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HomeMy WebLinkAboutRESO 6077·• . . • • JH~C:cp 10/20/82 5664C ORIGINAL RESOLUTION NO. 6077 A RESOLUTION OF INTENTION TO AMEND SECTION 12.16.020 OF CHAPTER 12. 16 OF TITLE 12 OF THE PALO ALTO MUNICIPAL COOE BY ESTABLISHING UNDERGROOND UTILITY DI STRICT NO. 24 RESOLVED, by the Council of the City of Palo Alto, California, as follows: l. That in its opinion the public necessity, health and safety require and that it is the intention of said Council, pursuant to Section 12.16.040 of Chapter 12.16 of Title 12 of the Palo Alto ftmicipal Code, to amend Section 12.16.020 of said Code by ordering the establishment of an underground utility district and to prohibit the construction in and require the removal from said proposed district of all poles and overhead lines af'(d associated overhead structures used or useful in supplying electric, com11.mication or similar or associated services. 2. That the name of the proposed district is li'lderground Utility District No. 24 of the City of Palo Alto. 3. That the description of the area C""'1rising said proposed district is as follows: All lands within the area of the City of Palo Alto bounded by Alma Street, Lytton Avenue, Ramona Street and Forest Avenue plus the area bounded by lkl iversity Avenue, Bryant Street, Hami lto:i Avenue and Ramona Street plus the area bounded by COwper Street, University Avenue, \ilebster Street and alleyway hetween Cowper Street and Webster Street plus assessor's parcel nunmer 120-3-68 lxated on Cowper Street, Assessment Parcel ftarber l.20-27-045 located on Alma Street and Assessment Paree l Number 120-27-047 located on High Street. all as more particularly delineated on that certain map entitled lllJnderground Utility District No~ 24•, on file in the office of the City Clerk • . 4. That from and after the effective date of the establishment of said proi)osed distri~t no person ar utility shall erect or construct within said district any pole, overhead line er associated overhead structure used or useful in supplying electric, catmlinication or similar or associated services. 5. That within ninety {90) days from the date of tile conpletion and acceptance of the proposed underground faci lit 1es within said district to be constructed, all poles and overhead lines and associated structures used or useful in supplying electric, coaaunication and similar or associated services tn sa1o proposed district sha.11 be re110Yed, and from and after said date no person or utility shall use or naaintain such facilities w1th1n said proposed district. 6. That NOTICE IS HEREBY GIVEN that f.bnday, the 10th day of January, 1983, at the hour of 7:30 o'clock p.11.., 1n the regular meeting place of said Council, City Hall, Palo Alto, California, are hereby fixed as the time and place when o.nd where said Council shall hear all protests and receive evidence for and against tne action herein proposed, and when and wnere said Council shall consider am fina.l ly deten11ne whether the public necessity, health and safety require the tstablishment of said distrfr.t and the re110V11 of poles, overhead wires and associated overhead structures and the underground 1nsta llatton of wires and fac 111t1es for-S1$P lying electric, r.cwmznicat ion or sim111t' associated services in the d tstrict hereinatlove described. 7. That at said hearing all persons interested shall btt given an opportunity to be heard. Said hearing my be cont1nued from t1me to t1me 1s uy be determ1 ned by said Counc i 1. . . • • 8. That at said hearing said Council will take evidence and consider the quest1an of whether such undergrounding is in the genera~ pub He interest for one or more of the following reasons: Such underground ing wil 1 avoid or eliminate an unusua l1y heavy concentration of overhead distribution facilities, or the reconstructioo of an existing pole 11ne. Said street or road er right-of-way is extensively used by the genera 1 pub He and carries a heavy volume of pedestrian and vehicular traffic. Said street or right-of-way is scheduled for major new roadway construction, reconstruction. or realignment. Said street or road or right of way adjoins or passes through a c iv 1c center. ~ That thP. City Clerk of this City st.all give notice of s&id hearing by ma1 ling copies of this resolution to al 1 property owners within said proposM district as shown on the l11st equa 11zed tax ro 1\ of the County of Santa Clara. and to all utilities supplying electric. COIRJnication ur similar or assoc1ated services with1n said proposed district, said mailing to be co""leted at least thirty (ll) days prior to the date of said hearing. 10. That the City Clerk is hereby authorized and directed to include in said not ice a statement to the effect that any affected owner has the option of p~ing the cost of converting his service connection to underground locations over a per1od of ten {10} years. w1th interest to be computed at a rate equal to three quarters oi one percent (3/4 of li) in excess of the rate shown in the New York Bond Buyer Index of ~n fc .pa 1 Bond Average Yie Ids for 20 bonds fer the .eek next preceding the day oo which the underground utility district is ordered and fon1ed .. 11. That the notice shall also set forth the estimated base cost. 1nc1dental expense and special assessment as said tenas are definsl in Section 12. 16.092 of the Palo Alto fltlnic1pa1 Code, an.J the fact that the City, &e>on exerc 1se of the opt ion and the KCOIP 11shllent of the underground ccnstruct1on "°rk as required by Section lZ.16.090 of said Clide, w111 pay the base cost to the owner who ICCOllP11Shes the underg,.ound construction, subject to the payment of the amunt of the special assessfiH!ftt in the manner in the mamer provided in said Code. * • * * * * * * • • * I hereby certify :hat the foregoing is a ful 1, true and correct copy of a resolution cllly passed and adopted by ~ Council of the City of Palo Alto, ca 11fornia, at a meeting thereof held on the .ll.o..d~ of noyember • 1982, by the follow1ng vote of the lled>ers thereof: AYES, and 1n f&Vtr thereof~ Counc1111et1Ders: Bechtel,. Cobb, Eyerly, Fazzino, Fletcher, Klein. Levy. Renzel, Witherspoon NOES, Counc 1 lMllbers: None ABSENT. Counct lmellbers: None 2 • .. # • WUSTElt $ -...,__..,, n ,----1 I , . I· J z ~ I !i .___ -~ ._____J I I I l l ! i I ---UndlrglOUftd Dillllct Boundary -Partdltl Lots . =---UNDER8ROUND UTIUTY DISTRICT 1-•·~-=• . .JlrL,U.._ ~--~~ N0.24 acmt CITY OF PALO ALTO. CALl=OINIA · 10 au