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HomeMy WebLinkAbout2004-07-13; City Council; Resolution 2004-2361 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. 2004-236 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 REQUIRE THE FORMATION OF AN UNDERGROUND UTILITY DISTRICT ON A PORTION OF ROOSEVELT STREET BETWEEN CARLSBAD VILLAGE DRIVE AND MAGNOLIA AVENUE, PROJECT NO. 3895. WHEREAS, Chapter 11.08 of the Carlsbad Municipal Code provides for the formation in he City of Carlsbad of underground utility districts to accomplish the orderly removal of existing Iverhead facilities and the construction of new underground facilities; and WHEREAS, the City has consulted with the affected utilities and has conducted rehinary studies and made investigations concerning the feasibility of such a district in an area jenerally on Roosevelt Street from 200 feet south of Carlsbad Village Drive to Magnolia Avenue; and WHEREAS, said studies and investigations indicate that further proceedings pursuant to :hapter 11.08 are warranted to determine whether or not the district should be established. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, >alifomia, as follows: 1. That the above recitations are true and correct. The Council hereby expresses its ntent to initiate proceedings for the formation of an underground utility district for the above- jescribed area to be knows as Underground Utility District No. 17, Project No. 3895. 2. NOTICE IS HEREBY GIVEN that a public hearing will be held by the City Council )f the City of Carlsbad on August 10, 2004 at the hour of 6:OO p.m. in the City Council Chambers, at 1200 Carlsbad Village Drive, Carlsbad, California, to ascertain whether the public health, ;afety, or welfare require the removal of poles, overhead wires, and associated overhead itructures, and the underground installation of wires and facilities for supplying electric, :ommunication, or similar associated service in the area hereinabove described and to determine vhether or not the City should continue proceedings to create and implement an underground itility district to accomplish said removal and installation. I/ I/ 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 *t 2 26 27 28 3. The full reimbursement shall be deducted from 20A conversion funds and utilized as service conversion to residences and businesses for furnishing all labor, materials, equipment and incidentals to construct underground utility service trench to private residences and businesses within the project limits that are to remain intact. No expense shall be incurred by the property owner unless an increase in panel size is requested by them. 4. 5. The City Council hereby waives permit fees associated with property conversions. At said hearing, all persons interested are invited to appear and present their views and all such persons shall be given an opportunity to be heard. Said hearing may be continued from time to time as may be determined by the City Council. 6. The Area to be included within the proposed District No. 17 is shown upon that certain map, entitled “Underground utility District No. 17, Project No. 3895 which is on file in the Office of the City Engineer of the City of Carlsbad, and which is incorporated by reference herein. 7. The City Clerk shall give notice of the time and place of the hearing to all property owners within the District as shown on the last equalized assessment rolls or as known to the City Clerk and to each public utility within the District by mailing a copy of this resolution to such 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 Council held on the 13th day Of July , 2004 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Hall & Packard. ATTEST n (SEAL)