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HomeMy WebLinkAboutRESO7637• • RESOLUTION NO. 7637 RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO DECLARING ITS INTENTION TO AMEND SECTION 12.16.020 OF CHAPTER 12.16 OF TITLE 12 OF THE PALO ALTO MUNICIPAL CODE BY ESTABLISHING UNDERGROUND UTILITY DISTRICT NUMBER 37 The Council of the City of Palo Alto does RESOLVE as follows: SECTION 1. In its opinion, the public necessity, health and safety require, and it is the intention of the Council, pursuant to Section 12.16.040 of Chapter 12.16 of Title 12 of the Palo Alto Municipal Code ("Code"), to amend Section 12.16.020 of Chapter 12.16 of the Code, by ordering the establishment of an Underground Utility District ("District") and to prohibit the construction in and require the removal from the proposed District of all poles and overhead lines and associated overhead structures used or useful in supplying electric, communication or similar and associated services. SECTION 2. The number of the proposed District is Underground Utility District Number 37 of the City of Palo Alto, commonly known as Embarcadero/Middlefield Road. SECTION 3. The description of the area comprising the District is as follows: All of the area in the County of Santa Clara, City of Palo Alto, encompassing the areas contiguous with portions of Embarcadero Road, Middlefield Road, Seale Avenue, Byron Street, Bret Harte Street, Mark Twain Street, Newell Road, Guinda Street, Fulton Street and Tennyson Avenue, all as more particularly described on that certain map entitled "Embarcadero/Middlefield Road Underground Utility District Number 37," on file in the office of the City Clerk. SECTION 4. From and after the effective date of the establishment of the proposed District, no person or utility shall erect or construct within the District any pole, overhead lines or associated overhead structure used or useful in supplying electric, communication or similar associated services. SECTION 5. Within ninety (90) days from the date of the completion and acceptance of the proposed underground facilities within the District to be constructed by the City of Palo Alto and the Pacific Bell Company, all poles and overhead lines and associated structures used or useful in supplying electric, communication or similar and associated services in the proposed District shall be removed, and from and after the date no person or utility shall use or maintain such facilities within the proposed District. Additional notice shall be given after the completion date has been precisely determined. SECTION 6. NOTICE IS HEREBY GIVEN that Monday, the 13th day of January, 1997, at the hour of 7:00 o'clock p.m., in the regular meeting place of is City Council, Civic Center, Palo Alto, California, is hereby fixed as the time and place when and where the Council shall hear all protests and receive evidence for and 1 961022syn 0071068 • • against the action herein proposed, and when and where the Council shall consider and finally determine whether the publicnecessity, health and safety require the establishment of the District and the removal of poles, overhead wires, and associated overhead struc- tures, and the underground installation of wires and facilities for supplying electric, communication and similar or associated services in the District hereinabove described. SECTION 7. —At the public hearing, all persons interested shall be given an opportunity to be heard. The hearing may be continued from time to time as determined by the Council. SECTION 8. The Electrical Engineering Manager, Department of Utilities, City of Palo Alto, is hereby designated as the person to answer inquiries regarding the protest proceedings, to be had herein and may be contacted during regular office hours at Palo Alto Civic Center, 250 Hamilton Avenue, Palo Alto, California, 94301, or by calling (415) 329-2365. SECTION 9. The Clerk of the City shall 9'ive notice of the public hearing by publishing notice of the public hearing andthe director of utilities shall mail copies of this resolution to all property owners within the proposed District as shown on the last equalized tax roll of the City, and to all utilities supplying electric, communication or similar or associated services within the proposed District, the mailing to be completed at least thirty (30) days prior to the date of the public hearing. The Clerk is authorized to include in the notice to be mailed a statement to the effect that any affected property owner has the option of paying the cost of converting his or her or their service connection to underground locations over a period of years. Such notice shall conform to Section 12.16.092 of Chapter 12.16 of Title 12 of the Code. INTRODUCED AND PASSED: December 2, 1996 AYES: ANDERSEN, FAZZINO, HUBER, KNISS, MCCOWN, ROSENBAUM, SCHNEIDER, WHEELER NOES : SIMITIAN ABSENT: ABSTENTIONS: ATTEST: City Cle APPROVED AS TO FORM Dire Dep" City Manager, Administrative Services 2 961022 Fyn 0071068