HomeMy WebLinkAboutCC Resolution 9431 (Underground Utility District)RESOLUTION NO. 9431
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN RAFAEL ESTABLISHING UNDERGROUND UTILITY
DISTRICT IN THE VICINITY OF "A" STREET, SECOND AND
THIRD STREETS
BE IT RESOLVED by the Council of the City of San Rafael as follows:
WHEREAS, a public hearing was called for Monday, August 7, 1995 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 "Proposed"A"
Street, Second Street and Third Street. Rule 20A Underground District" and dated
October 1994; 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 all
persons interested have been given an opportunity to be heard.
NOW, THEREFORE, BE IT 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
"Underground Utility District in the vicinity of "A" Street, Second and Third Street".
RESOLVED, FURTHER, that the Council does hereby fix June 1,
1996 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
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and associated overhead structures and the underground installation of wires and
facilities for supplying electric, communication, or similar or associated service within
said Underground Utility District on or before December 1, 1996;
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 7th day of August, 1995, by
the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Zap.pet ni
DISQUALIFIED: COUNCILMEMBERS: Zappetini (due to Conflict of Interest)
JEP�NE M. LEONCI I, City Clerk