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HomeMy WebLinkAboutResolution No. 5892RESOLUTION NO. 5892 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ESTABLISHING FRANCISCO BOULEVARD EAST 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, April 7, 1980, at the hour of 8:00 P.M. in the Council Chambers in the City Hall, San Rafael, California, to ascertain whether the public neces- sity, health, safety or welfare requires the removal of poles, over- head wires and associated overhead structures, and the underground installation of wires and facilities for supplying electric, communi- cation, or similar or associated service, within that certain area of the City described as follows: All those properties contiguous to Francisco Boulevard East from its northwesterly terminus to Bellam Boule- vard, including any non-contiguous properties, as designated by the utility companies, currently receiving utility services from Francisco Boulevard East, all as shown on the attached map; and WHEREAS, notice of such hearing has been given to all affect- ed 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 which was continued to April 21, 1980 at the hour of 8:00 P.M. 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 Francisco Boulevard East Under- ground Utility District of the City of San Rafael. Attached hereto, marked "Exhibit A", and hereby incorporated as a part of this Resolu- tion, is a map delineating the boundaries of said District; RESOLVED, FURTHER, that the 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 Francisco -1- RESOLUTION NO. 5892 Boulevard East Underground Utility District in accordance with the following conditions and time schedule: 1. An Assessment District of property owners with frontage on Francisco Boulevard East shall be formed for the construction of street frontage improvements and other roadway improvements on or before October 1, 1980. 2. After said assessment district has been legally formed, the Utility Companies shall commence work and complete the underground installations and be ready to begin the transfer of customers to that system by August 1, 1981. 3. Those property owners within the Francisco Boulevard East Underground Utility District, who have not already done so, shall make arrangements to have their utility service converted and final connection and transfer from the over- head system to the underground system by November 1, 1981. 4. Utility Companies shall be prepared to begin removal of the overhead system by November 1, 1981, with final removal by February 1, 1982. RESOLVED, FURTHER, that should the aforementioned Assessment District not be formed by October 1, 1980, then no utility underground- ing shall commence until said Assessment District is formed. RESOLVED, FURTHER, that the City Clerk is hereby instructed to notify all affected utilities and all persons owning real property within Francisco Boulevard East 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, unless they have already done so, shall, by the date fixed in this resolution, provide all necessary facility changes on their premises so as to re- ceive such service from the lines of the supplying utility or utilities at a new location, subject to applicable rules, regulations and tariffs -2- RESOLUTION NO. 5892 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 as such 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, California, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City held on the 21st day of April 1980, by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Qc-C JEANNE M. LEONC NI, City Clerk SA I 1 I Of 1 � on�� 10 1 I I j 0 0•j I� uQ�y �1 I I Of 1 1 I I I� i