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RES-2008-176RESOLUTION NO. 2008- 176 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CREATING UNDERGROUND DISTRICT NO. 56 (MAGNOLIA) WHEREAS, a public hearing was held by the City Council of the City of Anaheim on October 14, 2008, 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 17.24.010.060 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 (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 17.24.010.060 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. 56 (Magnolia). 3. The City Council does hereby fix January 15, 2010 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 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 provisions of Chapter 17.24 of the Anaheim Municipal Code, on or before July 31, 2011. 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, 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. 56 is consistent with the City of Anaheim's Five Year Electric Underground Conversion Plan adopted by the City Council on September 16, 2008. 6. The City Council hereby finds and declares that creation of District No. 56 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. 56. 7. The City Council hereby requests that all Utilities with Overhead Facilities within District No. 56 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. 56 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 14th day of October 2008 by the following roll call vote: AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: CITY CLERK OF THE CITY OF ANAHEIM 69672.2/bmorley CITY OF AHEIM MA OF THE CIT OF AHEIM ST AVENUE Q Z U PETER MARSHALL PARK PETER MARSHALL ELEMENTARY SCHOOL ON AVE. AVE AVE. AVE. \DERGRO W a 5 AVENUE 8 u 6 co 2 LL v CRESCENT BAYLOR CR. DISTRICT \O. 56 AG\ OLI A LsJ SEE SHT 2 OF 4 AVENUE GLENHAVEN AVENUE. I GLENOAKS EXHIBIT "A" GREENLEAF AVENUE I i GLENCREST 1- O U 0 U z 0. SHT 1 OF 4 2UCE N RENO PL. AVENUE SELL AVE AVENUE \3ERGRO" DISTRICT \O. 5 6 EXHIBIT "A" VAG \OLIA A ICE [�B LI 1 El H1,11,1.1 ggugg 1 1 1I LINCOLN SEE SHT 1 OF 4 Oc n cEDE L, J 0 AVE 1111 1 11 1111 11 SEE SHT 3 OF 4 1111 1111 1 111 1111 n 1111 1 111 1 111 1 1 1 I --1-1 11n11 1111 1 111 1111 r 1 111 1111 MAX HIGHWAY) Z I 1 I I CHAIN 111 MIN MEM SHT 2 OF 4 LOU ELL J DERGRO ne WES THAVE i N ,11 KEYS L ANE Z VI z w ROWLAND Imo SKYWOOD PLACE DRIVE MATTIE LOU MAXWELL ELEMENTARY SCHOOL AVENUE ORANG W W ROWLAND 1 41014 PLACE t AVENUE WPM IOU WINN BROADWAY \D DISTRICT AG \OLIA SEE SHT 2 OF 4 SEE SHT 4 OF 4 A VENUE \O. 56 ROVEN AVENUE w z EXHIBIT "A" BEACHY SHT 3 OF 4 JNI3ERGRO AVENUE MINN EOLA 1 1 I OME AVENUE WNW IOW AIIIIMIL.1111111,41111 AVENUE 0 z Q RD. f EFFRON w ONLEY Y DRIVE MIN IlL D 0 0 1 LOLA JELLY DME ET DRIVE BALL UMITS� I AVENUE M LANE AG DISTRICT \O. 56 OLI A SEE SHT 3 OF 4 EXHIBIT "A" AV SHT 4 OF 4