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HomeMy WebLinkAbout1978-04-18; City Council; Resolution 5383.a 1 2 3 4 5 6 7 e 9 10 11 1% 12 14 1E 1E 17 1-5 15 2c 27 22 2: 24 2E 2E 27 2E RESOLUTION NO. 5383 A RESCLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DECLARING AND DESIGNATING A CERTAIN PART OF SAID CITY AS UNDERGROUND UTILITY DISTRICT NO. 6 AND MAKING ORDERS IN REGARD THERETO WHEREAS, on March 21, 1978, the City Council of the City of Carlsbad adopted Resolution No. 5347 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 re- quires the formation of an underground utility district in a portion of Carls- bad; and WHEREAS, pursuant to Resolution No. 5347, a public hearing was held on April 18, 1978, at the hour of 7:30 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 associated overhead structures and the underground installation of wires and facilities for sup- plying electric,, communication or similar or associated service, within that certain area of the City described as follows: Grand Avenue from the easterly boundary of Underground Utility District No. 4 to the westerly right-of-way line of Hope Avenue; Madison, Jefferson and Harding Streets from the northerly boundary of Underground Uti I ity Dis- trict INo. 2 to the northerly boundary of the district as shown on that certain map entitled "Map of Proposed Under- ground Utility District No. 6", dated March 17, 1978, on file in the Office of the City Clerk and incorporated by refereqce herein. 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 1 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 WHEREAS, said hearing has been duly and regularly held, and all persons interested have Ibeen given an opportunity to be heard; NOW, THEREFORE, BE IT RESOLVED by the C bad, as follows: I. That t'qe above recitations are true 2. That the Council of the City of Car ty Council of the City of Carls- and correct. sbad hereby finds and determines that the public health, safety and welfare require the removal of poles, over- head 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 trict, and is designated as Underground Utility District No. 6 of the Ci Carlsbad. Attached hereto, as "Exhibit A" and incorporated by reference is a map delinezting the boundaries of said District. dis- 'y of he re n 4. That the City Council finds that said District is in the public in- terest 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 are? 5. That +he City Clerk is hereby instructed to notify all affected utilities and all persons owning real property within Underground Utility Dis- trict No. 6 of -the adoption of this resolution within ten (IO) days after the date of such adoption. this resolution together with a copy of Chapter I I .08 of the Carlsbad 'Municipal Code to affected property owners as such are shown on the last equalized assess- ment rol I and to the affected uti I ities; Such notification shall be made by mailing a copy of 6. That the City Council hereby orders said remova and installation 1 2 5 4 F c r t $ 1( 1: 1; 1 3 1 1 1 1 1 2 2 2 i 2 i i 2 1 L 0 0 tithin said District. time within which such removal and installation shall be accomplished, and Mithin which affected property owners must be ready to receive underground The City Council will fix by subsequent resolution the service. PASSED, AFPROVED AND ADOPTED at a regutar meeting of the City Council of the City of Carlsbad held the 18th day of ADri 1 -7 I 978, by the following vote, to wit: AYES : Councilmen Packard, Skotnicki, Anear and Councilwoman Casler NOES : None ABSENT : None ATTEST : (SEAL)