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HomeMy WebLinkAboutCC Reso No 2013-054 City Council ResoRESOLUTION NO. 2013 -054 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DECLARING THE FORMATION OF UNDERGROUND UTILITY DISTRICT NO. 3, LAKESHORE DRIVE FROM MOHR STREET TO CHANEY STREET, AND ORDERING REMOVAL AND UNDERGROUNDING OF POLES, OVERHEAD WIRES, AND ASSOCIATED OVERHEAD STRUCTURES WHEREAS, the City Council adopted Resolution 2013 -43, authorizing the initiation of proceedings to establish Underground Utility District No 3, under the terms of Ordinance N0. 456 which provides for the establishment of underground utility districts to provide for the orderly removal of existing poles, overhead wires, and associated overhead structures; and WHEREAS, the City Clerk notified all affected property owners as shown on the last equalized assessment roll and utilities concerned of the time and place of such hearing at least 10 days prior to the date thereof; and WHEREAS, on August 13, 2013, the City Council conducted a public hearing to ascertain whether the public necessity, health, safety or welfare requires formation of an underground utility district for the removal of poles, overhead wires and associated overhead structures and equipment for supplying electric, communications, community cable television, and similar associated services within the territory described in Exhibit A, and depicted in Exhibit B, which Exhibits are attached hereto and made a part hereof. NOW, THEREFORE, the City Council of the City of Lake Elsinore, California, does hereby resolve as follow: SECTION 1. The public necessity, health, safety or welfare require formation of an underground utility district for the removal of poles, overhead wires and associated overhead structures within the territory described in Exhibit A, and depicted in Exhibit B. SECTION 2. The undergrounding of utilities within the territory described in Exhibit A, and depicted in Exhibit B, is in the general public interest for the following reasons: a) Undergrounding will avoid or eliminate an unusually heavy concentration of overhead distribution facilities; b) The street or road right of way is extensively used by the general public and carries a heavy volume of pedestrians or vehicular traffic; c) The street adjoins or passes through a civic area or a public recreation area or an area of unusual scenic interest to general public d) The street is considered an arterial street or major collector in the City's General plan SECTION 3. The territory described in Exhibit A, and depicted in Exhibit B, is hereby declared to be Underground Utility District No. 3. City Council Resolution No. 2013 -054 Page 2 of 2 SECTION 4. The City Council hereby orders the removal of all existing overhead poles, wires, and associated overhead facilities within Underground Utility District No. 3 for supplying electric, communications or associated service within said District. The City Council orders installed underground all utilities as that term is defined in Section 12.16.010 of Ordinance 456 which are located within Underground Utility District No 3. SECTION 5. All affected utilities are hereby authorized to discontinue overhead service in Underground Utility District No 3, subject to the provision of underground service as specified in this resolution. SECTION 6. Property owners shall grant each utility the necessary easements or land rights when it is necessary by the utilities to place their facilities on private property to complete the occasioned undergrounding. SECTION 7. Pursuant to Southern California Edison's Rule 20 Tariff, Rule 20A funds will be used for the installation of no more than 100 feet of each customer's underground electric service lateral on private property, as well as the conversion of affected property owners meter panels from overhead to underground service. The cost of such meter conversions using Rule 20A funds shall be limited to existing meters, and shall not include permit fees and any upgrades requested by affected property owners. SECTION 8. Pursuant to Verizon's Rule No 40 Tariff, Rule 40A funds will be used for the installation of no more than 100 feet of each customer's underground service connection facility occasioned by the undergrounding, as described in Rule No 40 Section A.1.b. SECTION 9. Within ten days from the date hereof, in compliance with Section 12.16.010 of Ordinance 456, the City Clerk shall notify all affected utilities and all persons owning real property within Underground Utility District No. 3 of the adoption of this resolution by mailing a form of notice and a copy of this resolution. PASSED, APPROVED AND ADOPTED.this )l3r�dayibf August 2013 I,, / 11�1 E. Magee, APPROVED AS TO Z. Leib) old, City Attorney EXHIBIT A DESCRIPTION OF UNDERGROUND UTILITY DISTRICT NO 3 All property within a strip of land approximately 100 feet wide, lying approximately 50 feet on each side of Lakeshore Drive centerline, starting at the southwest corner of Chaney Street and Lakeshore Drive and continuing south to the southwest corner of Lakeshore Drive and Mohr Street, and includes all facilities within approximately 50' East and West of Lakeshore Drive centerline between Chaney Street and Mohr Street with the exception of easterly overhead street crossings on the south side of Chaney Street and Mohr Street. All applicable properties being within the boundaries of the City of Lake Elsinore, County of Riverside, State of California. Exhibit B City of Lake Elsinore Underground District No 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Virginia J. Bloom, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2013 -054 was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 13 day of August 2013, and that the same was adopted by the following vote: AYES: Council Member Tisdale, Johnson and Mayor Magee NOES: None ABSENT: Council Member Hickman ABSTAIN: None Council Member Manos, Mayor Pro Tern rq JLa -✓dLo E.,Pi A i