Resolution No. 3499 a/
RESOLUTION NO. 3499
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 14, 1988, PREPARED PURSUANT
TO RESOLUTION NO. 3459 OF SAID COUNCIL AND REFERRED TO IN
RESOLUTION NO. 3467 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. 3468 AND RESOLUTION NO. 3469, 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"; AND ORDERING
THE DETACHMENT AND WITHDRAWAL OF TERRITORY FROM THE ORANGE COUNTY
STREET LIGHTING ASSESSMENT DISTRICT AND ANNEXATION OF SAME TO THE
CYPRESS STREET LIGHTING ASSESSMENT DISTRICT NO. 2.
WHEREAS, the City Council of the City of Cypress did, by
Resolution No. 3459 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. 3459 did make and, on the
14th day of November, 1988, file in the Office of the City Clerk
of said City, his report in writing responsive to the
requirements of Resolution No. 3459 and as required under the
provisions of the Street Lighting act of 1919; and,
WHEREAS, the City Council did thereafter and on the 14th
day of November, 1988, pass its Resolution of Intention No. 3468
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, pursuant to Resolution No. 88-31 of the Local
Agency Formation Commission of the County of Orange and upon the
effective date of Annexation to the City of Cypress No. 88-1, the
territory as shown on the map attached hereto as Attachment "A",
incorporated herein by reference, will become a part of the City
of Cypress; and,
WHEREAS, said report of the City Engineer included the
addition of the territory covered by Annexation to the City of
Cypress No. 88-1; and,
WHEREAS, said City Council did also, on said 14th day of
November, 1988, in its Resolution No. 3469, fix and designate
Monday, the 12th day of December, 1988, 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 14th day of November, 1988, 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
herby 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.
Section 2. That said City Council does find, following a
duty noticed public protest hearing, that an insufficient protest
has been made to the detachment and withdrawal of that territory
described in Attachment "A" from the Orange County Street
Lighting Assessment District and annexation of same to the
Cypress Street Lighting Assessment District No. 2.
Section 3. That the City Council so finding, does hereby
order the detachment and withdrawal of said territory as
described in Attachment "A" from the Orange County Street
Lighting Assessment District and annexation of the same to the
Cypress Street Lighting Assessment District No. 2.
Section 4. 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. 3468 shall be, and the same is hereby fixed and established
as, the one ( 1 ) year period commencing on the 1st day of January,
1989, and ending on the 1st day of January, 1990, 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 in Intention No. 3468.
Section 5. 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 6. 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, and the Orange County Local Agency
Formation Commission, and the Clerk of the Orange County Board of
Supervisors.
PASSED AND ADOPTED by the City Council of the City of
Cypress at a regular meeting held on the 12th day of December,
1988.
WilA.044.,_ 1101
MAYOR OF THE CITY OF CYPRESS
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ATTEST:
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CITY CLERK F THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
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 12th day
of December, 1988, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS : Age, Arnold, Kanel, Kerry and Davis
NOES: 0 COUNCIL MEMBERS : None
ABSENT: 0 COUNCIL MEMBERS : None
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CITY CLERK OF THE CITY OF CYPRESS
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275
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ORANGE COUNTY SURVEYOR'S OFFICE ✓`�� NO.72-1 ( I I
THIS DOCUMENT WAS PREPARED BY `'� ` -- I /
ME jet ER�MY RE �Z \ f
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PAUL A. CUOMO, LS. 4136 SCHIPPER ANNEX.NO.5
MY UCENSE cXPIRES 6-30-88 I I
DATE .2 6/B8
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THIS PPOPOSAL 00E3 MEET THE
APPROVAL OF THE ORANGE COUNTY
SURVEYOR'S OFFICE. •
C.R. N;S�, co.? SURVEYOR
BY 0 TY COUNTY SURD TOR ENVIRONMENTAL MANAGEMENT AGENCY •
PUBLIC WORKS — SURVEYOR DIVISION
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