Resolution Number 05-08-16-01RESOLUTION NO. 05-08-16-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING THE ESTABLISHMENT OF
UNDERGROUND UTILITY DISTRICT NO. 05-01 (DEL OBISPO STREET,
CALLE ASPERO TO AGUACATE ROAD)
WHEREAS, by Resolution No. 05-07-19-01, a Public Hearing was called for
August 16, 2005, 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 map entitled "Underground Utility District 05-01 Del Obispo Street, Calle
Aspero to Aguacate Road" which was attached to said Resolution No. 05-07-19-01 and
which is attached hereto as Exhibit A 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 Title 7,
Chapter 8 of the San Juan Capistrano Municipal Code, the areas shown on the attached
exhibit map is hereby declared an Underground Utility District and area designated as
"Underground Utility District No. 05-01" in the City of San Juan Capistrano.
BE IT FURTHER RESOLVED, that the City Council does fix December 1,
2006, 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. 05-01 on or before December 1,
2006.
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. 05-01 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
08-16-2005
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 Utility 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 Title 7, 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:
ATTEST:
Such undergrounding will avoid or eliminate an unusually heavy
concentration of overhead distribution facilities; and,
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 vehicular
traffic.
PASSED, APPROVED, AND ADOPTED this 16th day of August 2005.
AT HART, MAYOR
R. MONAHAN, CITY CLERK
STAiE61t 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. 05-08-16-01 was duly adopted by the City Council of the City of San Juan Capistrano at a
Regular meeting thereof, held the 16`h day of August 2005, by the following vote:
AYES: COUNCIL ME ERS- Allevato, Bathgate, Soto, Swerdlin, & Mayor Hart
NOES, COUNCIL M B one
f>�'RIN: J tOUNOIL Otl / None
M)(RGIRET R. MONAHAN, City Clerk
08-16-2005