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94-138 RESOLUTION NO. 94R-138 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CREATING UNDER- GROUND DISTRICT No. 11 (ANAHEIM PLAZA) 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 Ut.ilities, 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, requires 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 owner's 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. 11 (Anaheim Plaza) (District No. 11); 3. The City Council dces hereby fix Auqust 22, 1994, as the date on which affected property owners must be ready to receive underground service, and does hereby order 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 owner's service laterals in accordance with the provisions of Chapter 17.24 of the Anaheim Municipal Code on or before October 31, 1994; 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. 11 is consistent with the Redevelopment Agency's General Plan adopted by the City Council to promote business development and creation of jobs within the City; 6. The City Council hereby find and declares that creation of District No. 11 is consistent with the City's Five Year Electric Underground Conversion Plan adopted by the City Council on November 30, 1993; 7. The City Council hereby finds and declares that the creation of District No. 11 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 Loara and Crescent streets or roads are extensively used by the general public and carries a heavy volume of pedestrian or vehicular traffic to the Anaheim Plaza and will remove obstructions to pedestrian and vehicular visibility within District No. 8. The City Council hereby request that all Utilities with Overhead Facilities within District No. 11 underground their Overhead Facilities, including the property owners' service laterals, in accordance with the provisions of Chapter 17.24 of the Anaheim Municipal Code. 9. The City Clerk is hereby directed to notify all affected utilities and all persons owning real property within District No. 11 as provided in Section 17.24.090 if th@ 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 O~~F A AHEIM CITY CLERK OF THE CITY OF ANAHEIM 7241,1\LMOSES\June 3, 1994 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. 94R-138 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 28th day of June, 1994, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Feldhaus, Simpson, Pickler, Daly NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hunter AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 94R-138 on the 29th day of June, 1994. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the city of Anaheim this 29th day of June, 1994. 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.]s the original of Rb, solutk~n No. 94R-138 was duly passed and adopted by the City Council of the City of Ar~aheim on June 28, 1994." CITY CLERK OF THE CITY OF ANAHEIM SHT I OF I