HomeMy WebLinkAboutRESO 5818ORIGINAL
RESOLUTION NO. 5818
A RESOLUTION OF INTENTION TO rMENO SECTION 12.16.020 OF
CHAPTER 12.16 OF TITLE i2 OF THE PALO ALTO MUNICIPAL
CODE BY ESTABLISHING UNDERGROUND UTILITY
DISTRICT rm. 22
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 Stction 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 estab1ishment of an ~nderground utility
district and to prohibit the construction in and require the removal from said
proposed district of all poles and overhead lines and associated overhead
structures· used or useful in supplying electric, corrmunication or similar or
associated services.
2. That the nane of the proposed district is Underground Utility
District No. 22 of the City of Palo Alto.
3. That the description of the area comprising said proposed district
is as follows:
All lands within the area of the City of Palo Alto bounded l>y
Cambridge Avenue, fl Camino R~al, Sherman Avenue and Park Boulevard.
all as nore particularly delineated on that certain map entitled 11Underground
Utility District No. 2211 , on file in the office of the City Clerk.
4. That from and after the effective date of the estab1 ishment 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, coll'ITlunication or similar or associated services.
5. That within ninety (90) days from the date of the completion and
acceptance of the proposed underground facilities within said district to be
constructed, all poles and overhead lines and associat~d structures used or
useful in supplying electric, COlflllunication and similar or associated services
in said proposed district shall be reiooved, 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 18th day of August,
1980, at the hour of 7:30 0 1 clock o.m., in the regular meeting place of said
CQunc11, City Ha-:1, Palo Alto, ca·1ifornia, are hereby fixed as the time and
place when and where said ~ouncil shall hear all protests and receive evidence
for and against the action herein proposed, and when and where said Council
shall consider and finally determine whether the public nP.cessity, health and
safety require.the establishment of said district and the rerroval of poles,
overhead wires and associated overhead structures and the underground
installation of wires and faci 1 Hies for supplying electric, comnun ication or
similar associated services 1n 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 said Council.
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8. That at said hearing said Council will take evidence and consider
the question of whether such undergrounding is in the general public interest
for one or llllre of the following reasons:
Such undergrounding will avoid or eliminate an unusually heavy
concentration of overhead distribution facilities, 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
vehi~ular 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 throu9h 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 on the last equalized tax roll of the City, and to
all utilities supplying electric, coTT111unication 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 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 ovi=r a period of five (5) years~ with interest to be computed at a
rate equa1 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 20
bonds for the week next preceding the day on which the underground uti 1 ity
district is ordered and 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
12.15.092 of the Palo Alto Municipal Ct.de, and the fact that the City, upon
exercise of the opt ion and the acc<:mp1 ishment of the underground construct ion
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 aioount of the specia 1 assessment in the manner in the manner
provided in sai~ Code.
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I hereby certify that the foregoing is a ful 1, true an~ 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 _z.ttL day of Jul)' , 1900, by
the following vote of the members thereof:
AYES, and in favor thereof, Councilmembers:Brenner, Eyerly, Fazzino, Fletcher,
NOES. Councilmembers: None Henderson, Levy, Renzel, Sher
ABSENT, Counc i lmentier s: Witherspoon
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APPROVEO:
ayor •
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