HomeMy WebLinkAbout2001-070 Not AdoptedRESOLUTION NO. 2001-070
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA ESTABLISHING UNDERGROUND UTILITY
DISTRICT No. 36
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:
By Minute Order of the City Council dated September 17, 2001, a public
hearing was called for October 15, 2001 at 6:15 p.m. or as soon thereafter
as the matter may be heard, at the City of Santa Ana Police Community
Center, 60 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. 36 within that certain area of the City
described as follows:
That portion of the area within the Santa Ana City
Limits on Main Street from 220 feet north of Warner
Avenue to 870 feet north of Sunflower Avenue (as
shown on Exhibit 1 hereto).
The Council finds and determines that notice of such hearing 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.
The funds for this undergrounding are available and will be provided by
Southern California Edison from Rule 20A Allocations, and that Pacific
Telephone and Adelphia, the City's cable television franchisee, will be
financing their respective portion of the underground costs from their own
resources.
The Council has been advised and understands that the undergrounding
within this District is currently scheduled to commence on or about
January 2003, and is currently scheduled to be completed by
December 2003.
Resolution No. 2001-070
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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. 36 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 I 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. 36 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 15th day of October, 2001.
Resolution No. 2001-070
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Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Benjamin Kaufman
Chief Assistant City Attorney
AYES:
NOES:
ABSTAIN:
NOT PRESENT:
Councilmembers
Councilmembers
Councilmembers
Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Resolution No. 2001-070 to be the original resolution adopted by the City
Council of the City of Santa Ana on October 15, 2001.
DaM:
Clerk of the Council
City of Santa Aha
Resolution No. 2001-070
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