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Resolution Number 99-11-16-3021 RESOLUTION NO. 99-11-16-3 UNDERGROUND UTILITY DISTRICT 99-1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE ESTABLISHMENT OF UNDERGROUND UTILITY DISTRICT NO. 99-1 (EL CAMINO REAL NORTH AND SOUTH) WHEREAS, by Resolution No. 99-10-19-1, a Public Hearing was called for November 16, 1999, at 7:00 p.m., in the City Council Chamber in San Juan Capistrano, California, to ascertain whether the public health, safety or welfare requires the removal of poles, overhead wires and associated service within that certain area of the City particularly shown on exhibit maps entitled "Underground Utility District, EI Camino Real North and South" which were attached to said Resolution No. 99-10-19-1 and which are attached hereto as Exhibit A and Exhibit B and by reference made a part hereof; and, WHEREAS, notice of said hearing has been given to all affected owners, as shown on the last equalized assessment roll, and utilities concerned, in the manner and for the time required by law; and, WHEREAS, such hearing was regularly and duly held, and all persons interested have been given the opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby find and determine that the public health, safety and welfare require the removal of poles, overhead wires and associated structures, and the underground installation of wires, cable, conduit and associated facilities for supplying electric, communication or similar or associated service and that pursuant to Chapter 8 of the San Juan Capistrano Municipal Code, the areas shown on the attached exhibit maps are hereby declared an Underground Utility District and area designated as "Underground Utility District NO. 99-1" in the City of San Juan Capistrano. BE IT FURTHER RESOLVED, that the City Council does fix December 1, 2000, as the date on which affected owners within boundaries shown on said exhibit maps will be ready to receive underground service, and does hereby order the removal of all poles, overhead wires and associated structures and the installation of underground wire, cable, conduit and associated facilities for supplying electrical communication or similar or associated service within Underground Utility District No. 99-1 on or before December 1, 2000. BE IT FURTHER RESOLVED, that the City Clerk is hereby instructed to notify all affected utilities and all persons owning real property within Underground Utility District No. 99-1 of the adoption of this Resolution within ten (10) days after the date of such adoption. Said City Clerk shall further notify said property owners that, if they or any person occupying such property desires to continue to receive electric, communication or -1- 022 other similar or associated services, they or such occupant shall, by the date fixed in this Resolution, provide all necessary facility changes on their premises so as to receive such service from the lines for the supplying of utility, or utilities, at a new location, subject to applicable rules, regulations and tariffs of the respective utility, or utilities, on file with the Public Utilities Commission of the State of California as of the date of adoption of this Resolution. Such notifications shall be made by mailing of the date of adoption of this Resolution, together with a copy of said Chapter 8 of the San Juan Capistrano Municipal Code, to affected property owners, such as are shown on the last equalized assessment roll, and to the affected utilities. BE IT FURTHER RESOLVED, that the City Council hereby finds that the Underground Utility District herein created is in the general public interest for the following reasons: 1. Such undergrounding will avoid or eliminate an unusually heavy concentration of overhead distribution facilities; 2. The streets, roads or rights-of-way in the district will be extensively used by the general public and will carry a heavy volume of pedestrian and vehicular traffic; 3. Said streets, roads or rights-of-way adjoin or pass through a civic area. PASSED, APPROVED, AND ADOPTED this November , 1999. ATTEST: CITY CLEOK 16th day of -2- 023 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 99-11-16-3 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 1 frh day of November , 1999, by the following vote: AYES: Council Members Jones, Swerdlin, Campbell and Mayor Greiner NOES: None ABSTAIN: None ABSENT: Council Member Hart (SEAL) CHERYL JWNSION, CITY CLERK -3- 024 EXHIBIT A 31612 ♦ 124-170-11 1 ;0 - ♦ � 1 ♦ N . 124-170-05 1 1 1 m 1 1 1 1 1 1 124-170-08 j SPRING STREET 1 M 31662 1 1 1 y 1 M 1 O z g 124-170-12 1 1 a0 O 1 v 124-170-15 1 f r 124-170-14 i 1 1 1 1 1 1 26891 ORTEGA HIGHWAY ti O 2 LEGEND p UTILITY POLE TO BE REMOVED 0 UTILITY POLE W/ STREET LIGHT ATTACHED TO BE REMOVED ......... DISTRICT BOUNDARY 124-170-14 ASSESSORS PARCEL NUMBER 31732 ADDRESS City of San Juan Capistrano REVISIONS - I UNDERGROUND UTILITY DISTRICT - 99-01 EI Camino Real - North Sheet 1 of 2 DATE. 9/99 1 124-160-19 11 ? 124-160-10 124-160-09 PARK FLOODLIGHTS, o m' �j '2 R TVP FOR IT 1 YORBA ST. D I 1 124-160-11 124-160-18 A I � 1 1. r ti 1 1 1 o 1/ n 124-160-12 / ST.'_�/ - - - - - _-/ � FORSTERI O 1. - 1 1 1 ` 124-160-37 r. 1 1 a V ti I I I I 1 124-160-321 1 / 1 124-160-52 1 1 124-160-51 668-242-13 N O 2 LEGEND UTILITY POLE TO BE REMOVED UTILITY POLE W/ STREET LIGHT ATTACHED TO BE REMOVED O ( UTILITY POLE TO W/FLOODLIGHT TO BE REMOVED DISTRICT BOUNDARY 124-160-51 ASSESSORS PARCEL NUMBER 025 31882 ADDRESS City of San Juan Capistrano REVISIONS UNDERGROUIp UTILITY DISTRICT - 99-01 - -- EI Urnino Real - South — Sheet 2 of 2 DATE: 9/99 1