HomeMy WebLinkAbout2004-08-10; City Council; Resolution 2004-2701
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EXHIBIT 5
RESOLUTION NO. 2004-270
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. 17, PROJECT NO. 3895 AND MAKING ORDERS
IN REGARD THERETO.
WHEREAS, on July 13, 2004, the City Council of the City of Carlsbad adopted Resolution
No. 2004-236 expressing its intent to initiate proceedings pursuant to Chapter 11.08 of the
Carlsbad Municipal Code and calling a public hearing to determine whether or not the public
iealth, safety or welfare requires the formation of an underground utility district in a portion of
Carlsbad; and provides for the formation in the City of Carlsbad of underground utility districts to
accomplish the orderly removal of existing overhead facilities and the construction of new
underground facilities; and
WHEREAS, pursuant to Resolution No. 2004-236, a public hearing was held on August
10, 2004, at 6:OO p.m., in the Council Chambers in the City Hall, Carlsbad, California, to ascertain
whether the public health, safety or welfare requires the removal of poles, overhead wires and
sssociated overhead structures and the underground installation of wires and facilities for
supplying electric, communication or similar or associated service, within that certain area of the
City describes as follows:
On a portion of Roosevelt Street from 200 feet south of Carlsbad
Village Drive to Magnolia Avenue as shown on that certain map
entitled “Underground Utility District No. 17” dated, on file in the
Office of City Clerk and incorporated by reference herein.; and
WHEREAS, said hearing was also held to determine whether or not the City should
continue proceedings to create and implement an underground utility district to accomplish said
removal and installation; and
WHEREAS, notice of said hearing, in the manner and for the time required by law, was
given to all affected utility companies and to property owners as shown on the last equalized
assessment roll; and
WHEREAS, said hearing has been duly and regularly held, and all persons interested
have been given an opportunity to be heard.
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
1.
2.
That the above recitations are true and correct.
The City Council of the City of Carlsbad, California, hereby finds and determines
that the public health, safety and welfare require the removal of poles, overhead wires and
associated structures, and the underground installation of wires and facilities for supplying
electric, communication or similar or associated service in the above-described area hereby
expresses its intent to initiate proceedings for the formation of an underground utility district for the
above-described area.
3. That said area is hereby declared to be an underground utility district, and is
designated as Underground Utility District No 17, Project 3985 of the City of Carlsbad.
4.
reasons:
That the City Council finds that said District is in the public interest for the following
A. It will eliminate an unusually heavy concentration of overhead electric
facilities.
The streets in the District are extensively used by the general public and
carry a heavy volume of pedestrian or vehicular traffic.
The streets adjoin and pass through a civic or public recreation area or an
area of unusual scenic interest to the general public.
B.
C.
5. The City Clerk is hereby instructed to notify all affected utilities and all persons
owning real property within Underground Utility District no. 17, Project 3895 of the adoption of this
resolution within ten (1 0) days after the date of such adoption. Such notification shall be made my
mailing a copy of this resolution, together with a copy of Chapter 11.08 of the Carlsbad Municipal
Code, to affected property owners as such are shown on the last equalized assessment roll and to
the affected property owners as such are shown on the last equalized assessment roll and to the
affected utilities.
6. That the City Council does hereby order said removal and installation within said
District. The City Council will fix by subsequent resolution the time within which such removal and
installation shall be accomplished.
Ill
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7. 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.
8. The City Council hereby waives permit fees associated with property conversions.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 10th day of Ausust , 2004 by the following vote, to wit:
Council Members Lewis I Finnila, Kulchin I and Packard AYES:
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(SEAL)