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RES-2013-170RESOLUTION NO. 2013- 170 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CREATING UNDERGROUND DISTRICT NO. 62 (MIRALOMA) WHEREAS, a public hearing was held by the City Council of the City of Anaheim on November 5, 2013, at the hour of 5:30 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 of the Anaheim Municipal Code, and the underground installation of such overhead facilities, including property owners' 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 'o all affected property owners as shown on the last equalized assessment roll and to all affected utility companies at least ten (10) 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 of the Anaheim Municipal Code, within the area depicted in Exhibit A 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. Exhibit A is attached hereto and incorporated herein by reference. 2. Pursuant to Section 17.24.040 of the Anaheim Municipal Code, the City Council hereby declares the area depicted in Exhibit A to be an underground utility district, as this term is defined in Section 17.24.010 of the Anaheim Municipal Code, to be known as Underground District No. 62 (Miraloma). 3. The City Council does hereby fix April 10, 2015 as the date on which affected property owners must be ready to receive underground service in Underground District 62 (Miraloma), and does hereby order the removal of overhead facilities of utilities, as these terms are defined in Section 17.24.010 of the Anaheim Municipal Code, in this district 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 March 25, 2016. The City Council finds that the foregoing removal dates are reasonable given the availability of labor, materials and equipment necessary for such removal and underground installation. 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, 69,000 volt circuits and associated facilities, street light circuits, communications lines, telecommunications facilities, telephone lines and associated facilities, cable television, and the installation of substructures, conduits, and cable lines in the public right -of -way within. Underground District No. 62 (Miraloma). 5. The City Council hereby finds and declares that creation of Underground District No. 62 (Miraloma) is consistent with the City of Anaheim's Five Year Electric Underground Conversion Plan adopted by the City Council on September 24, 2013. 6. The City Council hereby finds and declares that creation of Underground District No. 62 (Miraloma) 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 Underground District No. 62 (Miraloma). 7. The City Council hereby requests that all utilities with overhead facilities within Underground District No. 62 (Miraloma) 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. In connection with the foregoing, 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 their customers' premises. 9. The City Clerk is hereby directed to notify all affected utilities and all persons owning real property within Underground District No. 62 (Miraloma) 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 5th day of November , 2013 by the following roll call vote: AYES: Council Members Eastman, Murray, Brandman and Kring NOES: None ABSENT: None ABSTAIN: Mayor Tait CITY OF ANAHEIM MA OR OF T1qE CITY OF ANAHEIM ATTEST: a d, 6111� CITY CLERK OF "THE CITY OF ANAHEIM 97675 EXHIBIT A ATTACHED BEHIND THIS PAGE UNDERGROUND DISTRICT NO. 62 EXHIBIT A MIRALOMA 21 124 4 WV, '� ti 77( If 4 lab Lu LL l CL J HP UNDERGROUND DISTRICT NO. 62 EXHIBIT "A" MIRALOMA 1 1 i t S "k � pt 1 t t t tt A Ivop .,,.- � ,� � 1.' - °� ° � y .-- i ��. � it } 1 �„�✓� .- � } l ; ..- _ Lu p �� `} i t r"" ✓ i t � tt i , t l 1� 11 li 39 t t c 1 , , } t io �. r w-""� t4 .. 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