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HomeMy WebLinkAbout2000-025 - Underground Utility District No. 34101 RESOLUTION NO. 2000-025 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING UNDERGROUND UTILITY DISTRICT No. 34 THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES HEREBY RESOLVE AS FOLLOWS: Section 1: The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. By Minute Order of the City Council dated Mamh 6, 2000, a public hearing was called for March 20, 2000, and at that time continued to April 3, 2000 at 6:00 p.m. or as soon thereafter as the matter may be heard, at the Council Chambers of the City Hall, 22 Civic Center Plaza, Santa Ana, California, to ascertain, pursuant to Chapter 37 of the' Santa Ana Municipal Code, whether the public necessity, health, safety, or welfare required the removal of poles, overhead wires and associated overhead structures, and the underground installation of wires and facilities for supplying electrical power, communication or similar or associated service, for the formation of the Underground Utility District No. 34 within that certain area of the City described as follows That portion of the area within the Santa Ana City Limits bounded northerly by the most southerly of a line 100 feet north of the centerline of Memory Lane and the North City Limits, easterly by the westerly right of way line of Bristol Street and its prolongation, southerly by the most northerly of a line 100 feet south of the centerline of Memory Lane and the northerly boundary of Tract 6114, and westerly by the westerly right of way line of the Santa Ana River. B. The Council finds and determines that notice of such headng has been given to all affected property owners as such are shown on the last equalized assessment roll, and to all utilities concerned, in the manner and within the time required by law. C. The funds for this undergrounding are available and will be provided by Southern California Edison from Rule 20A Allocations, and that Pacific Telephone and the City's cable television franchisee will be financing their respective portion of the underground costs from their own resources. D. The Council has been advised and understands that the undergrounding within this District is scheduled to commence on or about February 1, 2001, and is scheduled to be completed by May 2001. Resolution No. 2000-025 Page 1 of 3 102 E. Such hearing has bean duly and regularly held, any person interested has bean 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. 34 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 the description set forth in Section 1 .A. of this Resolution shall prevail. Section 3. The City's Rule 20A Allocation will be charged for ail 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 pdvate property within the District shall not be responsible for undergrounding utilities on his or her property, but shall give appropdata 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. 34 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. ff 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 shell 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 3rd day of.~)dl, 2000. Resolution No. 2000-025 Page2 of 3 '103 A'Iq'EST: ~/~ Pe~ia E. Healy ~/ Clerk of the Council COUNCILMEMBERS: PulJdo Aye Lutz Aye Bist Ave Christy Ave Franklin Absent McGuigan Aye Moreno Aye APPROVED AS TO FORM: Benjamin Kaufman Chief Assistant City Attorney CERTIFICATE OF ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby certify the attached Resolution No. 2000-025 to be the odginal resolution adopted by the City Council of the City of Santa Ana on .y - .3- ~r2 ~ ~ Date: /~'~-CleT~f the council cit~ of Santa Ana Resolution No. 2000-025 Page 3 of 3 BRISTOL ST