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Resolution Number 10-04-20-01RESOLUTION NO. 10-04-20-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE REVISED BOUNDARY OF UNDERGROUND UTILITY DISTRICT 05-01. WHEREAS, By Resolution No. 10-04-20-01, a Public Hearing was called on the 20t" day of April 20, 2010 at the hour of 6:30 pm, in the City Council of 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 structures within the designated area of the City particularly shown on exhibit map entitled "Underground Utility District 05-01, Del Obispo Street, Calle Aspero to Paseo Terraza," which was attached to Resolution No. 10-03-16-01 and which is attached hereto as Exhibit A 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 necessity, 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 ishereby declared a revised Underground Utility District and an area designated as "Underground Utility District 05-01 ". BE IT FURTHER RESOLVED, that the City Council does fix April 21, 2010 as the date on which affected owners within the boundaries shown in said exhibit maps will be ready to receive underground service, and does hereby order the commencement of the removal of all poles, overhead wires and associated facilities for supplying facilities for supplying electrical communication or similar or associated service within the revised Underground Utility District No. 05-01 on or before April 21, 2010. BE IT FURTHER RESOLVED, that the City Clerk is hereby instructed to notify all 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 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 1 4-20-2010 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 all affected property owners, such as are shown on the last equalized assessment roll, and to the affected utilities. PASSED,APPROVED,AND ATTEST: OL, VV MARIA MORRISXITY CLERK 20th day of April 2010. DR. LONDRES USO, MAYOR STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing Resolution No. 10-04-20-01 was duly adopted by the Cit�r Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 20 day of April 2010, by the following vote: AYES: COUNCIL MEMBERS: Allevato, Hribar, Nielsen, Freese and Mayor Uso NOES: COUNCIL MEMBER: None ABSENT: COUNCIL MEMBER: None MARIA MOR 4S, ity Clerk 2 4-20-2010 r`e k uY N J � 1 cy, � City of San Juan Capistrano REVISIONS UNDERGROUND UTILITY DISTRICT 06-01 Del Obispo Street; Calle Asp ero to Paseo Terraza.. SHEET 1.017 1 DATE: 12010 BOUNDARY MAP Exhibit A