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95-075 RESOLUTION NO. 95R- 75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CREATING UNDER- GROUND DISTRICT NO. 16 (VERMONT AVENUE, PHASE I) WHEREAS, a public hearing was held by the City Council of the City of Anaheim on May 16. 1995 at the hour of 6 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 Clerks by mail to all affected property owners as shown on the last equalized assessment roll and 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, to be knows as Underground District No. 16 (Vermont Avenue, Phase I) (District No. 16); 3. The City Council does hereby fix February 1. 1996, 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 Sections 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 May 30, 1996; 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, communication lines, telephone lines and associated facilities, telegraph, cable television, installation of street lights, 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. 16 is consistent with the City's Five Year Electric Underground Conversion Plan adopted by the City Council on April 4, 1995; 6. The City Council hereby finds and declares that creation of District No. 16 will avoid or eliminate heavy concentration of overhead distribution facilities; that such undergrounding will avoid or eliminate heavy concentration of overhead distribution facilities up to 12kV; and that said street or road or right-of-way is extensively used by the general public and carries a heavy volume of pedestrian or vehicular traffic; and will remove obstructions to pedestrian and vehicular visibility within District No. 16; 7. The City Council hereby request that all Utilities with Overhead Facilities within District No. 16 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 Clerk is hereby directed to notify all affected utilities and all persons owning real property within District No. 16 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 16th day of May, 1995. MAYOR OF THE CITY OF ANAHEIM CITY CLERK OF THE CITY OF ANAHEIM 110~1,1\LHOSES\Harch 23, 1995 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 95R-75 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 16th day of May, 1995, by the following vote of the members thereof: AYES: MAYOR/COUNCIL: Tait, Lopez, Zemel, Feldhaus, Daly NOES: MAYOR/COUNCIL: None ABSENT: MAYOR/COUNCiL: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 95R-75 on the 16th day of May, 1995. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 16th day of May, 1995. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 95R-75 was duly passed and adopted by the City Council of the City of Anaheim on May 16th, 1995. CITY CLERK OF THE CITY OF ANAHEIM UNDERGROUND DISTRICT NO. 16sx~.i~ "^" VERMONT AVENUE PHASE I $HT 1 OF 1