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1995-081 Formation of Underground Utility District 7 RESOLUTION NO. 95-81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS APPROVING THE FORMATION OF AN UNDERGROUND UTILITY DISTRICT TO BE KNOWN As "UNDERGROUND UTILITY DISTRICT NO. VULCAN AVENUE, D, E, AND F STREETS, MCNEILL AVENUE, FIRST AND SECOND STREETS IN THE OLD ENCINITAS AREA WHEREAS, Public Commission Rulin 8209 ~tember ~9, 1967, established ~ro~e~ ~ ~assed and adopted on nuergroun~ utility district° ~ ~- ,=uure~ ~or the creation of ~ ~ ~ucal gOvernment agencies; WHEREAS, a Public Hearing was held on August 23, 1995 to determine whether the public health, safety or general welfare required the removal of poles, Overhead wires and associated structures and the underground installation of wires and facilities for supplying electric, Communication, cable television or similar or associated work in the Old Encinitas area; WHEREAS, such hearing has been duly and regularly held, and all persons interested have been given an opportunity to be heard; WHEREAS, the City Council of the City of Encinitas approved the formation of an underground utility district, to be known as "Underqround Utility District No. 7~, the boundaries and limits of which are as follows: Vulcan Avenue from D Street to F Street, D Street from Vulcan Avenue to 540 feet east, E Street from its westerly terminus to Cornish Drive, F Street from Vulcan Avenue to 80 feet east, McNeill Avenue from Vulcan Avenue to 200 feet east, First Street from 90 north of E Street to F Street, Second Street from E Street to 90 south as shown on Attachment "A" and on file in the office of the City Engineer; WHEREAS, the City Council authorized the use of the City's allocated funds from San Diego Gas and Electric for the District; WHEREAS, this action is exempt from the provisions of the California Environmental Quality Act of 1970 under City guidelines for implementation of said Act, as amended. RES4668 NON THE~Fo~ BE IT ~BOL~D that the City Co~cil of me City of Encinitas approves~e fo~ation of Underground Utility District No. 7, in accord~ce with the following: 1. ~e project as proposed is consistent with the City of Encinitas General Plan and General Circulation Element. 2. The project as proposed complies wi~ the California Enviro~ental Quality Act since it is exempt from enviro~ental review. 3. The project as proposed complies with me ~les and regulations set forth in Public Utility Co~ission of the State of California ~ling 8209, governing the Use of allocated f~ds for underground conversions. PASSED AND ADOPTED this 20th day of September the following Vote to wit: -- - , 1995 by AYES: Aspell, Bond, Davis, DuVivier, Hano ~YS: None ~STAIN: None Chuck DuVivier, Mayor City of Encinitas ATTEST: Deborah Ce~on~, City Clerk RES4668 ,0S,