RES-10360 Declaration to Establish Underground Utility DistrictRESOLUTION NO. 10360
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE DECLARING ITS INTENTION
TO (1) ESTABLISH AN UNDERGROUND UTILITY
DISTRICT ALONG TUSTIN STREET FROM HElM
AVENUE TO APPROXIMATELY 400 FEET SOUTH
OF MEATS AVENUE AND ALONG A PORTION OF
MEATS AVENUE APPROXIMATELY 400 FEET
WEST OF TUSTIN STREET, (2) AUTHORIZE THE
CONVERSION OF THE EXISTING OVERHEAD
ELECTRIC AND COMMUNICATION FACILITIES
AND ASSOCIATED STRUCTURES TO
UNDERGROUND LOCATIONS, AND (3) SET THE
TIME AND PLACE FOR A PUBLIC HEARING
THEREON.
WHEREAS, the City of Orange (the City) is a municipal corporation exercising
governmental functions and powers and organized and existing under the laws of the State of
California; and
WHEREAS, Southern California Edison (SCE) will, at its expense, replace its
existing overhead electric facilities with underground facilities along public streets and roads,
and on public lands and private property across which rights-of-way satisfactory to
SCE have been obtained, provided that the governing body of the city or county in which
such electric facilities are and will be
located has:a. Determined, after consultation with SCE and after holding a
public hearing thereon, that such undergrounding is in the general public interest for
one or more of the
following reasons:i) Such undergrounding will avoid or eliminate an
unusually heavy concentration of overhead
electric facilities;ii) The street or road or right-of-way is extensively
used by the general public and carries a heavy volume of
pedestrian
or vehicular traffic;and iii) The street or road or right-of-way
adjoins or passes through a civic area or public recreation area or an
area of unusual
scenic interest to the general public.b. Adopted an ordinance creating an underground
district in the area in which both the existing and new facilities are
and will be located requiring, among other things, (l) that
all existing overhead communication and electric distribution facilities in such district shall
be removed, (2) that each property served from such electric overhead
facilities shall have installed in accordance with SCE's rules for underground service,
premises necessary to receive service from the underground facilities of SCE
as soon as it is available, and (3) authorizing SCE to discontinue its overhead
servIce.
WHEREAS, SCE has expressed its willingness to convert its eXIstmg overhead
distribution facilities (herein referred to as the SCE distribution facilities) to underground
locations along Tustin Street from Heim Avenue to approximately 400 Feet South of Meats
Avenue and along a portion of Meats Avenue approximately 400 feet west of Tustin Street,
which area is more particularly described on Exhibit A attached hereto and generally
depicted on that certain map attached hereto as Exhibit B (herein referred to as the District
Boundaries), using funds allocated, or to become available for allocation, to the City of
Orange under SCE's Rule 20-A for undergrounding;
and WHEREAS, SCE has expressed its willingness to convert its eXIstmg
overhead transmission facilities (herein referred to as the SCE transmission facilities) to
underground locations within the District Boundaries provided that the City, at its own sole cost
and expense, either (1) furnishes and installs the pads and vaults for transformers and
associated equipment, conduits, ducts, boxes, pole bases and other related work in connection with
the underground system in accordance with SCE's specifications, or (2) pays SCE therefor;
and WHEREAS, the City desires to convert the SCE transmission facilities
to underground locations within the District Boundaries concurrently with SCE's conversion
of the SCE distribution facilities to underground locations;
and WHEREAS, Chapter12.44 of the Orange Municipal Code and Sections 5896.1
et seq. of the California Streets and Highways Code authorize the City Council to
initiate proceedings for the creation of underground utility districts within areas of the City
within which poles, overhead wires, and associated overhead structures will be prohibited;
and WHEREAS, Section12.44.030 of the Orange Municipal Code authorizes the
City Council to call a public hearing to ascertain whether the public necessity, health, safety
or welfare requires the removal of poles, overhead wires and associated overhead
structures within designated areas of the City and the underground installation of wires and facilities
for supplying electric, communication or similar or associated services to affected
property owners;
and WHEREAS, Section12.44.030 of the Orange Municipal Code requires the
City Clerk to notify all affected property owners, as shown on the last equalized assessment
roll,and concerned utilities by mail of the time and place of such public hearing at least
fifteen 15) days prior to the date thereof;
and WHEREAS, Chapter12.44 of the Orange Municipal Code authorizes the creation
of an underground utility district by the adoption of a resolution, rather than by the adoption
of an ordinance;
and
WHEREAS, this City Council desires to establish an underground utility district
within the District Boundaries, which, if established, shall be designated and known as
Underground Utility District No. 16; and
WHEREAS, this City Council desires to set a hearing for all persons interested in the
proposed establishment of an underground utility district within the District Boundaries and
the conversion of the existing overhead electric and communication facilities and associated
structures within the District Boundaries to underground locations.
NOW, THEREFORE, the City Council resolves, on the basis of the facts set forth in
the agenda report presented to it and any testimony received at the meeting at which this
matter was considered, as follows:
Section 1.The foregoing recitals are true and correct.
Section 2. A hearing for all persons interested in (a) the proposed establishment
of an underground utility district along Tustin Street from Heim Avenue to approximately
400 Feet South of Meats Avenue and along a portion of Meats Avenue approximately 400
feet west of Tustin Street (the District Boundaries), which area is more particularly described
on Exhibit A attached hereto and generally depicted on that certain map attached hereto as
Exhibit B; and (b) the conversion of the existing overhead electric and communication
facilities and associated structures within the District Boundaries to underground locations,
shall be held on May 26, 2009 at 4:30 p.m., or as soon thereafter as the matter may be heard,
in the Council Chambers of the City of Orange located at 300 E. Chapman Avenue, Orange,
California.
Section 3. The City Clerk is hereby authorized and 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 28th day of April, 2009
ATTEST:
Orange
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I, MARY E. MURPHY, City Clerk of the City of Orange, California, do 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 28th day of April, 2009, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Smith, Murphy, Cavecche, Bilodeau
COUNCILMEMBERS: None
COUNCILMEMBERS: Dumitru
COUNCILMEMBERS: None
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