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Resolution Number 78-1-4-6RESOLUTION NO. 78-1-4-6 131 FORMATION OF UNDERGROUND UTILITY DISTRICT 78-1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING UNDERGROUND UTILITY DISTRICT 78-1 WHEREAS, by Resolution No. 77-12-7-7, a public hearing was called January 4, 1978 at the hour of 7:00 P.M. in the Council Chambers, City of 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 associated service on the rights of way on Camino Capistrano from Ortega Highway to 240 feet south of the center line of Avenida Padre and on Del Obispo Street from the easterly right of way of the Atchison, Topeka & Santa Fe railroad to Camino Capistrano. WHEREAS, such hearing has been duly and regularly held, a report of the City Engineer was received and filed, and all persons interested have been given an opportunity to be heard. WHEREAS, based upon the testimony and other evidence received, this City Council has found and determined that the undergrounding of utilities is necessary to eliminate an unusually heavy concentration of poles, wires and other overhead distribution facilities on and along rights of way which are extensively used by the general public and carry a heavy volume of pedestrian and vehicular traffic. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano hereby finds and determines that the public necessity, health, safety, and welfare requires the removal of poles, overhead wires, and associated structures, and the underground installation of wires and facilities for supplying electric, communication, or similar or associated service on the rights of way on Camino Capistrano from Ortega Highway to 240 feet south of the center line of Avenida Padre and on Del Obispo Street from the easterly right of way of the AT&SF railroad to Camino Capistrano and such described area is hereby established as Underground Utility District 78-1. RESOLVED, FURTHER, that all poles and overhead wires and associated overhead structures shall be removed and underground installations made in said underground utility district within the following times: 1. Underground installation by the utility companies and property owners and reconnection shall commence approximately November 1, 1978. 2. Removal of poles, overhead wires, and other associated overhead structures shall be completed approximately March 1, 1979. -1- 132 RESOLVED, FURTHER, that the City Clerk within ten (10) days after the adoption of this resolution shall make a copy hereof and a copy of Ordinance No. 146 of the City of San Juan Capistrano to affected property owners as shown on the last equalized assessment roll and to the affected utilities. PASSED, APPROVED AND ADOPTED this 4th day of January , 1978, by the following vote, to wit: AYES: Councilmen Sweeney, McDowell, Friess, Nash and Mayor Heckscher NOES: None ABSENT: None YVOq'O. HECKSCHER, MAYOR ATTEST: o �L�� $��l��i�/✓J�c� CITY CL STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARY ANN HANOVER, 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. 78-1-4-6 , adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 4th day of January , 1978. (SEAL) MARY ANN FANOVER, CITY CLERK dM 133 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO ) MARY ANN IiANOVER, being first duly sworn, deposes and says: That she is the duly appointed and qualified City Clerk of the City of San Juan Capistrano; That in compliance with State laws of the State of California and in further compliance with City Resolution No. 76-12-15-10 and on the 6th day of January , 1978 shy caused to be posted: RESOLUTION NO. 78-1-4-6 being: FORMATION OF UNDERGROUND UTILITY DISTRICT 78-1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING UNDERGROUND UTILITY DISTRICT 78-1 in three (3) public places in the City of San Juan Capistrano, to wit: The Administration Building; The Post Office; The Orange County Public Library. MA'RR N HANOVER, Ci &C e San Juan Capistrano, C lifornia