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Resolution No. 3868RESOLUTION NO. 3868 19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COUNTY OF ORANGE, STATE OF CALIFORNIA, CONFIRMING THE REPORT OF THE CITY ENGINEER OF SAID CITY, DATED NOVEMBER 5, 1990, PREPARED PURSUANT TO RESOLUTION NO. 3841 OF SAID COUNCIL AND REFERRED TO IN RESOLUTION NO. 3844 OF SAID COUNCIL, AND THE PLANS, SPECIFICATIONS AND ESTIMATE CONTAINED IN SAID REPORT; ORDERING THE MAINTENANCE OF AND THE FURNISHING OF ELECTRIC CURRENT TO LIGHT SAID STREET LIGHTING SYSTEM REFERRED TO IN RESOLUTION OF INTENTION NO. 3845 AND RESOLUTION NO. 3846, APPOINTING THE TIME AND PLACE FOR HEARING, ALL IN ACCORDANCE WITH DIVISION 14, PART 1, STREETS AND HIGHWAYS CODE, STATE OF CALIFORNIA, AS AMENDED, REFERRED TO AS THE "STREET LIGHTING ACT OF 1919" WHEREAS, the City Council of the City of Cypress did, by Resolution No. 3841 of said Council, pursuant to the provisions of Division 14, Part 1, Streets and Highways Code, State of California, as amended, thereinafter referred to as the "Street Lighting Act of 1919" require the City Engineer of said City to make and file with the City Clerk of said City a report in writing presenting certain matters relating to Cypress Lighting District No. 2 in said City; and WHEREAS, the City Engineer of said City, pursuant to the requirements of said Resolution No. 3841 did make and, on the 5th day of November, 1990, file in the Office of the City Clerk of said City, his report in writing responsive to the requirements of Resolution No. 3841 and as required under the provisions of the Street Lighting Act of 1919; and WHEREAS, the City Council did thereafter and on the 13th day of November, 1990, pass its Resolution of Intention No. 3845 declaring its intention to order the installation of, maintenance of, and furnishing of electrical current for the lighting of a street lighting system on certain public streets within said City for a period of one (1) year; and WHEREAS, said City Council did also, on said 13th day of November, 1990, in its Resolution No. 3846, fix and designate Monday, the 10th day of December, 1990, at the hour of 7:30 p.m. of said day, as the date and time, and 5275 Orange Avenue in the City of Cypress, California, as the place for hearing protests in reference to the proposed improvement and costs; and WHEREAS, notice of said hearing was given in the manner required by law and, at the time and place above stated for the hearing of protests in reference to the proposed improvement and costs, said Council did proceed to hold and did hold said hearing, and did hear, consider the pass upon all protests received; and WHEREAS, a majority protest was not made, and all protests made were denied by the City Council. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS, COUNTY OF ORANGE, STATE OF CALIFORNIA, DOES RESOLVE, DECLARE, FIND, DETERMINE, AND ORDER AS FOLLOWS: Section 1. That said Council does hereby approve, confirm and adopt the said report of the City Engineer of said City, dated the 5th day of November, 1990, and does approve and confirm the costs proposed for said improvement set forth and referred to and made a part hereof, and said City Council does hereby also confirm, and adopt the respective instruments therein as plans, specifications, estimate, and diagram, all of which, on file as aforesaid, are hereby incorporated herein and made a part hereof. 20 Section 2. That said Council does hereby order the said contemplated improvement to be made in accordance with said plans and specifications therefore, as adopted and approved, and that the period of one (1) year referred to in Resolution of Intention No. 3845 shall be, and the same is hereby fixed and established as, the one (1) year period commencing on the 1st day of January, 1991, and ending on the 1st day of January, 1992, both dates inclusive, as therein set forth; and said Council does hereby approve the costs and expenses of said improvements upon the respective parcels of land in the assessment district described in Resolution of Intention No. 3845. Section 3. That in accordance with Section 18162 and Section 18165 of the Streets and Highways Code, the estimated cost proposed to be borne by the District shall be paid by special assessment taxes levied upon the respective parcels of land within the District. As required by Section 18165 of the Streets and Highways Code, the City Council shall, at the same time of making the next general tax levy, and in the manner provided for the general tax levy, levy such special assessment tax on all parcels of land, and shall so state in its levy that the special assessment tax is upon all the parcels of land within the District. Section 4. A certified copy of this Resolution and a map of the District required by Section 18161 of the Streets and Highways Code shall be filed with the Assessor, whose roll is used for the levy, and with the State Board of Equalization, as required by Section 18163. PASSED AND ADOPTED by the City Council of the City of Cypress at 1990. ATTEST: a regular meeting held on the 10th day of December, MAYOR OF THE CITY OF CYPRESS I, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Resolution was duly adopted at a regular meeting of the said City Council held on the 10th day of December, 1990, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Age, Kerry, Nicholson, Partin and NOES: 0 COUNCIL MEMBERS: None Bowman ABSENT: 0 COUNCIL MEMBERS: None 2 74'x'1 CITY CLERK OF THE CITY OF CYPRESS