Resolution No. 4897356
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CONFIRMING ASSESSMENT IN CYPRESS BUSINESS AND PROFESSIONAL
CENTER ASSESSMENT DISTRICT NO. 1, ORDERING THE PROPOSED
IMPROVEMENTS TO BE MADE, AND DESIGNATING THE CITY TREASURER TO
COLLECT AND RECEIVE MONEY
WHEREAS, the City Council of the City of Cypress by Resolution No. 4867 heretofore
adopted by the Council on October 27, 1997, as amended on January 12, 1998, by Resolution No.
4895, declared its intention to order the work to be done and the improvements to be made as
described in that resolution in an assessment district to be designated Cypress Business and
Professional Center Assessment District, as shown and designated on that certain map entitled
"Proposed Boundaries, Cypress Business and Professional Center Assessment District, City of
Cypress," on file in the office of the City Clerk;
WHEREAS, the Council in and by that resolution referred the work, acquisitions and
improvements to GFB Friedrich & Associates, as Engineer of Work, and directed it to make and
file with the City Clerk a report in writing; and
WHEREAS, the Engineer or Work duly filed with the City Clerk a report in writing,
including plans and specifications of the proposed improvement, a general description of works,
appliances or property to be acquired, an estimate of the costs of the improvements and of land,
rights of way, easements and incidental expenses in connection with the improvements, a diagram
showing the assessment district and the boundaries and dimensions of the subdivisions of land
within the assessment district as they were expected at the time the resolution was adopted, a
proposed assessment of the total amount of the costs and expenses of the proposed improvements
upon the several subdivisions of land in the assessment district in proportion to the estimated
benefits to be received by such subdivisions from the improvements and a proposed maximum
annual assessment for administration and collection of assessments, all in accordance with Sections
10203 and 10204 of the California Streets and Highways Code; and
WHEREAS, the Council, by Resolution No. 4868 heretofore adopted on October 27, 1997,
preliminarily approved the Engineer's report and fixed Monday, December 8, 1997, at 7:30 p.m.
and Monday, January 12, 1998, at 7:30 p.m. in the chambers of the City Council, City Hall, 5275
Orange Avenue, Cypress, California, as the times and places for a public meeting and for a public
hearing, respectively, for hearing protests or objections to the proposed acquisitions and
improvements, the extent of the assessment district and the proposed assessment, and provided for
notice of the hearing; and
WHEREAS, the City Clerk filed with the Council a declaration setting forth the time and
manner of compliance with the requirements for mailing notices of the passage of Resolution No.
4868 and of the time and place for the aforementioned public meeting and public hearing for
hearing protests or objections to the proposed acquisitions and improvements and the Council
hereby finds that notice of the passage of that resolution and of the time and place for hearing
protests or objections to the proposed acquisitions and improvements have been mailed in the time,
form and manner required by law; and
WHEREAS, the public meeting and public hearing were duly held by the Council at the
times and places for the hearing of all objections to the proposed work and improvements; and
WHEREAS, no written protests and objections were filed with the City Clerk at or before
the time set for said hearing with respect to the improvements, or any protests received were less
than majority protest and overruled; and
WHEREAS, the Council immediately thereupon acquired jurisdiction to order the
proposed improvements to be made.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS DOES
FIND, DETERMINE AND RESOLVE AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct and the Council so finds and
determines.
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SECTION 2. The Council hereby confirms the proposed assessment in the amount of
$2,290,000 and declares that the Modified and Confirmed report of the Engineer including the
plans, specifications, description of acquisitions, estimate of the cost of the improvements,
assessments, boundary map and diagram are hereby finally adopted, accepted, confirmed and
approved.
SECTION 3. The Council hereby orders the work, acquisitions and improvements
described in Resolution No. 4867, as amended, and in the report to be done and made.
SECTION 4. The City Clerk shall transmit to the Superintendent of Streets of the City of
Cypress the diagram and assessment, as amended and modified, and the Superintendent of Streets
is hereby directed to record the diagram and assessment in his office in a substantial book kept for
that purpose and, in addition, the City Clerk is to record forthwith a Notice of Assessment in the
Office of the Recorder, County of Orange, and upon the date of such recordation in the Recorder's
office the assessment shall become a lien upon the lands upon which it is levied, and upon the date
of recordation in the Superintendent of Street's office, the assessment shall become due and
payable, all pursuant to the Municipal Improvement Act of 1913.
SECTION 5. The City Treasurer of the City of Cypress is hereby designated to collect and
receive the money paid pursuant to the assessment during the cash collection period, in the manner
prescribed by law.
SECTION 6. The City Clerk and City Treasurer are hereby directed to give notice of the
improvement by mailing and publishing notice in the manner set forth in Streets and Highways
Code Section 10404 to the owners of the real property within the assessment district assessed
thereby.
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting
held on the 26th day of January, 1998.
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ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
I, LILLIAN M. HAINA, 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
26th day of January, 1998, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Bowman, Carroll, Keenan, Piercy and
NOES: 0 COUNCIL MEMBERS: None .Tones
ABSENT: 0 COUNCIL MEMBERS: None
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