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Resolution Number 05-07-19-02RESOLUTION NO, 05-07-19-0 2 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 05-02. 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. 05-02, 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, SBC 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 05-02", 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. . , r MAYOR: ATTEST: P L�/ 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. 05-07-19-02 was duly adopted by the City Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 5'" day of July 2005, by the following vote: AYES: COUNCIL MEMBERS: Allevato, Bathgate, Swerdlin, & Mayor Hart NOES: COUNCIL MEMBER: None ABSTAIN: COUNrlLXEMBER: Soto LA/v , - I � R. MONAHAN, City Clerk 07-19-2005