HomeMy WebLinkAboutRES-94-5702 (UNDERGROUND/UTILITY/FORMATION)RESOLUTION NO. 94- 57 02
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH,
CALIFORNIA, FINDING THAT FACILITIES SHOULD BE INSTALLED UNDERGROUND,
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DECLARING THE FORMATION OF THE UNDERGROUND UTILITY DISTRICT 94-1
PURSUANT TO ARTICLE III OF THE HERMOSA BEACH MUNICIPAL CODE, ORDERING
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THE INSTALLING OF UTILITIES UNDERGROUND AND REMOVAL OF OVERHEAD
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STRUCTURES.
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WHEREAS, the City Council adopted Resolution No. 94-5699 on August 9, 1994
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initiating proceedings to form Underground Utility District 94-1 under the terms of Article III of
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the Hermosa Beach Municipal Code; and
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WHEREAS, Notice of the time and place of the Public Hearing was given to all owners
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of property within the Underground Utility District in the time and manner prescribed by Section
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29-16 of the Hermosa Beach Municipal Code; and
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WHEREAS, a Public hearing was held on September 13, 1994, for the purpose of
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determining whether or not the City should continue with proceedings to create an
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underground utility district for the conversion of overhead facilities to underground facilities,
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and the City Council received and heard oral and written protests:
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA EACH FINDS,
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DETERMINES AND ORDERS AS FOLLOWS:
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Section 1. NOTICE
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The City Manager has caused Notice to be given of the time and place of the Public
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Hearing to all owners of property as shown on the last equalized assessment roll or as known
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to him and to each public utility in the time and manner prescribed in Section 29-16 of the
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Hermosa Beach Municipal Code and Resolution No. 94-5699 adopted on August 9, 1994.
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Section 2. NECESSITY
The public necessity, health, safety and welfare require the installation of facilities
underground for one or more of the following reasons.
(a) Undergrounding will avoid or eliminate an unusually heavy concentration of
overhead distribution facilities;
(b) The street or road or right of way is extensively used by the general public and
carries a heavy volume of pedestrian or vehicular traffic;
(c) The street or road or right of way adjoins or passes through a civic area or
public recreation are or an area of unusual scenic interest to the general public.
Section 3. ESTABLISHMENT OF UNDERGROUND UTILITY DISTRICT
There is established Underground Utility District 94-1, the exterior boundaries of which
are described in Exhibit "A" attached to this resolution and incorporated in it by this reference.
A map showing the boundaries is attached to this Resolution marked Exhibit "B" and made a
part of it by this reference. The City Council orders installed underground all facilities as that
term is defined in Section 29-15 of the Hermosa Beach Municipal Code which are located
within Underground Utility District No. 94-1.
Section 4. TIME FOR REMOVAL AND UNDERGROUND INSTALLATION
Such removal and underground installation shall be accomplished not later than
April 1998. Affected property owners must be ready to receive underground service by
April 1998. Reference is made to Sections 29-23 and 29-24 of the Hermosa Beach Municipal
Code for allocation of the responsibility between each utility and the property owners.
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Section 5. EXCEPTIONS AS AUTHORIZED BY CITY COUNCIL
The City Council hereby authorizes the following exceptions:
(a) Any municipal facilities or equipment installed under the supervision and to the
satisfaction of the City Engineer.
(b) Poles or electroliers used exclusively for street lighting.
(c) Overhead wires (exclusive of supporting structures) crossing any portion of a
district within which overhead wires have been prohibited, or connecting to buildings on the
perimeter of a district, when such wires originate in an area from which poles, overhead wires
and associated overhead structures are not prohibited.
(d) Poles overhear wires and associated overhead structures used for the
transmission of electric energy at nominal voltages in excess of 34,500 volts.
(e) Overhead wires attached to the exterior surface of a building by means of a
bracket or other fixture and extending from one location on the building to another location on
the same building or to an adjacent building without crossing over any public street.
(f) Antenna, associated equipment and supporting structures, used by a utility for
furnishing communication services.
(g) Equipment appurtenant to underground facilities, such as surface mounted
transformers, pedestal mounted terminal boxes and meter cabinets, and concealed ducts.
(h) Temporary poles, overhead wires and associated overhead structures used or
to be used in conjunction with construction projects.
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Section 6. NOTICE OF FORMATION OF DISTRICT
Within ten (10) days after the effective date of this Resolution, the city manager shall
notify all affected utilities and all persons owning real property within the district created by
such Resolution of the adoption thereof. Said city manager shall further notify the affected
property owners of the necessity that, if they or any person occupying such property desire to
continue to receive electric, communication or similar or associated service, they or such
occupant shall provide all necessary facility changes on their premises so as to receive such
service from the lines of the supplying utility or utilities at a new location.
Notivication by the city manager shall be made by mailing a form of Notice, copy of this
Resolution adopted pursuant to Section 29-18, together with a copy of Article III, conversion of
Existing Overhead Utility Facilities of the hermosa Beach Municipal Code, to affected property
owners as such are shown on the last equalized assessment roll, and to the affected utilities.
Section 7. CITY CLERK CERTIFICATION
The City Clerk shal certify as to the adoption of this resolution and shall cause the
same to be processed in the manner required by law.
PASSED, APP
President of the City dourician
May -or of the City of Hermosa B
ATTEST:
MR, M -
City Clerk
on this 13th day of Septe�
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APPROVED AS TO FORM:
_a -, 6 - - I I I " / [Z"-1 ,
City Attorney 15
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF HERMOSA BEACH
I. Naoma Valdes, Deputy City Clerk of the City
Council of the City of Hermosa Beach, California, do
hereby certify that the foregoing Resolution No. 94-5702
was duly and regularly passed, approved and adopted by
the City Council of the City of Hermosa Beach at a
Regular Meeting of said Council at the regular place
thereof on September 13, 1994.
The vote was as follows:
AYES: Bowler, Edgerton, Oakes, Reviczky, Mayor Benz
NOES: None
ABSTAIN: None
ABSENT: None
DATED: September 15, 1994
Deputy City Clerk