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HomeMy WebLinkAboutRESO 5022.. • .. • ~ML:KJmh 10-17-7~-60 ORIGINAL RESOLUTION NO. 5022 A RESOLUTION OF 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 NO. 18 RESOLVED, by the Council of the City of Palo Alto, California, as follows: 1. 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 Municipal 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 over- head lines and associated overhead structures used or useful in supplying electric, communication or similar or associated services. 2. That the name of the proposed district is Underground Utility District No. 18 of the City of Palo Alto. 3, That the description of the area comprising said proposed dis- trict is as follows: San Antonio Avenue from near the southerly approach to the Bayshore Freeway interchange southerly to Middlefield Road, all as more particularly delineated on that certain map entitled "Pro- posed U. G. Utility District No. 18", on file in the office of the City Clerk. 4. That from and after the effective date of the establishment of said proposed district no person or utility shall erect or construct within said district any pole, overhead line or associated overhead structure used or useful in supplying electric, communication or similar associated services. 5. That within ninety C9o) days from_ the date of the completion and acceptance of the proposed underground facilities within said dis- trict to be constructed, all poles and overhead lines and associated structures used or useful in supplying electric, communication and similar • • • or associated services in said proposed district shall be removed, and from and after said date no person or utility shall use or maintain such facilities within said proposed district. 6. That NOTICE IS HEREBY GIVEN that Monday, the i6+h day of December , 1974, at the hour of 7:30 o'clock P.M., in the regular meet- ing place of said Council, Civic Center, Palo Alto, California, are hereby fixed as the time and place when and where said Council shall hear all protests and receive evidence for and against the action herein proposed, and when and where said Council shalJ. consider and finally determine whether the public necessity, health and safety require the e~tablishment of said district and the removal of poles, overhead wires and associated overhead structures and the underground installation of wires and facili- ties for supplying electric, communication or similar associated services in the district hereinabove described. 7. That at said hearing all persons interested shall be given an opportunity to be heard. Said hearing may be continued from time to time as may be determined by the Council. 8. That at said hearing the Council will take evidence and con- sider the question of whether such undergrounding is in the general public interest for one or both of the following reasons: Such undergrounding will avoid or eliminate an unusually heavy concentration of overhead distribution facilities; 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. 9. That the City Clerk shall give notice of said hearing by mailing copies of this resolution to all property owners within said proposed dis- trict as shown on the last equalized tax roll of the City, and to all utilities supplying electric, communication or similar or associated services within said proposed district, said mailing to be completed at least thirty (30) days prior to the date of said hearing. 10. That the City Clerk is hereby authorized and directed to include ln 3aid notice a statement to the effect that any affected owner has the 2 • • • • • • option of paying the cost of converting his service connection to under- ground locations over a period of five <~5_) years, with interest to be computed at a rate equal to three-quarters of one percent (3/~ of 1%) in excess of the rate shown ir. the New York Bond Buyer Index of Municipal Bond Average Yields for 20 bonds for the week next preceding the day on which the underground utility district is ordered formed. 11. That the notice shall also set forth the estimated 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 exercise of the option and the accomplishment of the under- ground construction work as required by Section 12.16.090 of said Code, will pay the base cost to the owner who accomplishes the underground con- struction, subject to the payment of the amount of the special assessment 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 29th day of Ogto'ber , 1974, by the following .vote of the members thereof: AYES, and in favor thereof, Councilmen: Beahrs, Berwald, Clay, Comstock RendersQn, Pearson, Rosenbaum, Sher NOES, Councilmen: None ABSENT, Councilmen: Norton APPROVED: City Clerk of t 6"',.._,._ o_9'*" ~ Mayor Approved: 3