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HomeMy WebLinkAboutCC Resolution 4363fol lows: RESOLUTION NO. 4363 ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 5 BE IT RESOLVED by the Council of the City of San Rafael as WHEREAS, a public hearing was called for Monday, January 15, 1973, 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 contiguous to FRANCISCO BLVD. EAST from the easterly line of Irwin Street to the westerly line of Bellam Boulevard. 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. 5 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; RESOLVED, FURTHER, that the Council does hereby fix 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 installation of wires and facilities for supplying electric, communication, or similar or associated service within Underground Utility District No. 5 on or before June 30, 1975; RESOLVED, FURTHER, that no P.U.C. Rule 20 money shall be used for the undergrounding of utilities within Underground Utility District No. 5 without direct authorization of the City Council; c 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. 5 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 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' " RESOLVED, FURTHER, that said Ordinance No. 905 and this resolution shall apply to the following types of facilities that are preceded by an "X"• MAW ( ) 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 (exclusive of supporting structures) crossing any portion of a District within which overhead wires have been prohibited, or connecting to buildings on the perimeter of the District, when such wires originate in an area from which poles, overhead wires and associated overhead structures are not prohibited; ( ) d. Poles, overhead wires and associated overhead structures used for the transmission of electric energy at nominal voltages in excess of 34,500 volts; ( ) e. 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; { ) f. Antenna, associated equipment and supporting structures, used by a utility for furnishing communication services; ( ) g. Equipment appurtenant to underground facilities, such as service mounted transformers, pedestal mounted terminal boxes and meter cabinets and concealed ducts; ( ) h. 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 15th day of January, 1973, by the following vote of the members thereof: AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None ATTEST: MARION A. GRADY, City Clerk 3