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HomeMy WebLinkAboutCC Resolution 4119RESOLUTION NO. 4119 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 4 SOUTH SAN PEDRO ROAD WIDENING - PHASE IV BE IT RESOLVED by the Council of the City of San Rafael as follows: WHEREAS, a public hearing was called for Tuesday, October 26, 1971, at the hour of 8:00 P.M. in the Supervisor's Chambers at the Marin County Civic Center, 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: Beginning at the intersection of the centerlines of South San Pedro Road and Lochinvar Road, and ending at a point approximately 503 feet east of the intersection of the centerlines of South San Pedro Road and Riviera Drive as shown on "EXHIBIT All attached hereto and made a part hereof by reference. Excepting therefrom all property within the described area which is not within the San Rafael City Limits. 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 No. 4 of the City of San Rafael. Attached hereto, marked "Exhibit All, and hereby incorporated as a part of this resolution, is a map delineating the boundaries of said District; BE IT FURTHER RESOLVED, that the City Council does hereby fix June 30, 1973, 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 and the underground installa- tion of wires and facilities for supplying electric, communication, or similar or associated service within Underground Utility District No. 4 on or before September 30, 1973. RESOLVED, FURTHER, that the City Clerk is hereby instructed to notify all affected utilities and all persons owning real property within Underground Utility District No. 4 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 as such are shown on the last equalized assessment roll and to the affected utilities. Property owners are advised to contact an electrical contractor of their choice so that the necessary facility changes (electric, telephone and other services) on their premises can be accomplished. All costs for this aspect of the work shall be paid for by the property owner; 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 over- head 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: ( ) 1. 'a civic area' ( ) 2. 'a public recreation area' ( X ) 3. 'an area of unusual scenic interest to the general public"' RESOLVED, FURTHER, that said Ordinance No. 905 and this Resolution shall apply to the following types of facilities that are preceded by an "X": M.lc ( ) a. Any municipal facilities or equipment installed under the supervision and to the satisfaction of the City Engineer; ( ) b. Poles or electroliers used exclusively for street lighting; ( ) c. Overhead wires attached to the exterior surface of a building by means of a bracket or other fixtures and extending from one location on the building to another location on the same building or to an adjacent building on the same lot without crossing any public street; ( ) d. Antenna, associated equipment and supporting structures, used by a utility for furnishing communication services; ( ) e. Equipment appurtenant to underground facilities, such as service mounted transformers, pedestal mounted terminal boxes and meter cabinets and concealed ducts; ( ) f. Temporary poles, overhead wires and associated overhead structures used or to be used in conjunction with construction projects. I hereby certify that the foregoing is a full, true and correct copy of a resolution duly passed and adopted by the City Council of the City of San Rafael, California, at a meeting thereof held on the lst day of November 1971 by the following vote of the members thereof: AYES: COUNCILMEN: Barbier, Miskimen, Mulryan and Acting Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini ATTEST: MARION A. GRADY, City Clerk -3- S l E-� '� 4