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RES-9560 Underground Utility District No. 15RESOLUTION NO. 9560 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE ESTABLISHING THE AREA OF THE CITY GENERALLY LOCATED ON WEST CHAPMAN AVENUE FROM BITTERBUSH STREET TO MAIN STREET AS UNDERGROUND UTILITY DISTRICT NO, 15. WHEREAS, on December 11, 2001, the City Council adopted Resolution No. 9553 setting January 22, 2002, or as soon thereafter as practicable, as the date of the public hearing to ascertain whether the public necessity, health, safety and welfare requires the removal of poles, overhead wires and associated overhead structures within that area of the City generally located on West Chapman Avenue from Bitterbush Street to Main Street and to consider the underground installation of the aforementioned appurtenances for supplying electric, communication or similar associated services to the residents of the City of Orange; and WHEREAS, in accordance with Resolution No. 9553 and Orange Municipal Code Chapter 12.44, the City Clerk gave notice of the time and place of such public hearing to all affected property owners as shown on the last equalized assessment roll and also to all concerned utilities by mail to determine whether to form an underground utility district; and WHEREAS, the City Engineer prepared and submitted to the City Council that certain document entitled, "Engineer's Report, Underground Utility District No. 15," dated December, 2001; and WHEREAS, the City has coordinated this project with Southern California Edison to utilize any and all available funding through the Southern California Edison Company Rule 20A program for the conversion of the overhead facilities to underground utility services in the public right of way and for the conversion of the new facility hookups on private property; and WHEREAS, the City has determined that the use of the available funding will not necessitate the overhead facility conversion to be paid tor by the affected property owners; and WHEREAS, based on all of the information presented in the Engineers Report, staff report, and considering all other written and oral testimony at the public hearing, the City Council finds and determines that the public necessity, health, safety, and welfare require the removal of all poles, overhead wires and associated overhead structures and the installation underground of the aforementioned appurtenances in proposed Underground Utility District No. 15. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange as follows: 1. That pursuant to Section 12.44.050 of the Orange Municipal Code, the area particularly described in Exhibit "A" and shown on the map in Exhibit "B", said exhibits being hereby attached hereto and made a part hereof, are hereby declared to be added and annexed into the Underground Utility District No. 15 of the City of Orange which the City Cowlcil hereby declares to be established. 2. That the City Council does hereby order the removal ofpo1es, overhead wires and associated overhead structures and the underground installation of wires and facilities for carrying electric, communication or similar or associated service to be completed within said area on or before September 30, 2004. 3. That the City Clerk is hereby instructed to notify all affected public utilities and persons owning real property within the herein described area of the establishment of Underground Utility District No. 15 by the adoption of this Resolution within ten (10) days after the date of its adoption. The 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 similar or associated service, they or their occupants shall by September 30, 2004, coordinate with the utility agencies for the conversion of their existing electrical, communication, or similar or associated overhead services to be converted to an underground service feed to intercept at a point on private property for continuation of service as needed, subject to all applicable rules and regulation of the respective utility or utililiies on file with the Public Utilities Commission of the State of California. Such notiliication shall be made by mailing a copy of this resolution together with a copy of Chapter 12.44 of the Orange Municipal Code to all affected property owners as such are shown on the last equalized assessment roll and to the affected utilities. ADOPTED this 22nd day of January, 2002. fi;1) el11 Mark A. Murphy, May the City of Orange Reso No. 9560 2 GAS ATTEST: r1u(UA'At7~u~ -<d~-;f CassandraJ. Cathc , CIty Clerk of the CIty of Orange 1 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 22"d day of January, 2002, by the following vote:AYES: COUNCILMEMBERS: Slater, Alvarez, Murphy, Coontz, Cavecche NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAJN: COUNCILMEMBERS: None CdA .(#/~/(r4,,(}~~ L--Cassandra J. Cathcart, City Clerk of the City of Orange Resa No. 9560 3 GAS EXHIBIT A UNDERGROUND UTILITY DISTRICT NO. 15 LEGAll. DESCRIPTION A strip ofland 100 feet in width. lying 50 feet on each side of the following described centerline of Chapman Avenue: Beginning at the Southwest oomec of Tract No. l2n as shown on a map recorded in BoQk 39 Page 12 oftdisceIIaneous Maps, records of Orange COlDlty, California, said point being the intetscc1ion of the centerline of Chapman Avenue and the prolongation of the westerly righloOf-way line ofBiuerllush Street having a street width of 50 feet, thence South ~:9o 38' 30" East 3262.74 feet along the centerline of said Chapman Avenue more or less fo the intersectionoc'a line 60 feet west and para1lel to the centerline of Main Street as shown on Parcel Map No. 88-412 recorded in Book 249 Pages 13-15 of Miscellaneous Maps, records of Orange County, California The nodherly 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 of Bitterllush Street and said line 60 feet west and parallel to the u I:i 9~~ 11 I!I