Resolution Number 95-3-21-6M
RESOLUTION NO.
ESTABLISH11NIG-UNDERGROUND UTrELITY DISTRICT
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ESTABLISHING UNDERGROUND UTILITY
DISTRICT NO. 95-1
WHEREAS, by Resolution No. 95-2-21-1, a Public Hearing was called for March 21,
1995, at TOO p.m., in the City Council Chambers 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 a map entitled
"Underground Utility District No. 95-1," which was attached to said Resolution No. 95-2-21-1, and
is attached hereto as Exhibit A; 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 area shown
on the attached plat is hereby declared an Underground Utility District and is designated as
"Underground Utility District No. 95-1" in the City of San Juan Capistrano.
BE IT FURTHER RESOLVED, that the City Council does fix July 30, 1995 as the
date on which affected owners within boundaries shown on said plat 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. 95-1 on or before July 30, 1995.
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. 95-1
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
desire to continue to receive electric, communication or 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 utility, or utilities, at a new
location, subject to applicable rules, regulations and tariffs of the respective utility, or utilities, on file
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with the Public Utilities Commission of the State of California as of the date of adoption of this
Resolution. Such notification 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;
Said streets, roads or right-of-way adjoin or pass through a civic area.
PASSED, APPROVED, AND ADOPTED this 21st day of
March 11995.
ATTEST:
CITY CLERK
CAROLYN NA914, MAYOR
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' 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.
95-3-21-6 adopted by the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 21st day of March 1995, by the
following vote:
AYES: Council Members Jones, Hart, Campbell, Swerdlin and
Mayor Nash
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL)
' CHERYL JO SO , CITY CLERK
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