Resolution Number 05-07-19-01RESOLUTION NO. 05-07-19-0 1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, CALLING A PUBLIC HEARING TO
DETERMINE WHETHER PUBLIC NECESSITY, HEALTH, SAFETY OR
WELFARE REQUIRES THE FORMATION OF UNDERGROUND UTILITY
DISTRICT 05-01.
WHEREAS, Title 7, Chapter 8, Underground Utility Facilities, of the San Juan
Capistrano Municipal Code, establishes a procedure for the creation of underground
utility districts, and requires as the initial step in such proceeding, the holding of a public
hearing to ascertain whether the public necessity, health, safety or welfare requires the
removal of poles, overhead wires and associated overhead structures within the
designated area of the City and the underground installation of wires and facilities for
supplying electric, communication, or similar associated services in such a district; and,
WHEREAS, it had been recommended that such underground utility district,
hereinafter referred to as Underground Utility District No. 05-01, be formed and that
description of the boundaries of such district is contained in Exhibit A attached hereto
and by reference made a part hereof, and that specific utilities proposed to be relocated
underground are as follows: San Diego Gas & Electric facilities, MCI facilities and Cox
Communications Cable TV facilities.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San
Juan Capistrano as follows:
SECTION 1. A hearing is hereby called and notices will be given that the hearing
will be held by the City Council of the City of San Juan Capistrano on the 16th day of
August, 2005, at the hour of 7:00 p.m., in the City Council Chambers in the City of San
Juan Capistrano, located at 32400 Paseo Adelanto, San Juan Capistrano, California, to
ascertain whether the public necessity, health, safety or welfare requires the removal of
poles, overhead wires and associated overhead structures, and the underground
installation of wires and facilities for supplying electric, communication or similar
associated services in such district hereinabove described.
SECTION 2. At such hearing, all persons interested shall be given an
opportunity to be heard. Said hearing may be continued from time to time as may be
determined the City Council.
SECTION 3. The City clerk shall notify all affected property owners as shown on
the last equalized assessment roll and all utility companies concerned of the time and
place of such hearing by mailing a copy of this Resolution to each such property owner
and each utility concerned at least ten (10) days prior to the date thereof.
07-19-2005
SECTION 4. The area proposed to be included in the District is shown upon that
certain map entitled "Underground Utility District 05-01", which is on file in the Office of
the City Clerk of the City of San Juan Capistrano.
PASSED, APPROVED AND ADOPTED this 19th day of July 2005.
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MAYOR
ATTEST:
R. MONAHAN, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do
hereby certify that the foregoing Resolution No. 05-07-19-01 was duly adopted by the City
Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 5th day of
July 2005, by the following vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBER:
ABSTAIN:
COUNCIL MEM5ER:
Allevato, Bathgate, Swerdlin, & Mayor Hart
None
Soto
R. MONAHAN, City Clerk
2 07-19-2005