HomeMy WebLinkAbout1974-08-20; City Council; Resolution 34901
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RESOLUTION NO. 3490
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.
5 AND MAKING ORDERS IN REGARD THERETO.
WHEREAS, on July 16, 1974, the City Council of the City
of Carlsbad adopted Resolution No. 3462 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. 3462, a public hearing
was held on August 20, 1974 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 facilit,e
for supplying electric, communication or similar or associated
service, within that certain area of the City described as follows
(see Exhibit "A" )
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 was given to all affected
property owners as shown on the last equalized assessment roll
and utilities concerned in the manner and for the time required
by law; and
WHEREAS, said hearing has been duly and regularly held, and
all persons interested have been given an opportunity to be heard.
NOW, THEREFOXE, BE IT RESOLVED by the City Council of the
City of Carlsbad, as follows:
1. That the above recitations are true and correct.
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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 servici
in the above described area.
3. That said area is hereby declared to be an underground
utility district, and is designated as Underground Utility Distri
No. 5 of the City of Carlsbad. Attached hereto, as "Exhibit BO',
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 an area of unusual scenic inkerest to
the general public.
5. That the City Clerk is hereby instructe6 to notify all
affected utilities and all persons owning real property within
Underground Utility District No. 5 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. The City Council will fix by
subsequent resolution the time within which such removal and
installation shall be accomplished, and within which affected
property owners rnus-t be ready to receive underground service.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad City Council held on the 20th day of August
1974, by the following vote, to wit:
I
AYES : Cmn. Frazee, McComas, Lewis, Chase and Skotnicki.
NOES : None.
ABSENT: None.
ROBERT C. FRAZEE, May& “r,
ATTEST:
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