Resolution Number 72-3-27-1RESOLUTION NO. 72-3-27-1
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO ESTABLISHING UNDERGROUND
UTILITY DISTRICT NO. 2
WHEREAS, by Resolution No. 72-2-28-1 a public hearing was
called for Monday, March 27, 1972 at the hour of 7:00 PM in the Council
Chambers in the City Hall, San Juan Capistrano, California, to ascertain
whether the public health, safety, or welfare requires the removal of
poles, overhead wires and associated overhead structures and the under-
ground installation of wires and facilities for supplying electric,
communication, or similar or associated service within that certain area
of the City described as follows and as shown on Exhibit "A" attached
hereto and made a part hereof:
Camino Capistrano
North Boundary - South line of the San Diego Gas & Electric
Company substation (North line of Tract 7274); South Boundary -
centerline of Ortega Highway; East Boundary - 36 feet East
of the centerline of Camino Capistrano from the centerline
of Ortega Highway to the centerline of La Zanja Street and
42 feet East of the centerline of Camino Capistrano from
the centerline of La Zanja Street to the South line of the
SDG&E substation (North line of Tract 7274); West Boundary -
62 feet West of the centerline of Camino Capistrano from the
centerline of Ortega Highway to the Westerly prolongation
of the South line of the SDG&E substation (Northerly line
of Tract 7274); and
WHEREAS, notice of such hearing has been given to all affected
property 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 has been duly and regularly held, and
all persons interested have been given an opportunity to be heard.
NOW THEREFORE, BE IT RESOLVED that:
1. The City Council of the City of San Juan Capistrano hereby
finds and determines that the public health, safety and welfare require
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, and that, pursuant to
Ordinance No. 146 of the City of San Juan Capistrano, the area above
described and shown on Exhibit "A" is hereby declared an Underground
Utility District, and is designated as Underground Utility District No. 2
of the City of San Juan Capistrano.
2. That the aforesaid overhead facilities shall be removed by
November 1, 1972, and that all property owners be ready to receive under-
ground utility services by September 15, 1972.
3. The City Clerk is hereby instructed to notify all affected
utilities and all persons owning real property within Underground Utility
District No. 2 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 of the necessity that, if they or any person occupying
such property desire to continue to receive electric, communication or
other similar or associated service, 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 of the
supplying 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 Utilities Commission of the State of California
as of the date of adoption of this resolution. Such notification shall
be made by mailing a copy of this resolution, together with a copy of
said Ordinance No. 146, to affected property owners as such are shown
on the last equalized assessment roll and to the affected utilities.
4. The City Council hereby finds that the Underground
Utility District herein created is in the general public interest for
the following reasons:
(a) The undergrounding to be accomplished will avoid
or eliminate an unusually heavy concentration of overhead
distribution facilities;
(b) The streets, roads or rights of way in the District
are extensively used by the general public and carry a heavy
volume of pedestrian or vehicular traffic.
PASSED, APPROVED and ADOPTED this 27th day of..March 1972,
at a regular meeting of the City Council of the City of San Juan
Capistrano by the following vote, to wit:
AYES: COUNCILMEN: BATHGATE, CHERMAK, GAMMELL, THORPE
and FORSTER
NOES: COUNCILMEN: NONE
ABSENT: COUNCILMEN: NONE
omas A. Forster, Mayor
ATTEST:
Donald G. Weidner, ciy c:lerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, DONALD G. WEIDNER, City Clerk of the City of San Juan
Capistrano, California, hereby certify that the foregoing is a true
and correct copy of a resolution of the City Council of said City
numbered 72-3-27-1, adopted by the City Council on the 27th day of
March, 1972.
City Clerk