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HomeMy WebLinkAbout91-39 - Underground Utilities District 12RESOLUTION NO. 91 -39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, ESTABLISHING UNDERGROUND UTILITIES DISTRICT NO. 12 (LOCATED BETWEEN BALBOA BOULEVARD; J STREET; THE U.S. BULKHEAD LINE; AND M STREET, VACATED) AND ORDERING THE REMOVAL OF POLES, OVERHEAD WIRES, AND ASSOCIATED OVERHEAD STRUCTURES WITHIN SAID DISTRICT •WHEREAS, Chapter 15.32 of the Newport Beach Municipal code, entitled "Underground Utilities ", authorizes the City Council to call public hearings to ascertain whether the public health, safety or welfare requires the removal of poles, overhead wires and associated overhead structure within designated areas of the City, and underground installation of wires and facilities for supplying electric, communication, or similar services; and WHEREAS, on the 11th day of March, 1991, the City Council took action to set a public hearing for 7:00 P.M. on the 22nd day of April, 1991, for the purpose of determining whether an underground utilities district should be established within that certain territory referred to as Underground Utilities District No. 12 (between Balboa Boulevard; J Street; Newport Bay; and M Street, vacated) and which is hereinafter described; and WHEREAS, notices have been sent to all owners of property located within the territory proposed to be included within said district, in the manner prescribed by said Chapter 15.32 of the Newport Beach Municipal Code; and WHEREAS, after consideration of all protests to the formation of Underground Utilities District No. 12, the City Council has determined that the public health, safety and welfare require the formation of said district; NOW, THEREFORE, the City Council hereby FINDS, DETERMINES, AND ORDERS: Section 1: The removal of poles, wires and associated overhead structures used to supply electric and communication or similar service and their installation underground within the following described area of the City of Newport Beach: • Beginning at the intersection of the center line of "J" Street (30 feet in width) with the U.S. Bulkhead Line as per Orange County Superior Court Case No. 23678 recorded in Book 183, Page 476 of Official Records of said Orange County, California; thence easterly along said U.S. Bulkhead Line and following the same through all of its various curves and courses to the northeasterly corner of Parcel 4 as per Parcel Map recorded in Book 13, Page 47 of Parcel Maps of said Orange County, California; thence South 40 51' 27" West along the easterly line of said Parcel 4 and its southerly prolongation to the center line of Balboa Boulevard (70 feet in width) as the same is shown on said last mentioned parcel map; thence westerly thereon to the southerly prolongation of the center line of "J" Street; thence northerly in a direct line to the point of beginning. For reference, the boundary line of the land described above is • shown on Drawing No. M- 5296 -5 on file in the office of the Public Works Director of said City. • The City Council further finds that the public alleys and easements in which the work is to be performed provide the only means of pedestrian and vehicular access to property located northerly of said alleys and easements; and poles, wires and associated overhead structures located in said alleys and easements interfere with the free movement of pedestrians and vehicles. Section 2: The above - described area is hereby declared to be an underground utilities district to be known and designated as Underground Utilities District No. 12, and the affected utility companies and property owners are hereby ordered to cause the required removal and underground installation work to be done. Section 3: The date by which the required removal and underground installation works must be done is September 15, 1991. Section 4: The City Clerk is hereby directed to notify all affected utility companies and all persons owning property within said District of the adoption of this resolution within ten (10) calendar days after its effective date, in accordance with Section 15.32.080 of the Newport Beach Municipal Code. ADOPTED this 13th day of May , 1991. Mayor