HomeMy WebLinkAbout83-99 - Transfer Ownership of Underground Utilities SystemRESOLUTION NO. 83 -99
• A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH DECLARING ITS INTENT TO
TRANSFER OWNERSHIP OF THE UNDERGROUND
UTILITIES SYSTEM IN TRACT 907 LIDO ISLE TO
PACIFIC TELEPHONE; SCHEDULE A PUBLIC HEARING
THEREON
WHEREAS, vaults, conduits and related telephone equip-
ment that service territory within the City known as "Lido Isle"
and "Via Lido" are located within the boundaries of Tract No. 907
as per map recorded in Book 28, Pages 25 -36 inclusive, of miscel-
laneous mapS''on file in the office ,of.the.County Recorder of
Orange County, California; and
WHEREAS, the City is considering the transfer, to
Pacific Telephone ( "Pacific ") of its right, title and interest in
and to the vaults, conduits and equipment; and
WHEREAS, the parties believe that the City has certain
rights, titles and interest in and to the underground valuts,
conduits and systems which contain the telephone equipment that
services the territory, and the parties believe that the vaults,
conduits and equipment were constructed or installed by the City
with funds derived from special assessments levied pursuant to
the provisions of the Improvement Act of 1911; and
WHEREAS, aside from its interest in ensuring that resi-
dents of the territory continue to be serviced by Pacific, City
receives no benefit from the ownership of the vaults, conduits or
systems; and
WHEREAS, it is in the best interests of City to trans-
fer, to Pacific, all of its right, title and interest in the
vaults, conduits and systems described above because City cannot
economically and efficiently operate and maintain said systems,
vaults and conduits; City would no longer be liable for injuries
or property damage related to the existence of the vaults and
conduits, and City would not be responsible for raising vaults to
grade in the event of street resurfacing; and
WHEREAS, the proposed transfer of the vaults, conduits
and systems which contain the telephone equipment which services
• the territory is contingent upon the continuing commitment of
Pacific to maintain and operate the property and equipment for
the purpose of providing telephone service; and
WHEREAS, the City Council has determined that a call
for bids will not result in competitive bidding because Pacific
is the only potential bidder for the telephone facilities to be
transferred; and
WHEREAS, it is the best interests of the parties and
the residents of the territory that title to the vaults, conduits
and systems be transferred to Pacific.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Newport Beach hereby expresses its intention to
transfer, to Pacific, the vaults, conduits and electrical systems
located within the boundaries of Tract No. 907, as per map
recorded in Book 28, pages 25 through 26, inclusive, of miscel-
laneous maps on file in the office of the County Recorder of the
County of Orange, State of California. The vaults, conduits and
related electrical eqipment to be transferred service the terri-
tory within the City of Newport Beach commonly known as Lido Isle
and Via Lido, and the transfer would be conditioned upon the
commitment of Pacific Telephone Company to continue to maintain
and operate the equipment for the purpose of providing telephone
service to Lido Isle and Via Lido.
BE IT FURTHER RESOLVED that notice is hereby given that
the City Council of the City of Newport Beach will hold a public
• hearing on November 14, 1983, at the hour of 7:30 p.m., in the
City Council Chambers of the City Of Newport Beach, located at
3300 Newport Blvd., Newport Beach, Ca., for the purpose of
receiving testimony from persons objecting to the proposed trans-
fer and to receive such other evidence as may be relevant to its
determination whether to transfer the property.
2
BE IT FURTHER RESOLVED that this Resolution of Inten-
tion shall be published once a week for two successive weeks in
;0 the official newspaper of the City of Newport Beach, the publica-
tion to be made before the date set for hearing on this matter.
ADOPTED this 11th day of October , 1983.
RSP /Pacific
•
3
-'ia
Mayor