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HomeMy WebLinkAbout1973-12-18; City Council; Resolution 3305I 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 RESOLUTION NO. 3305 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. 4 AND MAKING ORDERS IN REGARD THERETO. WHEREAS, on December 3, 1973, the City Council of the City of Carlsbad adopted Resolution No. 3295 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 health, safety or welfare required the formation of an underground utility district in a portion of Carlsbad; and WHEREAS, pursuant to Resolution No, 3295, a public hearing was held on December 18, 1973 at the hour of 7:30 PM, 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 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: Roosevelt Street from the northerly boundary of Underground Utility District No. 2 to the southerly right of way line of Beech Street as shown on that certain map entitled "Map of Proposed Underground District No. 4" dated December 3,1.1973 on file in the Office of City Clerk and incorporated by reference herein. WHEREAS, said hearing was also held to determine whether or not the City should continue proceedings to create and implement sn underground utility district to accomplish said removal and installation; and WHEREAS, notice of said hearing was given to all affected property owners as shown on the last equalized assessment roll 2nd utilities concerned in the manner and for the time required 3y law; and WHEREAS, said hearing has been duly and regularly held, and 211 persons interested have been given an opportunity to be heard. I 2 2 4 E E 7 € 9 1c 11 12 12 14 15 16 17 18 19 2c 21 22 22 24 25 26 27 28 29 30 31 32 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, as follows: 1. That the above recitations are true and correct. 2. 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. 3. That said area is hereby declared to be an underground utility district, and is designated as Underground Utility District No. 4 of the City of Carlsbad. Attached hereto, as "Exhibit A" and incorporated by reference herein, is a map delineating the boundaries of said District. 4. That the City Council finds that said District is in the public interest for one of the following reasons: A. 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. B. The said streets, roads or rights of way adjoin or pass through a civic area. That the City Clerk is hereby instructed to notify all 5. affected utilities and all persons owning real property within Underground Utility District No. 4 of the adoption of this resolu- tion within ten (10) days after the date of such adoption. Such notification shall be made by mailing a copy of this resolution together with a copy of Chapter 11.08 of the Municipal Code to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities; 6. That the City Council hereby orders said removal and installation within said District. subsequent resolution the time within which such removal and The City Council will fix by -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1E 19 2c 21 22 2: 24 2: 2e 2: 2E 2< 3( 33 3: installation shall be accomplished, and within which affected property owners must be ready to receive underground service. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 18thday of December I 1973, by the following vote, to wit: AYES: Councilmen Dunne, McComas, Lewis, Chase and Frazee NOES: None ABSENT : None Attest: 1 d F MA&, E. ADAMS, Cey Clerk (Seal) -3-