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Resolution - 2013-41RESOLUTION NO.2013-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CONFIRMING THE ENGINEER'S REPORT AND THE PLANS, SPECIFICATIONS, ESTIMATES, DIAGRAM AND ASSESSMENTS CONTAINED THEREIN; ORDERING LIGHTING FIXTURES AND ELECTRICAL CURRENT TO BE FURNISHED FOR LIGHTING FIXTURES AND TO ORDER STREET TREES TO BE INSTALLED AND MAINTAINED IN THE WEST COVINA CITYWIDE LIGHTING AND MAINTENANCE DISTRICT FOR FISCAL YEAR BEGINNING JULY 1, 2013 WHEREAS, the City' Council of the City of West Covina, California pursuant to the provisions of the "Landscaping and Lighting Act of 1972" and Proposition 218, required a State certified Engineer of said City to make and file a report in writing, presenting certain matters related to the confirmation of the annual assessments in the Citywide Lighting and Maintenance District 2013-2014 and following, as contemplated under the provisions of said Act and Proposition; and WHEREAS, a State certified Engineer, pursuant to such requirements, did make and file such report; and WHEREAS, the City Council preliminarily approved the report on April 16, 2013, and declared its intention to order certain street lighting fixtures and appurtenances to be installed and maintained and electric current to be furnished for lighting fixtures and to order certain street trees to be installed and maintained for the Fiscal Year beginning July 1, 2013, and following; and WHEREAS, the City Council fixed June 18, 2013, at the hour of 7:00 p.m. of said day as the time for a public hearing to hear protests at the Council Chambers in the City Hall, 1444 West Garvey Avenue South, in the City of West Covina, California. NOW, THEREFORE, the City Council of the City of West Covina, California, does hereby resolve as follows: SECTION 1. That the City Council does hereby approve, confirm and adopt the Engineer's Report dated March 14, 2013, and does hereby approve and confirm the assessments proposed for said proposed improvements 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 here of, and said City Council does hereby also confirm and adopt the respective instruments therein contained and designated therein as SPECIFICATIONS, DIAGRAM AND PLANS, 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 PLANS AND SPECIFICATIONS, therefore, so adopted and approved, and does order the determine that the fiscal years referred to in said Resolution of Intention No. 2013-26 shall be and the same are hereby fixed and established as the period commencing on the Ist day of July 2013, 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. 2013-26 and fixed and determined by said report, proposed assessment, filed therewith. SECTION 3. That the City Council hereby orders and directs the City Treasurer or others to establish a special fund entitled "West Covina Citywide Lighting and Maintenance District" and 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 purpose set out in the Engineer's Report. Resolution No. 2013-41 Page 2 SECTION 4. That the levy and collection of the assessment is statutorily exempt from CEQA as it is for operating expenses and equipment and supplies. 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, the Diagram and Assessments 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 required by law of and to performed by the officer, employee, or person so designated. SECTION 6. That the City Clerk shall certify to the adoption of this resolution. APPROVED AND ADOPTED on this 18"' day of June 2013. ATTEST: , ity Clerk qurie.Carric 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 held thereof on the 18th day of June 2013, by the following vote of the City Council: AYES: Herfert, McIntyre, Sotelo, Sykes, NOES: None ABSENT: None ABSTAIN: None APPROVED AS TO FORM: A ��Z� City Attorney AAold Alvarez-Glasman