HomeMy WebLinkAboutCC Res 5747 2008-06-09
RESOLUTION NUMBER 5747
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
DESIGNATING AN UNDERGROUND UTILITY DISTRICT ON
BEVERLY MANOR ROAD BETWEEN SEAL BEACH
BOULEVARD AND 405 FREEWAY
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THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE:
Section 1. A duly noticed public hearing was held on June 9, 2008 to ascertain
whether the public health, safety or welfare requires the removal of poles,
overhead wires and associated structures ("Overhead Facilities"), and the
underground installation of wires and facilities ("Underground Facilities") for
supplying electric, communication, or similar or associated service to an area
comprised of property within the public right of way on Beverly Manor Road
between Seal Beach Boulevard and 405 Freeway, more particularly described in
Exhibit A, which is incorporated herein by this reference ("Designated Area").
Section 2. The City provided 10 day advance written notice of the public hearing
to all affected property owners and affected utilities pursuant to Seal Beach
Municipal Code ~ 9.55,010 and provided all persons and utility representatives an
opportunity to be heard at the public hearing. Prior to the public hearing, the
Director of Public Works consulted with all affected utilities and prepared the staff
report dated June 9, 2008 ("Report") which contains estimates of the total cost, as
well as estimates of the time required to complete the underground installation and
removal of overhead facilities.
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Section 3. Based upon the evidence presented at the public hearing, including
the Report and oral testimony, the City Council hereby finds and determines:
A. The public necessity, health, safety or welfare requires the removal
of poles, overhead wires and associated structures within the Designated Area
and the underground installation of wires and facilities for supplying electric,
communication or similar or associated service within the Designated Area.
B. The removal of the Overhead Facilities and installation of the
Underground Facilities will avoid or eliminate an unusually heavy concentration of
overhead transmission facilities.
C. The affected streets and avenues are extensively used by the
general public and carry a heavy volume of pedestrian and vehicular traffic.
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Section 4. Based upon the foregoing, and pursuant to Seal Beach Municipal Code
Chapter 9.55, the Council hereby establishes Beverly Manor Road Underground
Utility District 08-1 ("District 08-1") for the Designated Area, described with more
particularity in Exhibit A. All poles, overhead wires and associated overhead
structures shall be removed from, and all underground facilities installed in, District
08-1 no later than December 31, 2011. All affected property owners must be
ready to receive underground service by that date.
Section 5. Within 10 days after the adoption of this resolution, the City Clerk
shall mail a copy hereof and a copy of Seal Beach Municipal Code Chapter 9.55
to affected property owners, if any, as shown on the last equalized assessment
roll and to the affected utilities.
Resolution Number 5747
PASSED, APPROVED AND ADOPTED by the City Council of Seal Beach, at a
meeting hereof held on the 9th day of June, 2008 by the following vote:
AYES: COUNCILMEMBERS ~:ilh, U/ * J ~, A
NOES: COUNCILMEMBERS ~ '
ABSENT: COUNCILMEMBERS ~I I
ABSTAIN: COUNCILMEMBERS ~/
~ ~".B
Mayor
ATTEST:
~h4.tt.lkll~(
City Clerk
STATE OF CALIFORNIA}
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of Seal Beach, California, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 5747 on file in
the office of the City Clerk, passed, approved, and adopted by the City Council of
the City of Seal Beach, at a regular meeting thereof held on the 9th day
of June , 2008.
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~'.b~ U~
ity lerk
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