2000-075 - Underground Utility District No. 35

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352 Such hearing has been duly and regularly held, any person interested has been given an opportunity to be heard, and all testimony considered by the Council. SECTION 2: Pursuant to Chapter 37 of the Santa Ana Municipal Code, the above-described area is hereby declared an Underground Utility District and is designated as Underground Utility District No. 35 of the City of Santa Ana. Attached hereto, marked Exhibit 1, and hereby incorporated as a part of this Resolution, is a map generally delineating the boundaries of said District. In case of any discrepancy between said Exhibit 1 and the description set forth above, it is the intent of the Council that Exhibit 1 of this Resolution shall prevail. SECTION 3. The City's Rule 20A Allocation will be charged for all electrical service undergrounding in this District, including laterals to individual structures, and Pacific Telephone and the City's cable television franchisee shall finance their respective portion of the underground cost within the District from their own resources. Notwithstanding any provisions to the contrary in Chapter 37 of the Santa Ana Municipal Code, owners or possessors of private property within the District shall not be responsible for undergrounding utilities on his or her property, but shall give appropriate access to utilities to undertake the undergrounding. SECTION 4. The Clerk of the Council is hereby instructed to notify all affected utilities and all affected property owners within Underground Utility District No. 35 of the adoption of this Resolution within ten (10) days after the date of such adoption. Such notification shall be made by mailing a copy of this Resolution, together with a copy of Chapter 37 of the Santa Ana Municipal Code to all affected property owners as such are shown on the last equalized assessment roll and to the affected utilities. SECTION 5. The City Council of the City of Santa Ana hereby finds and. determines as follows, upon the basis of the evidence presented at said hearing; that the public necessity, health, safety, and welfare require the removal of poles, overhead structures within said area of the city, and the underground installation, of wires and facilities for supplying electric, communication, and similar or associated services, so as to eliminate hazards caused by fallen lines and poles and to improve visibility of pedestrian traffic to vehicle drivers. SECTION 6. If any section, subsection, sentence, clause, phrase or word of this Resolution is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The city council hereby declares that it would have passed and adopted this Resolution, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid. ADOPTED this 20th day of November, 2000. RESOLUTION NO. 2000-075 PAGE 2 OF 4