2005-239RESOLUTION N0.2005- 239
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ANAHEIM
CREATING UNDERGROUND DISTRICT N0, 53
(LA PALMABROOKHURST}
WHEREAS, a public hearing was held by the City Council of the City of
Anaheim on December 20,2005, 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. 53 (La PalmalBrookhurstKDistrict No. 53).
3. The City Council does hereby fix June 18, 2007 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
January 31, 2008.
4. The City Council hereby determines that this Resolution shall apply to the
Overhead Facilities of Utilities, including the property owners' service latera1s,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 publicright-of way.
5, The City Council hereby finds and declares that creation of District No. 53 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. 53 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 carves 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. 53.
7. The City Council hereby requests that all Utilities with Overhead Facilities within
District No. 53 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. 53 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 20t]~ay of December , 2005, by the following roll call vote:
AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Chavez
NOES: None
ABSENT; None
ABSTAIN: None
CITY O AHEIM
By
MAYOR OF THE C OF ANAHEIM
ATTES
C CLE OF TH CITY OF ANAHEIM
59466.111moses\October 4, 2005