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