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HomeMy WebLinkAbout1994-08-16; City Council; Resolution 94-233I' ll 0 0 EXH1B1T 2 \ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 94-233 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, EXPRESSING ITS INTENT TO INITIATE PROCEEDINGS PURSUANT TO CHAPTER 11.08 OF THE CARLSBAD MUNICIPAL CODE AND CALLING A PUBLIC HEARING TO DETERMINE WHETHER THE PUBLIC HEALTH, SAFETY, OR WELFARE REQUIRETHE FORMATION OF AN UNDERGROUND UTILITY DISTRICT ON PORTIONS OF GARFIELD STREET, SOUTH OF CHINQUAPIN AND ALSO ON OLIVE STREET WHEREAS, Chapter 11.08 of the Carlsbad Municipal Code provides for the formr the City of Carlsbad of underground utility districts to accomplish the orderly removal of e overhead facilities and the construction of new underground facilities; and WHEREAS, the City staff has consulted with the affected utilities and has conc preliminary studies and made investigations concerning the feasibility of such a district in 2 generally on Garfield Street south of Chinquapin Avenue and on both sides of Olive Streel most of the block east of Garfield Street. WHEREAS, said studies and investigations indicate that further proceedings pura Chapter 11.08 are warranted to determine whether or not the district should be establist NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cal California, as follows: 1. The Council hereby expresses its intent to initiate proceedings for the forma an underground utility district for the above-described area to be known as Undergrounc District No. 15. 2. NOTICE IS HEREBY GIVEN that a public hearing will be held by the City COL the City of Carlsbad on September 6, 1994, at the hour of 6:OO p.m., in the Council Cha of the City Hall, 1200 Carlsbad Village Drive, Carlsbad, California, to ascertain whether the health, safety, or welfare require the removal of poles, overhead wires, and associated OVI structures, and the underground installation of wires and facilities for supplying e communication or similar associated service in the area hereinabove described and to detc Ill /I w i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 e whether or not the City should continue proceedings to create and implement an under( utility district to accomplish said removal and installation. 3. At said hearing, all persons interested are invited to appear and present theil and all such persons shall be given an opportunity to be heard. Said hearing may be cor from time to time as may be determined by the City Council. 4. The area to be included within the proposed District No. 15 is shown upc certain map, entitled "Underground Utilities District No. 15l dated August 16, 1994 whicl file in the Office of the City Clerk of the City of Carlsbad, and which is incorporated by refc herein. 5. The City Clerk shall give notice of the time and place of the hearing to all pr owners within the District as shown on the last equalized assessment rolls or as known City Clerk and to each public utility within the District by mailing a copy of this resolution tl property owners and such utilities at least fifteen (1 5) days prior to the date thereof. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City C held on the 16th day of AUGUST , 1994 by the following vote, to wit: AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnila NOES: None ABSENT: None ATTEST: ALkTHA L. RAUTENKRANZ, City Clerk 9 (SEAL)