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Ordinance No. 94960 ORDINANCE NO. 949 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, ADDING CHAPTER 27A TO THE CODE OF ORDINANCES PROVIDING SUPPLEMENTAL, ADDITIONAL AND ALTERNATIVE PROVISIONS TO THE STREET LIGHTING ACT OF 1919 AND DECLARING A PUBLIC PURPOSE THEREFORE WHEREAS, the City of Cypress (the "City ") is a municipal corporation and Charter City duly organized and existing under a freeholders' charter pursuant to which the City has the right and power to make and enforce all laws and regulations in respect to municipal affairs and certain other matters in accordance with and as more particularly provided in Sections 3, 5 and 7 of Article XI of the Constitution of the State of California and Section 200 of the Charter of the City (the "Charter "); and WHEREAS, the City Council of the City, acting under and pursuant to the powers reserved to the City under Sections 3, 5 and 7 of Article XI of the Constitution of the State of California and Section 200 of the Charter, finds that the public interest and necessity require the establishment by this Ordinance of provisions allowing lighting assessments to be used not only for those purposes currently established by general law, but also for acquisition of lighting facilities, including but not limited to ornamental standards, luminaries, poles, supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, braces, transformers, insulators, contacts, switches, capacitors, meters, communication circuits, appliances, attachments, and appurtenances, and payment of costs and incidental expenses incurred during the acquisition process and for maintenance and operation of traffic signals, including the installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or serving thereof; and WHEREAS, the City Council determines that it is within the best interests of the City and beneficial to the health, safety, and welfare of the City to provide supplemental, alternative and additional provisions to the Lighting Maintenance District provisions under the 1919 Act and that such is a municipal affair. THE CITY COUNCIL OF THE CITY OF CYPRESS DOES HEREBY ORDAIN AS FOLLOWS: Section 1. That Chapter 27A is hereby added to the Code of the City of Cypress, California, to read as follows: "CHAPTER 27A: MAINTENANCE DISTRICT ASSESSMENTS Article I. Acquisition and Maintenance of Lighting Facilities. Section 27A -1: Supplemental Authority. This Article shall be deemed to provide a supplemental, additional and alternative method for doing those things authorized hereby and shall be regarded as supplemental and additional to those powers conferred by the Street Lighting Act of 1919, Section 18000 et seq. of the Streets and Highways Code of the State of California. Except as expressly set forth herein all other matters relating to lighting assessment districts shall be governed by the Street Lighting Act of 1919, as set forth more specifically in the Streets and Highways Code, as amended, and as modified herein. Section 27A -2: Improvement. Notwithstanding anything to the contrary in Section 18007 or elsewhere in the Street Lighting Act of 1919, "Improvement" shall include: (a) The installation of traffic signals and appurtenances. (b) The installation of park and sport field lighting and appurtenances. (c) The installation of public facility lighting and appurtenances. (d) The maintenance or servicing, or both, of any of the foregoing. Section 27A -3: Traffic Signals. As used in Section 27A -2, traffic signals are electrically powered traffic control devices which alternately direct vehicular and /or pedestrian traffic to stop and proceed at highway and street intersections, and midblock pedestrian crossings. Section 27A -4: Park and Sport Field Lighting. As used in Section 27A -2, park and sport field lighting and electrically powered lights used for ornamental, safety, special event, parking, and athletic court and field purposes at city owned or leased parks and sport fields. Section 27A -5: Public Facility Lighting. As used in Section 27A -2, public facility lighting are electrically powered lights used for ornamental, safety, special event, building, and parking at city owned or leased facilities. FIRST READ at a regular meeting of the City Council of the City of Cypress held on the 11th day of March , 1996, and finally adopted and ordered posted at a regular meeting held on the 25th day of March 1996. ATTEST: CITY CLERK OF THE CITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS MAYOR OF T CITY OF CYPRESS I, LILLIAN M. HAINA, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Ordinance was duly adopted at a regular meeting of the said City Council held on the 25th day of March , 1996, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Age, Carrol 1 , Jones, Kerry and NOES: 0 COUNCIL MEMBERS: None Bowman ABSENT: 0 COUNCIL MEMBERS: None Oh CITY CLERK OF THE CITY OF CYPRESS