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HomeMy WebLinkAbout94-1 - Underground Utilities District 13RESOLUTION NO. 94 -1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ESTABLISHING UNDERGROUND UTILITIES DISTRICT 13 (ALONG WEST COAST HIGHWAY FROM DOVER DRIVE WESTERLY TO MARINO DRIVE, AND MACARTHUR BOULEVARD FROM EAST COAST HIGHWAY NORTHERLY TO CROWN DRIVE) 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 11th day of October, 1993, the City Council took action to set a public hearing for the 8th of November, 1993 at 7:00 P.M., continued to December 13, 1993 and continued again to January 10, 1994 for the purpose of determining whether an underground utilities district should be established within that certain territory referred to as Underground Utilities District No. 13 (along West Coast Highway from Dover Drive westerly to Marino Drive, and MacArthur Boulevard from East Coast Highway northerly to Crown drive) 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. 13, the City Council has determined that public health, safety and welfare require the formation of said District: NOW, THEREFORE, the City Council hereby FINDS, AND ORDERS: • 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: West Coast Highway right -of -way from the westerly boundary of Dover Drive right -of -way to the westerly boundary of Marino Drive and the twenty (20) foot public utility easements located on the southerly side of West Coast Highway between Dover Drive and Marino Drive that runs contiguous with West Coast Highway within the • boundaries of Tract No's 1014, 1102, & 1140. MacArthur Boulevard right of way from the northerly boundary of East Coast Highway northerly to the northerly boundary of Crown Drive. For reference, the boundary line of the land described above is shown on City of Newport Beach Drawing No. M- 5311-L, on file in the office of the Public Works Department. The City Council further finds that: 2. (A) The streets on which the work is to be performed are extensively used by the general public and carry a heavy volume of pedestrian or vehicular traffic: and (B) The streets adjoin or pass through a public recreation area and 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. 13, 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 October 1, 1994. 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 10th day of January , 1994. Mayor ATTEST: City Clerk