HomeMy WebLinkAbout1991-09-03; City Council; Resolution 91-291LC
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RESOLUTION NO. 91-291
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DECLARING AND DESIGNATING A
CERTAIN PART OF SAID CITY AS UNDERGROUND UTILITY
DISTRICT NO. 13 AND MAKING ORDERS IN REGARD THERETO
WHEREAS, on August 6, 1991, the City Council of the City of Ci
adopted Resolution No. 91-247 expressing its intent to initiate prou
pursuant to Chapter 11.08 of the Carlsbad Municipal Code and calling a
hearing to determine whether or not the public health, safety or welfare rt
the formation of an underground utility district in a portion of Carlsbi
WHEREAS, pursuant to Resolution No. 91-247, a public hearing was I
September 3, 1991, at the hour of 6:OO p.m., in the Council Chambers in tt
Hall, Carlsbad, California, to ascertain whether the public health, saf
welfare requires the removal of poles, overhead wires and associated ot
structures and the underground installation of wires and facilities for sup
electric, communication or similar or associated service, within that c
area of the City described as follows:
Tamarack Avenue from Carlsbad Boulevard to Interstate 5 a5
shown on that certain map entitled "Underground Utility
District No. 13" dated July 18, 1991, on file in the Office of
the City Clerk and incorporated by reference herein. !
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WHEREAS, said hearing was also held to determine whether or not th
should continue proceedings to create and implement an underground u
district to accomplish said removal and installation; and
WHEREAS, notice of said hearing, in the manner and for the time re
by law, was given to all affected utility companies and to property own
shown on the last equalized assessment roll; and
WHEREAS, said hearing has been duly and regularly held, and all p
interested have been given an opportunity to be heard.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Car
as follows:
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1. That the above recitations are true and correct.
2. That the City Council of the City of Carlsbad, California, h
finds and determines that the public health, safety and welfare requir
removal of poles, overhead wires and associated structures, and the underg
installation of wires and facilities for supplying electric, communicati
similar or associated service in the above-described area.
3. That said area is hereby declared to be an underground ut
district, and is designated as Underground Utility District No. 13 of thc
of Carlsbad.
4. That the City Council finds that said District is in the 1
interest for one of the following reasons:
A. It will eliminate an unusually heavy concentration of ovl
electric facilities.
B. The streets in the District are extensively used k
general public and carry a heavy volume of pedestri
vehicul ar traffic.
C. The streets adjoin or pass through a civic or
recreation area or an area of unusual scenic interest
I general pub1 i c.
5. That the City Clerk is hereby instructed to notify all ai
utilities and all persons owning real property within Underground I
District No. 13 of the adoption of this resolution within ten (10) days af.
date of such adoption. Such notification shall be made by mailing a copy 1
resolution together with a copy of Chapter 11.08 of the Carlsbad Municip,
to affected property owners as such are shown on the last equalized assc
roll and to the affected utilities;
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6. That the City Council does hereby order said removal and insta
within said District. The City Council will fix by subsequent resolut
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time within which such removal and installation shall be accomplished, and
which affected property owners must be ready to receive underground sen
PASSED, APPROVED AND ADOPTED at a regular meeting of the Ci
City Council held on the 3rd day of September , 1991, by the followin!
to wit:
AYES: Council Members Lewis, Kulchin, Larson, Stanton and N
NOES: None
ABSENT: None
ATTEST:
AL% Ri%i*hk
(SEAL)