Resolution No. 4867238
RESOLUTION NO. 4867
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CYPRESS DECLARING ITS INTENTION TO
ORDER THE CONSTRUCTION OF CERTAIN
IMPROVEMENTS AND TO FORM CYPRESS BUSINESS
AND PROFESSIONAL CENTER ASSESSMENT
DISTRICT NO. 1
WHEREAS, in accordance with the provisions of Section 2804 of the California
Streets and Highways Code, the owners of more than 60 percent in area of the property subject
to assessment for the proposed construction of certain improvements hereinafter described (the
"Improvements ") have signed and filed with the City Clerk a written petition for the
construction in proceedings to be taken by the City Council of the City of Cypress (herein
referred to as the "City ") pursuant to the provisions of the Municipal Improvement Act of
1913, being Division 12 of the Streets and Highways Code of the State of California (herein
referred to as the "1913 Act ") and for the issuance of bonds in the proceedings under the
Improvement Bonds Act of 1915 (the "1915 Act ") (collectively the "Acts ") and by the petition
waived all proceedings required by the provisions of Division 4 of said Streets and Highways
Code (being the Special Assessment Investigation, Limitation, and Majority Protest Act of
1931, Streets and Highways Code Sections 2800 - 3012); and
WHEREAS, it appears to the City Council that an assessment district should be
formed to finance the installation of said improvements under the provisions of the Acts; and
WHEREAS, the proposed territory and boundaries of such assessment district are
shown on a map, which map is designated "Boundary Map for Cypress Business and
Professional Center Assessment District City of Cypress" (herein referred to as the "Map "),
has been presented to the City Council for approval and is on file in the office of the City
Clerk; and
WHEREAS, GFB- Friedrich & Associates, Inc., the Engineer of Work (the "Engineer
of Work "), is competent to make and has filed with the City Clerk the report with regard to the
Improvements, which report is required by the Acts to be made and filed; and
WHEREAS, before ordering the Improvements, the City Council is required, under
the Acts, to adopt a resolution declaring its intention to do so.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS
DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. This City Council hereby finds and declares that the public
interest and necessity require the construction of the Improvements, as hereinafter described
and this City Council hereby declares its intention to order the Improvements and to form an
assessment district covering the real property benefited by said Improvements.
SECTION 2. The proposed assessment district shall be designated "Cypress
Business and Professional Center Assessment District No. 1."
SECTION 3. The Map, which indicates by a boundary line the extent of the
territory included in said proposed assessment district, is hereby declared to describe the
proposed boundaries of "Cypress Business and Professional Center Assessment District
No.1, "and shall govern for all details as to the extent of said assessment district.
SECTION 4. The Clerk of the City is hereby directed to endorse her
certificate on the original of the Map evidencing the date and adoption of this resolution and to
file said Map in her office, and to file a copy of said Map so endorsed with the County
Recorder of Orange County, California within fifteen (15) days after the adoption of the
resolution fixing the time and place of hearing on the formation and extent of the assessment
district.
SECTION 5. The Improvements which the City Council intends to order are
the construction of certain underground utility system improvements, appurtenances, right -of-
way improvements, and all appurtenant work in connection therewith in certain streets and
other public easements as provided in the Engineer's Report.
SECTION 6. Pursuant to Section 4 of Article XIIID of the Constitution of the
State of California, parcels within the assessment district that are owned or used by any local
agency, the State of California or the United States shall not be exempt from assessment,
unless it can be demonstrated by clear and convincing evidence that such publicly -owned
parcels in fact receive no special benefit from the Improvements.
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SECTION 7. Notice is hereby given that serial bonds to represent unpaid
assessments, which bear interest at a fixed or variable interest rate of not to exceed twelve
percent per annum or such higher maximum interest rate as may be permitted by law, will be
issued hereunder in the manner provided in Division 10 of the Streets and Highways Code (the
Improvement Bond Act of 1915) and the last installment of such bonds shall mature in not to
exceed 39 years from the second of September next succeeding 12 months from their date.
The alternate procedure for collecting assessments and advance retirement of bonds as set forth
in Part 11.1 of Division 10 of the Streets and Highways Code shall apply herein. Pursuant to
Section 8650.1 of said Code, the City Council may determine to issue said bonds so that other
than an equal annual proportion of the principal amount shall mature each year.
SECTION 8. The City Council further hereby declares that it is its intention
to covenant that, upon default of any assessment payment due (except under circumstances to
be specified in resolution for the bonds), it will cause foreclosure proceedings to be brought
within 150 days of such default, as permitted by Section 8830(b) of the Streets and Highways
Code.
SECTION 9. The City Council further declares that it is its intention to create
a special reserve fund to provide for the purchase of tax delinquent property by the City and
for other advances contemplated to be made by the City under Part 13 of Division 10 of the
Streets and Highways Code, as permitted by Sections 8880 -8886 of the Streets and Highways
Code.
SECTION 10 The City Council hereby finds and determines that if the
assessment proposed herein results in a surplus in the improvement fund to be provided for in
the proceedings hereafter taken pursuant to this resolution, after the Improvements are
constructed, the surplus shall be applied as a credit on the assessment, unless the City Council
hereafter otherwise provides by resolution, all in accordance with the provisions of Section
10427 to 10427.2, inclusive, of the Streets and Highways Code.
SECTION 11 Whenever, in the Municipal Improvement Act of 1913 or in the
Improvement Bond Act of 1915, a notice, resolution, order or other matter relative to said
proceedings for the work, acquisitions and improvements in said assessment district is required
to be published, the City Clerk is hereby ordered to publish such notice, resolution or other
matter in the News Enterprise which is hereby selected by the City Council for that purpose.
SECTION 12 The City Council hereby appoints GFB- Friedrich & Associates,
Inc., as the Engineer of Work, refers the proposed construction and acquisitions to the
Engineer of Work and directs the Engineer to make and file with the City Clerk a report in
writing containing the matters specified in Section 10204 of the Streets and Highways Code.
SECTION 13. Pursuant to Streets and Highways Code Section 8769, this City
Council hereby determines that the City will not obligate itself to advance available funds from
the City Treasury to cure any deficiency which may occur in the Redemption Fund; provided,
however, this determination shall not prevent the City from, in it sole discretion, advancing
funds for such purpose as otherwise provided in the Improvement Bond Act of 1915.
SECTION 14. The City Council further declares that the bonds issued for
Cypress business and Professional Center Assessment District shall be refundable in
accordance with the provisions of the "Refunding Act of 1984 for 1915 Improvement Act
Bonds."
SECTION 15. Pursuant to the provision of the authority granted by the Acts,
the City Council hereby determines and declares that, in its opinion, the public interest will not
be served by allowing any owner of property located within the assessment district to be
awarded any contract to be let under this proceeding and said property owners shall not be
awarded any such contracts.
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 27th day of October, 1997.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
0
CITY CLERK OF THE CITY OF CYPRESS
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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 27th day of October, 1997, by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll
NOES: 0 COUNCILMEMBERS : None
ABSENT: 0 COUNCILMEMBERS : None
(AI . 446_,,,,.:
CITY CLERK OF THE CITY OF CYPRESS