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Resolution No. 1389RESOLUTION NO. 1389 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, MAKING DETERMINATIONS AND CONFIRMING ASSESS- MENTS IN THE MATTER OF Assessment District No. 7403-20 (Walnut Street - Jonathan Channel) WHEREAS, this City Council has by its Resolution No. 1383 declared its intention to order the construction of a portion of certain storm drain improve- ments, appurtenances and appurtenant work, and to form Assessment District No. 7403-20 under the provisions of the Municipal Improvement Act of 1913, i.e., Division 12 of the California Streets and Highways Code (herein "the Act"); and WHEREAS, all of the o-:mers of more than sixty (60%) percent in area of the property subject to assessment for said proposed construction have signed and filed with the City Clerk a written petition for said construction and a waiver of the proceedings under the Special Assessment Investigation, Limitation and Majority Protest Act of 1931; and WHEREAS, by Resolution No. 1382, this City Council has approved a report prepared by the City Engineer under and pursuant to the Act and, in particular, Sections 10203 and 10204 of the California Streets and Highways Code; and WHEREAS, said report contained, among other things, plans and specifications for the said improvements, an estimate of the cost of said improvements, incidental expenses in connection with said improvements, a diagram showing the assessment district and the boundaries and dimensions of the subdivisions of land within the assessment district, and a proposed assessment of the total amount of the cost and expenses of said improvements upon the several subdivisions of land in the assess- ment district in direct proportion to the estimated benefits to be received by such subdivisions respectively from the said improvements; and WHEREAS, in said Resolution No. 1382 said City Council fixed August 27, 1973, at the hour of 7:30 o'clock P.M. at the meeting place of said City Council, in the City Hall, 5275 Orange Avenue, Cypress, California, as the time and place of hearing protests and objections to the improvements proposed in said report to be made, the extent of the assessment district proposed to be created, and/or to the proposed assessment; and WHEREAS, the Clerk of said City has given the notices of the passage of the Resolution of Intention, Resolution No. 1383, and of the filing of the report, and of the time and place and purpose of said hearing, all as required by Sections 10302, 10303, 10306 and 10307 of the California Streets and Highways Code; and WHEREAS, said City Clerk has filed with this City Council his affidavit setting forth the time and manner of the compliance with the requirements of the Act for publishing, posting and mailing of said notices; and WHEREAS, at the time and place stated in said notices, a hearing was duly held by this City Council at which meeting said report was duly presented and considered, and all written protests and objections received, if any, were duly presented, read, heard and considered, and all persons appearing at said hearing and desiring to be heard in the matter of said report were heard, and a full, fair and complete hearing has been had and this City Council is fully informed in the premises; and WHEREAS, this City Council has examined and considered the assessment proposed in said report and proceedings prior thereto, and the evidence presented at said hearing; an d WHEREAS, all protests and objections, written and oral, made or filed in the matter of said report or said assessment have been overruled and denied; NOW, THEREFORE, the City Council of the City of Cypress HEREBY DOES RESOLVE, DETERMINE AND ORDER as follows: SECTION 1. Said hearing has been duly held and notices thereof duly given as set forth in the recitals hereof, and each and every step in the proceedings prior to and including the hearing has been duly and regularly taken. SECTION 2. All persons at said hearing were given the opportunity to be heard on the extent of the assessment district, the work and the assessments. The assessment district designated "Assessment District No. 7403-20, Walnut Street - Jonathan Channel", with the exterior boundaries as shown on the map showing "Proposed Boundary of Assessment District No. 7403-20, Walnut Street -Jonathan Channel", recorded in the Office of the County Recorder, County of Orange, California, in the Book of Maps of Assessment Districts, Book 13, Page 5, is hereby ordered formed. The final report and assessment diagram prepared by the City Engineer and filed with the City Clerk on August 27, 1973, designated "Assessment District No. 7403-20, Walnut Street - Jonathan Channel Final Report" is hereby approved and confirmed. SECTION 3. All pretests and objections, written and oral, made or filed in the matter of said Final Report and/or the assessments contained therein have been and are hereby overruled and denied. SECTION 4. The amount of the assessments shown in said Final Report, i.e., $24,118.29, should be confirmed, and said amount is hereby confirmed and fixed in the amount of $24,118.29. SECTION 5. The amounts to be assessed against the individual parcels shown on the assessment diagram contained in said Final Report are hereby approved and confirmed, and the City Clerk of the City is hereby directed to endorse the fact and date of such approval on said Final Report. SECTION 6. It is the intention of this City Council to enter into an agreement with the Orange County Flood Control District. Pursuant thereto, the City of Cypress will promise to reimburse said District for the incremental cost and expense incurred by the District in constructing a covered reinforced concrete box storm drain structure in lieu of an open channel. Also, pursuant thereto, said District will promise to advertise for competitive bids, award a contract for, supervise the construction of, and accept the work described herein. The improvements referred to in the aforesaid Final Report shall be ordered to be made after said agreement has been executed. SECTION 7. The City Clerk of this City is hereby directed to file and record the said diagram and assessment as required by Sections 3114 and 10401 of the California Streets and Highways Code, and said Clerk shall record a Notice of Assessment and give notice of the recordation of said assessment as required by Sections 3114 and 10404 of said Code. - 2 - PASSED AND ADOPTED by the City Council of the City of Cypress, at a regular meeting held on the 27th day of August, 1973. ATTEST: MA. YOR ci THE CITY OF CYPRESS CITY LIVEePT.VdCYPRESS STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) 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 27th day of August, 1973, by the following roll call vote: AYES: 5 COUNCILMEN: Frankiewich, Harvey, Kanel, Lacayo and Roberts NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None eidx CITY CLERK OF THE CITY OF CYPRESS 1?