Loading...
HomeMy WebLinkAboutRESO 4827'· I ' .. • • ORIGINAL WJML:KIJ:ar:9/12/73:55c RESOLUTION NO. 4827 A RESOLUTION OF INTENTION TO AMEND SECTION 12.16.020 OF CHAPl'ER 12.16 OF TITLE 12 OF THE PALO ALTO MUNICJPAL CODE BY ESTABLISHING UNDERGROUND UTILITY . DISTRICT NO. 16 RESOLVED, by the Council of the City of Palo Alto, California, as f'ollows: 1. That in 1ts opinion the public necessity, health and safety require and that it is the intention of said Council, pursuant ·to Section 12.16.o4o of Chapter 12.16 of Title 12 ot 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 constructio~ in and req-wire the removal from said proposed district ot all poles and overhead lines and associated overhead structures used or uset'ul in supplying electric, communication ~r similar or associateQ services. 2. That the name of' the proposed district is Underground· Utility District No. 16 of the City of Palo Alto. 3. That the description of the area comprising said proposed district is as follows: Louis Road from East Meadow Drive to a point near LOma Verde Avenue, together with the properties fronting thereon which require underground service conversion, all as more particularly delineated on that certain map entitled "Underground Utility District No. 16", on file in the office of the City Clerk. 4. That from and after the effective date of the establish- ment of said proposed district no person or utility shall erect or constl'\lct within said district any pole, overhead line or associated overhead structure used or usetul in supplying electric, communication or a1m1lar 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 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 5th 1ay of November , 1973, at the nour of 7:30 o 1 clock P. M., in the regular meeting place of said c~·.1.nci·l, Cit.y Hall, Palo Alto, C&lif1.>rnia, are hereby fixed as tha tiL'e,and place when and where said Council shall hear all protests and receive evidence fo~ and against the action herein proposed, and when and where said Council shall consider and finally determine whether the public necessity, health and safety require the establishment of said district and the rem.oval of poles, overhead wires and associated overhead st:ructures and the under- ground installation or ·'~ires a.nd facilities ror supplying f!lectric, communication or similar associated services in the district herein- above 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 +.ime as may be determined by said Council. 8. That at said hearing ,said Council.will take evidence and consider the question of whether such undergrounding is in· the general public intereat for one or more ot the following reasons: Such undergrounding will avoid or eliminate an unusually heavy concentration of overhead distribu- tion rac111t1es; Said street or road or right-or-way is extensively used by the general public and carries a heavy volume or pedestrian and vehicular traffic; Said street or road or right-of-way adjoins or passes through a civic area. -2- ~ . • • • 9. That the 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 equalizeq tax roll of the City, and to all utilities supplying electric, cQmmunication or similar or associated services within said proposed Gistrict, said mailing to be completed at least thirty (30) days prior to the qate 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 or converting his service connection to underground locations over a period of five (5) years, with interest to be computed at a rate equal to three quarters of one percent (3/4 of l~} 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 utility district ls ordered for~ed. 11. That the notice shall also set forth the estimated base cost, incidental expense and special sssessment as said terms are defined in Section 12.16.092 of the Palo Alto li(unicipal Code, and the fact that the City, upon exercise of the option and the accomplish- ment 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 paymen~ ~~ the amount of the special assessment in the manner provided in said Code. * * * * * -3- .. • • I heraby certify that the foregoing is a full, true and correct copy of a resolution du~y passed an~ adopted by the Council of the City of Palo Alto, California, at a meeting thereof held on tt.e 24th day of September , 1973, by the follo~ing vote of the members thereof: AYES, and in favor thereof, Councilmen: Berwald, Clay, Comstock, Henderson, Norton, Pear.son, Rosenbaum, Sher NOES, Councilmen: None ABSENT, Councilmen: Bea.hrs APPROVED: Mayor c1ty er f;/tbe city of P&io Alto ., ..