2004-077
RESOLUTION NO. 2004R-1I-
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ANAHEIM
CREATING UNDERGROUND DISTRICT NO. 52
(BROADWAY PHASE II)
WHEREAS, a public hearing was held by the City Council
of the City of Anaheim on May 11, 2004, 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 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. 52 (BROADWAY PHASE II) (District No.
52) .
3. The City Council does hereby fix September 30, 2005 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
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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 December 30, 2005.
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. 52 is consistent with the City's Five
Year Electric Underground Conversion Plan adopted by the City
Council on June 17, 2003.
6. The City Council hereby finds and declares that
creation of District No. 52 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. 52.
7. The City Council hereby requests that all Utilities
with Overhead Facilities within District No. 52 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. 52 as provided in Section 17.24.090 of the Anaheim
Municipal Code.
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THE FOREGOING RESOLUTION is approved
City Council of the City of Anaheim this 11th
Nay
2004.
and adopted by the
day of
~~
, CITY CLERK'
45172.8\1~oses\February 27, 2004
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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. 2004-77 was introduced and adopted at a regular meeting provided by law, of the
Anaheim City Council held on the 11 th day of May 2004, by the following vote of the members thereof:
AYES:
MAYOR/COUNCIL MEMBERS:
Pringle, Hernandez, McCracken, Tait, Chavez
NOES:
MAYOR/COUNCIL MEMBERS:
None
ABSTAINED: MAYOR/COUNCIL MEMBERS: None
ABSENT:
MAYOR/COUNCIL MEMBERS:
None
TEMP.
ABSENT:
MAYOR/COUNCIL MEMBERS:
None
(SEAL)
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