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HomeMy Public PortalAbout2009.064 (04-21-09)RESOLUTION NO. 2009.064 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD REVISING THE PHASING PRIORITY FROM PHASE I TO PHASE II FOR UNDERGROUND DISTRICT NO. 11 WHEREAS, the City Council at its regular meeting of April 7, 2009 ordered a public hearing to revise phasing priority (from phase I to phase II) for District No. 11, at the hours of 5:00 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, staff recommends that the phasing priority for such an Underground Utility District No. 11, herein after called District, be revised (from phase I to phase II), to encompass the area described below: The area starting at the center line of Fernwood Ave. and State St., Then West on Fernwood Ave., 1023 feet to the center line of Beechwood Ave., thence, from the center line of state St. and Beechwood Ave., to 383 feet south on State St. to the southerly center lines of State St. and Fernwood Ave. WHEREAS, City staff has notified the affected property owners and utility companies of the public hearing; and WHEREAS, such hearing has been duly and regularly held and all persons interested have been given an opportunity to be heard. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER AND RESOLVE 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 Attachment "A & B", and hereby incorporated as a part of this resolution, is a map de~ineating 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 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 December 31, 2010. 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 appiicable rules, regulations and tariffs of the respective 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 21S` day of April, 2009. ~~~ ~~~ Ma iar T. Santillan Mayor ATTEST: ~ ~ Maria Quinone City Clerk Roger L. Hale City Manager APPROVED AS TO FORM: " ~~'`~~~ Fred Galante City Attorney STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) ) SS. 1 APPROVED AS TO CONTENT: . t ~~ ~ G. Daniel Ojeda, P.E. Director of Public Works / City Engineer I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 215` day of April, 2009. AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO, AND SANTILLAN NOES: NONE ABSENT: NONE ABSTAIN: NONE / ! i ~ ~ ~ Maria Quinonez, City Clerk STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true and correct copy of Resolution No. 2009.064 on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 215~ day of April, 2009. ~ , aria Quinonez, City Clerk oo~`~ p~•~ ~ ~O ~ Z J O J Q 0 ~ U = ? U J f/j~ l 0 O ~ T ^ ~ U ~ `~~~~{= 0 w 0 ~ ~a~ ~ , -~,~~~ , ~~ 0 ow ~_~ } 3 .- z o ~ ~ ~ ~ ~ ~ J V ~_~ 006(~ ^ 31 bl O / \ ~ po5~t oo9u V, ~ W 9 ~ A J ~. ~ ~ ~ Q ~ Z W ~ P ~ ~ O W ~ ~ ~ o O ~ ~ ~- cv m ~ ~ m ~ ~ ~ ~ F- ~ ~ ~ w Z ~ v o 0 0 ~ ~ ~ m ~ a a a ~ ~ ~ ~ W o W ~ ~ ~ ~ ~ ' ~ ~ / 3~1b ~ .~ ~ L ~ ~ ~'" ~ ~ m ~I ~ ~) N ~ ~ f~-' a" d