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HomeMy WebLinkAboutCC Resolution 9920 (Underground Utility District)RESOLUTION NO. 9 9 2 0 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ESTABLISHING AN UNDERGROUND UTILITY DISTRICT IN THE VICINITY OF 2ND SREET, 3RD STREET, LINDARO STREET, AND LINCOLN AVE. (LINDARO STREET UNDERGROUND UTILITY DISTRICT) BE IT RESOLVED by the Council of the City of San Rafael as follows: WHEREAS, a public hearing was called for Monday, September 15, 1997 at the hour of 8:00 P.M. in the Council Chambers in the City Hall, San Rafael, 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 or associated service, within that certain area of the City described as follows: All those properties contained within the boundary of the proposed underground utility district as shown on the map attached hereto marked "Exhibit A", entitled, "Lindaro Rule 20A Boundary" and dated 12/31/96; and WHEREAS, notice of such hearing has been given to all affected property owners as shown on the last equalized assessment roll and utilities concerned in the manner and for the time required by law; and WHEREAS, such hearing has been duly and regularly held, and persons interested have been given an opportunity to be heard. NOW, THEREFORE, IT IS HEREBY ORDERED AND RESOLVED by the Council of the City of San Rafael, that pursuant to Ordinance No. 905 of the City of San Rafael, the above described area is hereby declared an Underground Utility District, and is designated as, "Lindaro Street Underground Utility District." RESOLVED FURTHER, that the Council does hereby fix February 1, 1999, 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 (with the exception of facilities required for the transmission of electrical power equal to or greater than 60kv), and the underground installation of wires and facilities for supplying electric, communication, or similar or associated service within said Underground Utility District by December 1, 2000. RESOLVED FURTHER, that the utility which undertakes underground installation of its facilities shall use the underground conversion allocation computed pursuant to decisions of the Public Utilities Commission of the State of California for the purpose of providing to each premises in said Underground Utility District requiring it a maximum of one hundred feet of individual electric service trenching and conductor, as well as backfill, paving and conduit, if required. Each other serving utility will provide service trenching and conductor in accordance with its tariffs on file with the California Public Utilities Commission or as required by its Franchise Agreement with the City of San Rafael. Each property owner in said Underground Utility District shall be responsible for the installation and maintenance of the conduit and termination box located on, under or within any structure on the premises served. RESOLVED FURTHER, that the City Clerk is hereby instructed to notify all affected utilities and all persons owning real property within said Underground Utility District 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 necessity that, if they or any person occupying such property desire to continue to receive electric, communication 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 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. 905, to affected property owners such as are shown on the last equalized assessment roll and to the affected utilities; RESOLVED FURTHER, that the Council hereby finds as follows: The Underground Utility District herein created is in the general public interest for the following reasons that are preceded by an "X": (X) a. "The undergrounding to be accomplished will avoid or eliminate an unusually heavy concentration of overhead distribution facilities", (X) b. The streets, roads or rights of way in the District are extensively used by the general public and carry a heavy volume of pedestrian or vehicular traffic", (X) c. The said streets, roads or rights of way adjoin or pass through", (X) 1. "a civic area" () 2. "a public recreation area" () 3. "an area of unusual scenic interest to the general public". I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on Monday, the 15`x' day of September, 1997, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JE NE M. LEONCINI,City Clerk ooL � resr o a ' J 1 x EXHIBIT "A" s g BROOKS STREET g` u L O I u I " ' O V r all m g I� • • e n o u 1 � je LOOTE � e � n e STREET a UNOARO STREET _ o Ln fn F' n Q �J ♦t m1 s ti / RRR � ( f— u~ L 9 I S O ❑ � � e i o I 1 i Dal O e � w oe< � � T 0 0/ o C ' • TAMALPAIS AVE. a TAMA r N p m rn MMMJ SST. r e ~ ~ E R Project Name CFO bou-.1. #MP -d s a LINDARO RULE 20A J— BOUNDARY Plans & Details City of12/13/96 San Rafael