HomeMy WebLinkAboutRESO 592837 JHHW:SRC:pl 06/09/81
ORIGINAL
~ESOLUTION NO. 5928
A RESOLUTION Of INTENTION TO Afif:NO SECTION 12.16.020 OF
CYAPTER 12.16 OF TITLE 12 OF THE PALO ALTO MUNICIPAL
CODE BY ESTABLISHING UNDERGROUND UTILITY
. DISTRICT NO. 23
RESOLVED, by the Council of the City of Palo Alto, California, • :;
fo11ow~:
1. That in its opinion the publ "'!".. -.iecessity, health and safety requi!"e
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 ttlnicipal Code, to CMnend Sect1on
12.16.020 of said Code by ordering the establishment of an underground u•ility
district and to prohibit the construction in and require the removal from sa:j
proposed district of all poles and overhead lines and associated overhead
structures used or useful in supplying electric, c011111Unication or similar or
associated services.
2. That the name ~f the proposed district is Underground Utility
District No. 23 C'f the City 1f Palo Alto.
3. That the descrirtion of the area comprh·ing said proposed district
is as fo1lows:
All 1ands within the area of the City of Palo Alto
generally bounded by Hamil ton Avenue. Map~ -a ~treet, San
Francisquito Creek and Island Drive -
all as more particularly delineated on that certain map eritith~d "Underground
Utility District No. 23", on file in the office of the City Clerk.
4. That from ind after the effective date of the establishment of saic!
proposed district no person or utility shall erect or construct within sa1d
district any pole, overhead 1 ine or associated overhead structure used or
useful in supplying electric, c00111Unication or similar or associated services.
5. That within ninety (90) days fran the date t.;t the completion and
acceptance of the proposed underground facilities within said district to be
constructed, all poles and overhead lines and associated structures used or
useful in supplying electric, conmunication and similar or associated services
in said proposed district shail be removed, and fran and after said date no
person or utility shall use or maintain such facilitiec: within said proposed
district.
6. That NOTICE IS HEREBY GIVEN that Monday, the 3rd day of. August,
1981, at the hour of 7:30 o'clock p.m., in the regular meeting place of said
Council, City Hall, Palo Alto, California, are hereby fixed as the ti~ and
place when and where $aid Council shall hear all protests and rgi;e·:ve evidencf'
for and against the action herein proposed, and ~hen and where said Counci 1
shall consider and finally determine whether the public necessity, health and
safety require the establishment of said district and the removal of polfts,
overhead wires and associated overhead structures and the underground
installation of wires and facilities for supplying electric~ cora.micatior. or
simi 'iar assocf ated services in the district hereinabove descri:1ed.
7. That at said hearing all persons interested sh ill be ghen an
opportunity to be heard. Said hearing may be continued frc.rn time to time as
may be determined by said Council.
8. That at said hearing said Council will take evidence and considv·
the question of whether such undergrounding is 1n the general public interest
for one or more of the following reasons:
. ..
Such undergrounding will avoid or eliminate an unusually
heavy concentration of overhead distribution fac11 ities,
or the reconstruction of an existing pole line.
Said street or road or right-of-way is extensively used
by the general public 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 civic center.
9. That the City Clerk of this City shall give notice of said hearing
by mailing copies of this resolution to all property owners within said
proposed district as shown an the last equalized tax roll of the City~ and to
all util~ties supplying electric, c0111nunicat1on or similar or associate
services within said proposed district, said mailing ) be completed at least
thirty (30) days prior to tile date of said hearing.
10. That the City Clerk is hereby authorized and directed to include in
said notice a statement to the effect that any affected owner has the option
of paying the cost of converting his service connection to underground
locations over a period of f.;ve (5) years, with interest to be computed at a
rate equal to three quarters of one percent (3/4 of 1%) in excess of the rate
shown in the New York Bond Buyer Index of Municipal Bond Average Yields for 2~
bonds for the week next preceding the day on which the underground utility
district is ordered and formed.
11. That the notice shall-=tlso set forth the e~timated base cost,
incidental expense and special assessment as said terms are defined in Section
12 .. 16.092 of the Palo Alto Municipal Code, and the fact that the City, upon
exarcise· of the option and the accomplishment of the underground construction
work as required by Section 12.16.090 of said Code, will pay the base cost to
the owner who accomplishes the underground construction, subject to the
payment of the amount of the spec i a 1 assessment in the manner in the manner
provided in said Code.
* * * * * * * * * * *
I hereby certify that the foregoing is a full, true and correct copy of
a resolution duly passed and adopted by the Council of the City of Palo Alto,
California, at a meeting thereof held on the 22Id day of July , 1981, by
the following vote of the members thereof: ~
AYES, and in favor thereof, Counc1lmembers: Bechtel, Eyerly, Fazzioo, Fletcher,
Herderson, Kelin, ~, Renze! NOES, Counc11members:None
ABSENT, Counc i lmembers: None ~
~, Councilnett>ers: WitherspoOn /?A_ ... j ~
City~e City of Palo Alto
APPROVED:
~~
APPROVED:
JONES HALL HILL & WHITE,
A Professional Law Corporation, Bo: _:::-;m; . BY~M~ 2
CITY OF PALO ALTO. CALIFORNIA