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2001-246RESOLUTION NO. 2001R-246 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CREATING UNDERGROUND DISTRICT NO. 43 (LA PALMA AVENUE/WEST STREET) WHEREAS, a public hearing was held by the City Council of the City of Anaheim on September 25, 2001, at the hour of 6:00 P.M., to ascertain whether the public necessity, health, safety or welfare requires the removal of Overhead Facilities of Utilities, as these terms are defined in Section 17.24,010,060 and 17.24.090, respectively, of the Anaheim Municipal Code, and the Underground installation of such Overhead Facilities, including the property owner's service laterals, in accordance with the provisions of Chapter 17.24 of the Anaheim Municipal Code; and WHEREAS, notice of the time and place of such hearing was provided by the City Clerk by mail to all affected property owners as shown on the last equalized assessment roll and to all utility companies concerned at least ten days prior to the date of the hearing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANAHEIM AS FOLLOWS: 1. The City Council hereby finds and determines that the public health, safety and welfare as well as each of the specific public purposes enumerated in Section 17.24.020 of the Anaheim Municipal Code, require the removal of the Overhead facilities of Utilities, as these terms are defined in Section 17.24.010.060 and 17.24.090, respectively, of the Anaheim Municipal Code, and the Underground installation of such Overhead facilities, including the property owners' service laterals, in accordance with the provisions of Chapter 17.24 of the Anaheim Municipal Code. 2. Pursuant to Section 17.24,040 of the Anaheim Municipal Code, the City Council hereby declares the above-described area tO be an underground utility district, as this term is defined in Section 17.24,010,080 of the Anaheim Municipal Code, to be known as Underground District No. 43 (La Palma Avenue/West Street) (District No. 43). 3. The City Council does hereby fix April 18, 2003 as the date on which affected property owners must be ready to receive underground service, and does hereby order the removal of Overhead Facilities of Utilities, as these terms are defined in Section 7.24.010.060 and 17.24.090, respectively, of the Anaheim Municipal Code, and the Underground installation of such Overhead Facilities, including the property owners' service laterals, in accordance with provisions of Chapter 17.24 of the Anaheim Municipal Code, on or before July 18, 2003. 4. The City Council hereby determines that this Resolution shall apply to the Overhead Facilities of Utilities, including the property owners' service laterals, 12,000 volt circuits and associated facilities, street light circuits, communications lines, telecommunications facilities, telephone lines and associated facilities, telegraph, cable television, and the installation of substructures, conduits, and cable lines in the public right-of-way. 5. The City Council hereby finds and declares that creation of District No. 43 is consistent with the City's Five Year Electric Underground Conversion Plan adopted by the City Council on April 17, 2001. 6. The City Council hereby finds and declares that creation of District No. 43 will eliminate an unusually heavy concentration of overhead electric facilities, that said street or road right-of-way is extensively used by the general public and carries a heavy volume of pedestrian or vehicular traffic, and will remove obstructions and will improve safety by removing obstructions to pedestrian and vehicular visibility within District No. 43. 7. The City Council hereby requests that all Utilities with Overhead Facilities within District No. 43 underground their Overhead Facilities, including the property owners' service laterals, in accordance with the provisions of Chapter 17.24 of the Anaheim Municipal Code. 8. The City Council hereby requests that all Utilities provide, at no cost to the property owner, up to 100 feet of underground service lateral and re-connections to the customer's premises. 9. The City Clerk is hereby directed to notify all affected utilities and all persons owning real property within District No. 43 as provided in Section 17.24.090 of the Anaheim Municipal Code. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 25th day of September, MAYOR ~ ~CI~~TCLERK 41086.1\MSLAUGHT\July 13, 2001 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 2001 R-246 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 25th day of September, 2001, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None C~ OF'THE CITY OF ANAHEIM (SEAL)