RES-9553 Declaration of Intent to Hold Public Hearing to Consider Designation and Adoption of Underground Utility DistrictRESOLUTION NO. 9553
A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE
DECLARING ITS INTENT TO SET THE TIME AND PLACE
FOR A PUBLIC HEARING TO CONSIDER THE DESIGNATION
AND ADOPTION OF AN UNDERGROUND UTILITY
DISTRICT REQUIRING THE REMOVAL OF POLES,OVERHEAD
WIRES AND ASSOCIATED STRUCTURES WITIDN THAT
AREA OF THE CITY GENERALLY LOCATED ON WEST CHAPMAN
A VENUEFROM BITTERBUSH STREET TO MAIN STREET,
AS IS MORE PARTICULARLY DESCRIBED IN EXHIBIT A"
ATTACHED HERETO AND ON THAT CERTAIN MAP ATTACHED
HERETO AS EXIDBIT "U", AND ON FILE IN THE OFFICE
OF THE CITY CLERK AND THE DEPARTMENT OF PUBLIC
WORKS WHEREAS,
Orange Municipal Code Section 12.44.030 and California Streets and
Highways Code Sections 5896.1 et seq. authorize the City Council to initiate proceedings
for the creation of Underground Utility Districts; and WHEREAS,
Section 12.44.030 of the Orange Municipal Code authorizes the City
Council from time to time to call public hearings to ascertain whether the public necessity,
health, safety or welfare requires the removal of poles, overhead wires and associated
overhead structures within certain designated areas of the City and to consider the
underground installation of the aforementioned appurtances for supplying electric,communication
or similar associated services to the residents ofthe City of Orange; and WHEREAS,
by the aforementioned Section of the Orange Municipal Code the City
Clerk is required to notify all affected property owners as shown on the last equalized
assessment roll and also to notifY all concerned utilities by mail of the time and place
of hearings to determine whether to form an underground utility district; and WHEREAS,
said notice is required to be given to the aforementioned property owners
and concerned utilities at least fifteen (15) days prior to the date of the public hearing;
and WHEREAS,
when adopted said district shall be designated Underground Utility District
No. 15; and WHEREAS,
the
City had detennined that the project is being coordinated with Southern California
Edison to utilize available funding through the Rule 20A program so the costs
of conversion of the overhead facilities will not be paid for by affected property owners or
users; and WHEREAS, the
City Council declares its intent to set a public hearing for January 22,
2002, in the City Council Chambers of the Civic Center at 7:00 p.m., or as soon thereafter
as practicable.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Orange that said Council hereby declares its intent to hold a public hearing on the
bJrmation of the Underground Utility District Number 15 on Tuesday, January 22, 2002,
at 7:00 p.m., in the City Council Chambers of the Civic Center, 300 East Chapman
Avenue, Orange, California, as the date, time, and place for a public hearing to ascertain
whether the public necessity, health, safety or welfare requires the removal of poles,
overhead wire and associated overhead structures and the establishment of said district
within that area of the City of Orange generally located on Chapman Avenue from
Bitterbush Street to Main Street, which area is more particularly described in Exhibit "A"
attached hereto and by that certain map attached hereto as Exhibit "B", and on file in the
office of the City Clerk and the Department of Public Works of the City of Orange.
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to notify
all affected property owners as shown on the last equalized assessment roll and also to
notify all utilities affected by this proposal, by a notice through the United States mail, of
the time and place of said hearing at least fifteen (15) days prior to the date thereof.
ADOPTED this 11th day of December, 2001.
l!l~~~!:t,of the City of Orange
ATTEST:
F(~A7T
Cassandra J. Catli , CIty Clerk of the City of Orange
I hereby certify that the foregoing Resolution was duly and regularly adopted by
the City Council of the City of Orange at a regular meeting thereof held on the] 1th day
of December, 2001, by the following vote:
AYES: COUNCILMEMBERS: SLATER, ALVAREZ, MUPRHY, CAVECCHE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: COONTZ
ABSTAIN: COUNCILMEMBERS: NONE
AAA_'(>~'~F~
Cassandra J. Cathcart, City Clerk of tile City of Orange
RESO NO. 9553 2-
EXHIBIT A
UNDERGROUND UTILITY DISTRICT NO. 15
LEGAL DESCRIPTION
A strip of land 100 feet in width, lying 50 feet on each side of the following described
c(:nterline of Chapman Avenue:
Beginning at the Southwest corner of Tract No. 1277 as shown on a map recorded in
Book 39 Page 12 of Miscellaneous Maps, records of Orange County, California, said
point being the intersection of the centerline of Chapman Avenue and the prolongation of
the westerly right-of-way line of Bitterbush Street having a street width of 50
feet, thence S')Uth 890 38' 30" East 3262.74 feet along the centerline of said Chapman
Avenue more or less to the intersection ofa line 60 feet west and parallel to the centerline
of Main Slreet as shown on Parcel Map No.. 88-412 recorded in Book 249
Pages 13-15 of Miscellaneous Maps, records
of Orange County, California.HIe northerly and southerly sides of said strip of land shall be
extended or shortened to intersect with the said prolongation of said westerly
right-of-way line ofBitterbush Street and said line 60 feet west and parallel to
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