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HomeMy Public PortalAbout2004-092-A (06-01-04)RESOLUTION NO. 2004.092 - A A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ESTABLISHING UNDERGROUND DISTRICT NO. 11, THE PHASING PRIORITIES AND THE SCOPE OF WORK FOR PHASE I The City Council of the City of Lynwood hereby resolves as follows: WHEREAS, by Resolution No.2004-058, a pubic hearing was called for May 18, 2004, at the hours of 6:00 p.m., in the Council Chambers in the City Hall, Lynwood, California, to ascertain whether the public necessity, health, safety, or welfare requires the removal of poles, overhead wires and associated overhead structures, and the underground installation of wires and facilities for supplying electric, communication, or similar associated service, within that certain area of the City described as follows: WHEREAS, a public hearing is required to ascertain whether public necessity, health, safety, or welfare requires the removal of poles, overhead wires and facilities for supplying electric, communication, or similar or associated service in any such district; and WHEREAS, it has been recommended that such an Underground Utility District No. 11, herein after called District, be formed to encompass the area described below: The area bounded by the northerly right-of-way line of Imperial Highway to the north, the easterly right-of-way line of California Avenue to the east, the northerly right-of-way line of the 1-105 Freeway to the south and the northerly right-of-way line of Fernwood Avenue to the west, in the City of Lynwood, County of Los Angeles, State of California, as shown in Tract No.921, Modjeska Park Tract and Tract No. 2551. WHEREAS, notice of such hearing has been given published in the manner and within the time required by law. WHEREAS, such hearing has been duly and regularly held and all persons interested have been given an opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lynwood as follows: Section 1: Pursuant to Ordinance No. 848 of the City of Lynwood, the above- described area is hereby declared an Underground Utility District, and is designated as Underground Utility District No. 11 of the City of Lynwood. Attached hereto, marked Exhibit "A", and hereby incorporated as a part of this resolution, is a map delineating the boundaries of said District, which displays the phasing sequences marked as Priorities 1, 2 and 3. The City Council authorizes the implementation of Priority 1 which scope of work is defined and shown in Attachment "B" attached herewith. Section 2: The City Council does hereby fix June 1, 2008, as the date on which affected property owners must be ready to receive underground service, and does hereby order the removal of all poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication, or similar or associated service within Underground Utility District No. 11 on or before July 1, 2008. The date of completion may be extended by written agreement of both parties. Section 3: The City Clerk is hereby instructed to notify all affected utilities and all persons owning real property within Underground Utility district No. 11 of the adoption of this resolution within ten (10) days after the date of such adoption. Said City Clerk shall further notify said property owners of the desire to continue to receive electric, communications or other similar or associated service, they or such occupant shall, by the date fixed in this resolution, 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, subject to applicable rules, regulations and tariffs of the respectiv utility or utilities on file with the Public Utilities commission of the State of California. Such notification shall be made by mailing a copy of this resolution together with a copy of said Ordinance No. 848, to all affected property owners as shown on the last equalized assessment roll and to the affected utilities. Section 4: The City Council hereby finds and determines that the Underground Utility District herein created is in the general public interest for the following reason: To improve the aesthetic of the area bounded by the District. Section 5: This resolution shall take effect immediately upon its adoption. PASSED, APPROVED and ADOPTED this 1st .day of June ~O~UIS By~,~o~? City of Lynwood .,2004. ATTEST: ANDREA L. HOOPER City Clerk APPROVED AS TO FORM Cil ~°rney Man~ager . Yadollah Farhadi, P.E. Director of Environmental Services/ City Engineer STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ) I, the undersigned, foregoing resolution was duly adopted by the City Council of said City at a regular meeting thereof held in the City Hall of the City on the 1st day of ,June and passed by the following vote: City Clerk of the City of Lynwood, do hereby certify that the above and ,2004, AYES: COUNCILMEN NOES: NONE ABSENT: NONE PEDROZA, RODRIGUEZ, SANTILLAN, City Clerk, City of Lynwood VASQUEZ AND BYRD STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and foregoing is a full, tree and correct copy of Resolution No. 2004.092-A on file in my office and that said resolution was adopted on the date and by the vote therein stated. Dated this day of_ ~lune ,2004. City Clerk, City of Lynwood