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HomeMy WebLinkAbout1971-06-15; City Council; Resolution 1866I# 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2c 21 22 22 24 25 2€ .2'i 2E 2: 3c 31 3: RESOLUTION NO. 1866 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD ESTABLISHING UNDERGROUND UTILITY DISTRICT ' NO. 2 BE IT RESOLVED by the Council of the City of Carlsbad as follows: WHEREAS, by Resolution No. 1854 a public hearing was called for June 15, 1971, at the hour of 7:30 P.M,, in the Council Chambers in the City Hall, CarLsbad, California, to asaertain whether the public health, safety, or welfare requires the re- moval of poles, overhead wires and associated 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 described as follows: Elm Avenue from Westerly right of way line of Inter- state 5 to the East boundary of Underground District No. 1 and extending 75 feet on the South side of Elm Avenue and 50 feet on the North side of Elm Avenue; and WHEREAS, notice of such hearing has been given to all af- fected property owners as shown on the last equalized assessment roll and utilities concerned in the manner and for the time re- quired by law; and WHEREAS, such hearing has been duly and regularly held, and all persons interested have been given an opportunity to be heard, NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Carlsbad 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, and that, pursuant to Ordinance No. 7037 of the City of Carlsbad, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1E 17 1€ 12 2c 21 2; 22 24 2E 2c .2: 2t 2! 3( 3: 3, the above-described area is hereby declared an Underground Utility District, and is designated as Underground Utility District No. 2 of the City of Carlsbad. Attached hereto, marked "Exhibit A", and hereby incorporated as a part of this resolution, is a map delineating the boundaries of said Dis- trict; RESOLVED FURTHER, that the following exceptions in said Underground Utility District No. 2 be and they are hereby author- ized: Anchor poles at locations as may be approved by the City Engineer. RESOLVED, FURTHER, that the Council does hereby fix May 15, 1972, as the date on which affected property owners must be ready to receive underground service, and does hereby order the removal of all poles, overhead wires and associated overhead structures, the underground installation of wires and facilities for supplying electric, communication, or similar or associated service within Underground Utility District No. 2, and the reconnection thereof, on or before June 15, 1972; RESOLVED, FURTHER, that the City Clerk is hereby instructed to notify all affected utilities and all persons owning real property within Underground Utility District No. 2 of the adopt- ion of this resolution within ten (10) days after the date of such adoption. erty owners of the necessity that, if they or any person occupy- ing such property desire to continue to receive electric, com- munication or other similar or associated service, they or such occupant shall, by the date fixed in this resolution, provide all necessary facility changes on their premises so as to re- ceive such service from the lines of the supplying utility or utilities at a new location, subject to applicable rules, regulations and tariffs of the respective utility or utilities Said City Clerk shall further notify said prop- -2- 3. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 25 24 25 26 .27 28 29 30 31 32 on Ca file with the Public Utilities Commission of the State of ifornia as of the date of adoption of this resolution. Such notification shall be made by mailing a copy of this resolution, together with a copy of said Ordinance No. 7037, to affected property owners as such are shown on the last equalized assess- ment roll and to the affected utilities; RESOLVED FURTHER, that the Council hereby finds that the Underground Utility District herein created is in the general public interest for the following reasons: (1) The undergrounding to be accomplished will avoid or elimi- nate an unusually heavy concentration of overhead distribution facilities; (2) The streets, roads or rights of way in the District are extensively used by the general public and carry a heavy volume of pedestrian or vehicular traffic; (3) The said streets, roads or rights of way adjoin or pass through a civic area. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council held June 15 , 1971, by the following vote, to wit: AYES : Cmn. Dunne, McComas, Jardine, Castro and Lewis. NOES : None. ABSENT: None. DAVID M. DUNNE ,-Rayor ATTEST : .. _._ , C? MARGAREfE. ADAMS, City Clerk -3-