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Resolution No. 5878284 RESOLUTION NO. 5878 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, ORDERING THE RENEWAL OF THE CYPRESS CORPORATE CENTER LANDSCAPE MAINTENANCE DISTRICT NO. 1 FOR FISCAL YEAR 2005 -06, PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972, AND CONFIRMING THE DIAGRAM AND ASSESSMENT THEREOF. WHEREAS, the City Council has, by its Resolution No. 5876, declared its intention to order the construction and maintenance of a certain landscaped berm in connection with the development of the Cypress Business Park, and to modify Cypress Corporate Center Landscape Maintenance District No. 1 under the provisions of the Landscaping and Lighting Act of 1972, i.e., Part 2 of Division 15 of the California Streets and Highways Code (herein "the Act "); and WHEREAS, by Resolution No. 5875, the City Council has approved a report prepared by the City Engineer under and pursuant to the Act and, in particular, Sections 22565 et seq. of the California Streets and Highways Code (herein the "Report "); and said Report has been filed with the City Clerk of the City (herein "the City Clerk ") and has been available for review by the property owners within Cypress Corporate Center Landscape Maintenance District No. 1; and WHEREAS, in Resolution No. 5876, the City Council fixed July 11, 2005, at the hour of 7:00 p.m. in the City Council Chamber located at City Hall, 5275 Orange Avenue, in the City of Cypress, California, as the time and place for hearing protests and objections to the improvements proposed to be renewed for Fiscal Year 2005 -06, and /or to the proposed assessment; and WHEREAS, the City Clerk has given the notices of the passage of the Resolution of Intention, Resolution No. 5876, the filing of the Report, and of the time and place and purpose of said hearing, substantially as required by Sections 22626 et seq. of the California Streets and Highways Code; and WHEREAS, the City Clerk has filed with the City Council an affidavit setting forth the time and manner of the compliance with the requirements of the Act for publishing and mailing of said notices; and WHEREAS, at the time and place stated in said notices, a hearing was duly held by the City Council; during the course of said hearing, the Report was duly presented and considered; all written protests and objections received, if any, were duly presented, read, heard and considered; all persons appearing at said hearing and desiring to be heard in the matter of said Report were heard; a full, fair and complete hearing has been had; and the City Council is fully informed in the premises; and WHEREAS, the City Council has examined and considered the assessment proposed in said Report and the proceedings prior thereto, and the evidence presented at said hearing. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY DOES FIND, DETERMINE, RESOLVE AND ORDER AS FOLLOWS: SECTION 1. The hearing referred to in the recitals hereof has been duly held, and each and every step in the proceedings prior to and including the hearing has been duly and regularly taken. The City Council is satisfied with the correctness of the Report, including the assessment and diagram, the proceedings and all matters relating thereto; and any and all protests, objections or appeals are hereby overruled and denied. The City Council orders the renewal of Cypress Corporate Center Landscape Maintenance District No. 1 for Fiscal Year 2005 -06, as described in Resolution No. 5876, and confirms the proceedings and said assessment. SECTION 2. The City Council orders the proposed improvements to be made in accordance with said Report and these proceedings. SECTION 3. The City Council determines that the amount of the assessment shown in said Report, i.e., $61,698 should be confirmed; and said assessment is confirmed and fixed in the amount of $61,698. SECTION 4. The City Council determines that the amounts to be assessed against the individual parcels shown on the assessment diagram contained in said Report are hereby approved and confirmed; and said City Clerk is directed to endorse the fact and date of such approval on said Report. SECTION 5. The City Clerk is directed to file said diagram and assessment with the County Auditor as required by Section 22641 of the California Streets and Highways Code. PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 11th day of July, 2005. MAYOR OF THE CITY OF CYPRESS ATTEST: CI CLERK OF THE CITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS I, JILL R. GUERTIN, 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 11th day of July, 2005, by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Luebben, McCoy, Seymore and McGiII NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Sondhi CLERK F THE CITY OF CYPRESS 285