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94-140 RESOLUTION NO. 94R- 140 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CREATING UNDER- GROUND DISTRICT NO. 13 (RO~NEYA DRIVE) WHEREAS, a public hearing was held by the City Council of the City of Anaheim on June 28, 1994 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 Sections 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; 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 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 known as Underground District No. 13 (Romenya Drive) (District No. 13); 3. The City Council does hereby fix Auqust 1, 1995, 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 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 December 29, 1995; 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. 13 is consistent with the city's Five- Year Electric Underground Conversion Plan adopted by the City Council on November 30, 1993; 6. The City Council hereby finds and declares that the creation of District No. 13 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. 13; 7. The City Council hereby request that all Utilities with Overhead Facilities within District No. 13 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. 13 as provided in Section 17.24.090 if the Anaheim Municipal Code; THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 28th day of June, 1994. MAYOR OF THE CITY OF~NA ~M CITY CLERK OF THE CITY OF ANAHEIM UNDERGROUND DISTRICT N0.'13~x~..~ "^" ROMNEYA DRIVE ~ $HT ~ OF ~ UNDERGROUND DISTRICT NO. 13 ROMNEYADRIVE i 4 , '~]'i"~"; $HT'2 OF $ UNDERGROUND DISTRICT NO. 13~xH~.,T "A" ROMNEYA DRIVE $HT $ OF $