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HomeMy WebLinkAboutResolution 30-94 RESOLUTION NO. 30 - 94 RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO ESTABLISHING THE BOUNDARIES FOR UTILITY UNDERGROUNDING DISTRICT NO. 3 (MORRO ROAD AND AMAPOA AVENUE) BE IT RESOLVED by the Council of the City of Atascadero as follows: WHEREAS, a public hearing was called for on April 26, 1994 at the hour of 7:00 p.m. or later in the Council Chambers in the City Hall, Atascadero, California, to ascertain whether the public necessity, health, safety or welfare required 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 as indicated in the attached Exhibit "A"; and WHEREAS, notice of such hearing was given to all affected property owners as shown on the last equalized assessment roll and to all affected utilities, in the manner and for the time required by law; and WHEREAS, such hearing was duly held, and all interested persons were given an opportunity to he heard; and WHEREAS, the Council determined after hearing on the subject that the Underground Utility District herein created is in the general public interest for the following reasons: 1 . The City of Atascadero wants to improve the image and appearance of the city by placing all overhead utilities (for electricity, telephone and cable TV) underground in various highly visible land use zones. 2. The city's Underground Utilities Coordinating Committee has recommended conversion to underground utilities in the area described above. 3. The area mentioned above passes through a civic area; and WHEREAS, the Atascadero General Plan calls for the undergrounding of utility lines, particularly in the business district. Resolution No. 30 - 94 Page 2 NOW, THEREFORE, BE IT RESOLVED by the Council and the City of Atascadero that, pursuant to Ordinance No. 153 of the City of Atascadero, the area indicated in the attached Exhibit "A" is hereby declared an Underground Utility District and is designated as Underground Utility District No. 3 of the City of Atascadero and is hereby incorporated as a part of this resolution. RESOLVED, FURTHER, that the Council does hereby fix December 1, 1995 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. 3 on or before June 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 Underground Utility District No. 3 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. Each property owner in Underground Utility District No. 3 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 Underground Utility District No. 3 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. 153 to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities. Resolution No. 30 - 94 Page 3 On motion by Mayor Nimmo, seconded by Councilmember Luna the following resolution is hereby adopted in its entirety on the following roll call vote: AYES: Councilmembers Luna, Borgeson, Bewley, Highland and Mayor Nimmo NOES: None ABSENT: None ADOPTED: April 26, 1994 ATTEST: CITY OF ATASCADERO, CALIFORNIA Q f By: CINDY WI INS, Deputy City Clerk ROBERT P. NIMMO, Mayor APPROVED AS FORM: 40iWAtttorney /k�,e.� raa�vus c�nvyc� w ,,�� fir,,, � �i I �••• MA PIP WIN it► rr► ww_ to=[ ago �' f lliii�FA