Loading...
Resolution No. 4895349 RESOLUTION NO. 4895 FIRST AMENDED 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; and WHEREAS, the City Council adopted its Resolution No. 4867 entitled: "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" on October 27, 1997 (the "ROI "); and WHEREAS, the City Council now desires to amend and restate the ROI, which modifications shall relate back to the initial date of enactment of the ROI. 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 govem for all details as to the extent of said assessment district. 350 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. 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. - 2 - 351 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. SECTION 16. The City Council further declares that it is its intention to enter into agreements with Southern California Edison Company, Media One, Inc., Pacific Bell, Southern California Water Company, and Southern California Gas Company, pursuant to Section 5869.9 of the Streets and Highways Code, regarding the construction and installation of the Improvements, the cost of which shall be assessed upon the real property benefiting therefrom and title to which shall vest, upon completion, in said public utilities. PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 12th day of January, 1998. ATTEST: CITY CLERK OF THE CITY OF CYPRESS STATE OF CALIFORNIA COUNTY OF ORANGE ) SS MAYQR OF TI CITY OF CYPRESS 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 12th day of January, 1998, by the following roll call vote: AYES: 5 COUNCILMEMBERS: Bowman, Carroll, Keenan, Piercy and NOES: 0 COUNCILMEMBERS : None Jones ABSENT: 0 COUNCILMEMBERS : None OfeN CITY CLERK OF THE CITY OF CYPRESS