange County areas, which is 3.8% for a one- year period from February 2004 to February 2005; and WHEREAS, the proposed CPI adjustment of 3.8% to the Sewer Service Charge does not constitute an "increase" under Proposition 218 given that the inflationary adjustment of the sewer service charge was authorized prior to the passage of Proposition 218; and WHEREAS, State law requires a public hearing be held on this method of collecting the sewer service charge. NOW, THEREFORE, the City Council of the City of West Covina does hereby resolve as follows: SECTION 1. That the City Council of the City of West Covina does hereby declare its intention to collect a sewer service charge as part of the annual County Secured Property Tax Bill, which shall include the proposed CPI adjustment of 3.8% for Fiscal Year 2005-2006, and hereby sets June 21, 2005, as the date for a Public Hearing on this method of collecting the service charges. SECTION 2. That the City Clerk is hereby authorized, designated and directed to give notice of said Public Hearing in time, form, and manner as required by law. SECTION 3. That the San Gabriel Valley Tribune, a daily newspaper of general circulation, published and circulated within the said City of West Covina, California, is hereby designated as the newspaper in which such notice shall be published. SECTION 4. That the City Clerk of the City of West Covina shall certify to the adoption of this resolution. APPROVED AND ADOPTED on this 3`d day of May 2005. ATTEST: City Clerk Laulie Carrico Mayor Shelley Sanderson Resolution No. 2005-22 May 3, 2005 I, LAURIE CARRICO, CITY CLERK of the City of West Covina, California, do 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 3`a day of May 2005, by the following vote of the City Council: • AYES: Hernandez, Miller, Wong, Sanderson NOES: None ABSENT: Herfert ABSTAIN: None City Clerk Laurie Carrico APPROVED AS TO FORM: " A, - (�-, ty Attmey A/hold Alvarez-Glasman is `A