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Resolution No. 4868241 RESOLUTION NO. 4868 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, PRELIMINARILY ADOPTING, CONFIRMING AND APPROVING THE ENGINEER'S REPORT AND APPOINTING THE TIME AND PLACE FOR HEARING PROTESTS TO IMPROVEMENTS IN PROPOSED CYPRESS BUSINESS AND PROFESSIONAL CENTER ASSESSMENT DISTRICT NO.1 WHEREAS, the City Council of the City of Cypress by Resolution No. 4867 , heretofore adopted by the City Council on October 27, 1997, declared its intention to make the improvements in Cypress Business and Professional Center Assessment District No. 1 (the "Assessment District "), therein described; and WHEREAS, the City Council in and by the resolution referred the proposed improvements to the Engineer of Work (the "Engineer "), and directed the Engineer to make and file with the City Council a report containing the matters specified in Section 10204 of the Streets and Highways Code; and WHEREAS, the Engineer has on this date filed with the Clerk of the City his report in writing containing the matters specified in Section 10204 of Streets and Highways Code, including the following: (a) Plans and specifications of the proposed improvements if the improvements are not already installed; (b) A general description of the property necessary or convenient for the operation of the work and improvements and of the property to be acquired as a part of the improvements; (c) An estimate of the cost of the proposed improvements and acquisitions and incidental expenses in connection therewith; (d) A diagram showing the Assessment District and the boundaries and dimensions of the subdivisions of land within the assessment district as they existed at the time of passage of the resolution, each of which subdivisions has been given a separate number upon the diagram, and showing the relative location of the parcels of land to the work proposed to be done and the improvements to be made; (e) A proposed assessment of the total amount of the cost and expenses of the improvements distributed and allocated upon the several subdivisions of land in the district in proportion to the estimated benefits to be received by such subdivisions, respectively, from the improvements. WHEREAS, the report has been duly presented by the Clerk of the City for consideration and has been fully considered by the City Council; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: 1. The report, including the plans, specifications, general descriptions, estimate of the cost of acquisitions and improvements and incidental expenses in connection therewith, diagram and proposed assessment, are hereby preliminarily adopted, confirmed and approved. 2. Monday, the 8th of December, 1997, at 7:30 p.m., or as soon thereafter as the matter can be heard, at the Council Chambers of the City Council, located at 5275 Orange Avenue, Cypress, California, is hereby fixed as the time and place for a public meeting by the City Council on the question of the formation of the Assessment District. 3. Monday the 12th of January, 1998, at 7:30 p.m., or as soon thereafter as the matter can be heard, at the Council Chambers of the City Council, located at 5275 Orange Avenue, Cypress, California, is hereby fixed as the time and place for hearing protests to the proposed improvements and /or acquisitions. 4. RIGHT TO SUBMIT WRITTEN PROTEST AND /OR BALLOT PURSUANT TO THE PROVISIONS OF THE MUNICIPAL IMPROVEMENT ACT OF 1913, ANY AND ALL PERSONS HAVE THE RIGHT TO FILE A PROTEST AS DESCRIBED BELOW. IN ADDITION, EACH RECORD OWNER OF PROPERTY PROPOSED TO BE ASSESSED 242 HAS THE RIGHT UNDER THE PROVISIONS OF ARTICLE XIIIC OF THE CONSTITUTION OF HE STATE OF CALIFORNIA TO SUBMIT A BALLOT IN FAVOR OF OR IN OPPOSITION TO THE PROPOSED ASSESSMENT. PROTEST PROCEDURE ANY AND ALL PERSONS HAVING ANY OBJECTIONS TO THE PROPOSED WORK, OR ASSESSMENT, OR EXTENT OF THE ASSESSMENT DISTRICT, OR TO THE PROPOSED GRADES, MAY APPEAR AND SHOW CAUSE WHY SAID WORK SHOULD NOT BE DONE OR CARRIED OUT IN ACCORDANCE WITH THE RESOLUTION OF INTENTION AND THE "REPORT" OF THE ENGINEER. PROTESTS MUST BE IN WRITING AND MUST BE DELIVERED TO THE CITY CLERK AT OR BEFORE THE TIME SET FOR THE PUBLIC HEARING. IF A WRITTEN PROTEST IS FILED BY OWNERS OF MORE THAN ONE -HALF OF THE AREA OF LAND TO BE ASSESSED, NO FURTHER PROCEEDINGS SHALL BE TAKEN FOR A PERIOD OF ONE YEAR, UNLESS THE PROTESTS ARE OVERRULED BY AN AFFIRMATIVE VOTE OF 4/5'S OF THE MEMBERS OF THE LEGISLATIVE BODY, FINDING THAT THE PUBLIC HEALTH AND SAFETY REQUIRE THE IMPROVEMENTS. BALLOT PROCEDURE BALLOTS WILL BE MAILED TO THE RECORD OWNER OF EACH PARCEL LOCATED WITHIN THE ASSESSMENT DISTRICT AND SUBJECT TO A PROPOSED ASSESSMENT. EACH SUCH OWNER MAY COMPLETE SUCH BALLOT AND THEREBY INDICATE THEIR SUPPORT OR OPPOSITION TO THE PROPOSED ASSESSMENT. ALL SUCH BALLOTS MUST BE RECEIVED BY THE CITY CLERK AT THE FOLLOWING ADDRESS AT OR BEFORE THE TIME SET FOR THE COMMENCEMENT OF THE SECOND PUBLIC HEARING: CITY CLERK CITY OF CYPRESS 5275 ORANGE AVENUE CYPRESS, CA 90630 A POSTMARK PRIOR TO SUCH DATE AND TIME WILL NOT BE SUFFICIENT IF NOT RECEIVED THEREBY. AT THE PUBLIC HEARING, THE CITY COUNCIL SHALL CAUSE THE BALLOTS TIMELY RECEIVED TO BE TABULATED. IF A MAJORITY PROTEST EXISTS, THE CITY COUNCIL SHALL NOT IMPOSE AN ASSESSMENT WITHIN THE ASSESSMENT DISTRICT. A MAJORITY PROTEST EXISTS IF, UPON THE CONCLUSION OF THE PUBLIC HEARING, BALLOTS SUBMITTED IN OPPOSITION TO THE ASSESSMENTS WITHIN THE ASSESSMENT DISTRICT EXCEED THE BALLOTS SUBMITTED IN FAVOR OF SUCH ASSESSMENTS. IN TABULATING THE BALLOTS, THE BALLOTS SHALL BE WEIGHTED ACCORDING TO THE PROPORTIONAL FINANCIAL OBLIGATION OF THE AFFECTED PROPERTY. 5. The City Clerk is directed to cause notice of the hearing for protests to be mailed in accordance with Section 10301 of the California Streets and Highways Code and Government Code Section 54954.6 6. The Boundary Map for the Assessment District is hereby approved and the Superintendent of Streets and City Clerk are hereby directed to record said map in the records of the Orange County Recorder's Office as required by Streets and Highways Code Section 3113. PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 27th day of October, 1997. om, Cctr(-%/e1--6K MAYOR OF THE CITY OF CYPRESS ATTEST: CITY CLERK OF THE CITY OF CYPRESS STATE OF CALIFORNIA COUNTY OF ORANGE ) SS 243 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 CITY CLERK OF THE CITY OF CYPRESS