HomeMy WebLinkAbout91-39 - Underground Utilities District 12RESOLUTION NO. 91 -39
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH,
ESTABLISHING UNDERGROUND UTILITIES DISTRICT NO. 12 (LOCATED BETWEEN
BALBOA BOULEVARD; J STREET; THE U.S. BULKHEAD LINE; AND M STREET,
VACATED) AND ORDERING THE REMOVAL OF POLES, OVERHEAD WIRES, AND
ASSOCIATED OVERHEAD STRUCTURES WITHIN SAID DISTRICT
•WHEREAS, Chapter 15.32 of the Newport Beach Municipal code, entitled
"Underground Utilities ", 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
structure 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 March, 1991, the City Council took
action to set a public hearing for 7:00 P.M. on the 22nd day of April,
1991, for the purpose of determining whether an underground utilities
district should be established within that certain territory referred to
as Underground Utilities District No. 12 (between Balboa Boulevard; J
Street; Newport Bay; and M Street, vacated) and which is hereinafter
described; and
WHEREAS, notices have been sent to all owners of property located
within the territory proposed to be included within said 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
Underground Utilities District No. 12, the City Council has determined
that the public health, safety and welfare require the formation of said
district;
NOW, THEREFORE, the City Council hereby FINDS, DETERMINES, AND
ORDERS:
Section 1: The removal of poles, wires and associated overhead
structures used to supply electric and communication or similar service
and their installation underground within the following described area
of the City of Newport Beach:
• Beginning at the intersection of the center line of "J" Street (30
feet in width) with the U.S. Bulkhead Line as per Orange County
Superior Court Case No. 23678 recorded in Book 183, Page 476 of
Official Records of said Orange County, California; thence easterly
along said U.S. Bulkhead Line and following the same through all of
its various curves and courses to the northeasterly corner of Parcel
4 as per Parcel Map recorded in Book 13, Page 47 of Parcel Maps of
said Orange County, California; thence South 40 51' 27" West along
the easterly line of said Parcel 4 and its southerly prolongation
to the center line of Balboa Boulevard (70 feet in width) as the
same is shown on said last mentioned parcel map; thence westerly
thereon to the southerly prolongation of the center line of "J"
Street; thence northerly in a direct line to the point of beginning.
For reference, the boundary line of the land described above is
• shown on Drawing No. M- 5296 -5 on file in the office of the Public Works
Director of said City.
•
The City Council further finds that the public alleys and easements
in which the work is to be performed provide the only means of
pedestrian and vehicular access to property located northerly of said
alleys and easements; and poles, wires and associated overhead
structures located in said alleys and easements interfere with the free
movement of pedestrians and vehicles.
Section 2: The above - described area is hereby declared to be an
underground utilities district to be known and designated as Underground
Utilities District No. 12, and the affected utility companies and
property owners are hereby ordered to cause the required removal and
underground installation work to be done.
Section 3: The date by which the required removal and underground
installation works must be done is September 15, 1991.
Section 4: The City Clerk is hereby directed to notify all affected
utility companies and all persons owning property within said District
of the adoption of this resolution within ten (10) calendar days after
its effective date, in accordance with Section 15.32.080 of the Newport
Beach Municipal Code.
ADOPTED this 13th
day of May , 1991.
Mayor