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HomeMy WebLinkAbout99-33 - Underground Utilities District 15• RESOLUTION NO. 99 - 33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ESTABLISHING UNDERGROUND UTILITIES DISTRICT 15 (AT THE NEWPORT /BALBOA BOULEVARD — MC FADDEN SQUARE INTERSECTION AND NEWPORT BOULEVARD FROM 19TH STREET TO 32ND STREET) AND ORDERING THE REMOVAL OF POLES, OVERHEAD WIRES, AND ASSOCIATED OVERHEAD SERVICES WITHIN THAT AREA OF THE CITY LOCATED WITHIN SAID DISTRICT WHEREAS, Chapter 15.32, entitled "Underground Utilities ", of the Newport Beach Municipal Code, 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 structures within designated areas of the City, and underground installation of wires and facilities for supplying electric, communication, or similar services; • and WHEREAS, on the March 22, 1999, the City Council took action to set a public hearing for the 26th of April 1999, at 7:00 P.M. for the purpose of determining whether an underground utilities district should be established within that certain territory referred to as Underground Utilities District No. 15 (Newport/Balboa Boulevard — McFadden Square Intersection and Newport Boulevard from 19`h Street to 32nd Street), which is hereinafter described; and WHEREAS, notices have been sent to all owners of property within said underground utilities 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 said • Underground Utilities District No. 15, the City Council has determined that public health, safety and welfare require the formation of said District; • ORDERS: NOW, THEREFORE, the City Council hereby FINDS, DETERMINES AND 1. The public necessity, health, safety and welfare require the removal of poles, overhead wires and associated overhead structures used to supply electric and telephone service and their installation underground within the following described areas of the City of Newport Beach: That parcels of land located in the City of Newport Beach, County of Orange, State of California, described as a whole as follows: Newport Boulevard /Balboa Boulevard — McFadden Square Intersection right -of -way including Newport Boulevard from 1 gch Street to 32 "d Street. For reference, the boundary line of the land described above is shown on City of Newport Beach Drawing No. M- 5335 -L, on file in the office of the Public Works Department. • The City Council further finds that: 2. (A) Newport Boulevard along which the work is to be performed is extensively used by the general public and carries a heavy volume of pedestrian and vehicular traffic; and (B) Newport Boulevard leads to a public recreation area and passes through an area of unusual scenic interest to the general public. 3. The above - described area is hereby declared to be an underground utilities district, to be known as Underground Utilities District No. 15, and the affected utility companies and property owners are ordered to cause the required removal and underground installation work to be done. • 4. The date by which the required removal and underground installation work is to be accomplished and by which the affected property owners must be ready to receive underground service is March 1, 2001. 5. The City Clerk is directed to notify all affected utility companies and all persons owning property within said District of the adoption of this resolution within ten (10) days after its affective date, in accordance with Section 15.32.080 of the Newport Beach Municipal Code. ADOPTED this 26th day of Mayor ATTEST: • City Clerk ���FOaH`r u i:\ users\ pbMshared\resolutions \uud- 15.doc it .1999. • • • STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 99 -33, was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 26th day of April, 1999, and that the same was so passed and adopted by the following vote, to wit: Ayes: Glover, Thomson, Debay, Ridgeway, Noyes, Mayor O'Neil Noes: None Absent: Adams Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 2711, day of April, 1999. (Seal) VM 11, #al4 c� City Clerk of the City of Newport Beach, California