HomeMy WebLinkAbout1994-09-06; City Council; Resolution 94-249II e 0 EXHIBIT 2
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RESOLUTION NO. 9 4 - 2 4 9
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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. 15 AND MAKING ORDERS IN REGARD THERETO AND ALSO SWING THE TIME TO BE READY TO CONNECT TO UNDERGROUND ELECTRIC SYSTEM IN UNDERGROUND UTILITY DISTRICT NO. 15
WHEREAS, on August 16, 1994, the City Council of the City of Carlsbad adc
Resolution No. 94-233expressing its intent to initiate proceedings pursuant to Chapter 11
the Carlsbad Municipal Code and calling a public hearing to determine whether or not the I
health, safety, or welfare requires the formation of an underground utility district in a port
Carlsbad; and
WHEREAS, pursuant to Resolution No. 94-249 , a public hearing was hc
September 6, 1994, at the hour of 6:OO p.m., in the Council Chambers in the City Hall, Car
California, to ascertain whether the public health, safety, or welfare requires the removal of
overhead wires, and associated overhead structures and the underground installation oi
and facilities for supplying electric, communication, or similar or associated service with
area of the City described as follows:
All the lots on the east side of Garfield Street and south of Chinquapin
Avenue and all the lots on both sides of Olive Street east of Garfield
Street and west of the North County Transit District railroad tracks
excepting the two lots on the rolls of the State Board of Equalization as
a portion of Parcel 1 , Map 804-37-8B and all public streets fronting said
lots.
WHEREAS, said hearing was also held to determine whether or not the City
continue proceedings to create and implement an underground utility district to accompli!
23 removal and installation; and
24 WHEREAS, notice of said hearing, in the manner and for the time required by la
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WHEREAS, said hearing has been duly and regularly held, and all persons interest€ 27
assessment roll; and 26
given to all affected utility companies and to property owners as shown on the last eq
been given an opportunity to be heard; and
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1 WHEREAS, Section 11.08.030 of City Code requires that property owners be notif
2 the time to be ready to connect to the underground system; and
3 WHEREAS, the time to be ready to connect to the underground systc
4 November 15, 1994; and
5 WHEREAS, the overhead poles are to be removed by the affected utilitit
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March 1, 1995.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Car
8 California, as follows:
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1. That the above recitations are true and correct.
2. That the City Council of the City of Carlsbad, California, hereby finds and detel
that the public health, safety, and welfare require the removal of poles, overhead wire
associated structures, and the underground installation of wires and facilities for sup
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,
16 j/ designated as Underground District No. 15 of the City of Carlsbad.
17 4. That the City Council finds that said District is in the public interest since the
18 adjoin or pass through an area of unusual scenic interest to the general public.
19 5. That the City Council does hereby order said removal and installation withi
20 11 District.
21 6. That the date on which affected property owners must be ready to conr
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underground service is November 15, 1994.
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7. That overhead poles are to be removed by the affected utilities March 1, 19E
8. That the City Clerk is hereby instructed to notify all affected utilities and all p
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owning real property within Underground Utility District No. 15 of the adoption of this res
within ten (10) days after the date of such adoption. Such notification shall be made by
a copy of this resolution, together with a copy of Chapter 11.08 of the Carlsbad Municipa
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to affected property owners as such are shown on the last equalized assessment roll and
affected utilities.
3 9. That a certified copy of this resolution be recorded in the County Recorder’s (
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mailed to each affected property owner and to the City Engineer.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City C 6
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held on the 6th day of SEPTEMBER , 1994 by the following vote, to wit: 7
AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnila
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NOES: None
ABSENT: None
l4 11 ATTEST:
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16 ALETHA L. RAUTENKRANZ, City clerk
17 I! (SEAL)
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