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
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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)
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City Clerk of the City of
Newport Beach, California