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HomeMy WebLinkAboutRESO 4459that •• ~ML:KJmh 5-6-71-25 ORIGINAL RESOLUTION NO. 4459 A RESOLUTION OF INTENTION TO AMEND SECTION 12.16.020 OF CHAPTER 12.: 6 OF TITLE 12 OF THE PALO ALTO MUNICIPAL CODE BY ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 13 RESOLVED, by the Council of the City of Palo Alto, California, 1. 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 order- ing 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 overhead lines and associated overhead structures used or useful in supplying electric, communi- cation or similar or associated services. 2. The name of the proposed district is Underground Utility District No. 13 of the City of Palo Alto. 3. . The description of the area comprising said proposed district is as follows: All lands within the City limits of the City of Palo Alto generally fronting on Cali:~rnia Avenue between El Camino Real and Amherst Str~~t, and lands in Stanford Industrial Park between California Avenue and Page Mill Road, all as more particularly delineated on that certain map entitled "Underground Utility District No. 13 11 , on file in the office of the City Clerk. 4. From and after the effective date of the establishment of said proposed district no person or utility shall erect or con- struct within said district any pole, overhead line or associated overhead structure used or useful in supplying electric, communi- cation or similar or associated services. • • 5. Within ninety (90) days from the date of the COJ!ll'letion and acceptance of the proposed underground facilities within said district to be constructed, all poles and overhead lines and asso- ciated structures used or useful in supplying electric, communica- tion and similar or assosicated-services in said proposed district shall be removed, and from and after said date no person or utili"Jy shall use or maintain such facilities within said pro~osed district. 6. NOTICE IS HEREBY GIVEN that Monday, the 19th day of Ju~ - 1971, at the hour of 7:30 o'clock P.M., in the regular meeting place of said Council, Civic Center, 250 Hamilton Avenue, Palo Alto, Califoniia, are hereby fixed as the time and place when and where said Council sh&ll 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 necessity~ health and safety require the establishment of said district and .... the removal of polos, overhead wires and associated overhead struc- tures and the undergr0und installation or wires and facilities for supplying electric, communication or similar associated services in the district hereinabove described. 7. 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. 8. At said hearing said Coun·:::il will take evidence and con- sider the question of whether such undergrounding along the length of Califo1T1ia Avenue from El Camino Real to Amherst Street is in the general p1..1bU.c interest for one or more of the following reasons: Such undergrounding will avoid or eliminate an unusually heavy concentration of overhead distribution facilities; Said streets or roads or rights-of-way are exten- sively used by the general public and carry a heavy volume-of pedestrian and vehicular traffic; Said streets or roads or rights-of-way adjoin or pass through a civic area. 2 . -• • 9. The Clerk of this City shall give notice or 1aid hear- ing by mailing copies of this resolution to all property owners w1th1n said proposed district as shown on the last equalized tax roll of the City, and to all utilities supplying electric, com- munication or similar or associated services within said proposed district, said mailing to be completed at least thirty (30) daya prior to the date of said hearing. 10. 'flle City Clerk is hereby authorized and dinected to include in said notice a statement to the effect that any affected owne~ has the option of pay~ng the cost of converting his servic~ connection to underground locations over a period of __ S' __ ~---­ years, with interest to be computed at the 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 is ordered formed. 11. The Notice shall also set forth the estimated base cost, incidental exvense and special assessment as said terms are de- fined in Section 12.16.092 ot the Palo Alto Municipal Code, and the fact that the City, upon exercise of the option and the accomplishment of the \Ulderground 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 special assessment in the manner provided in said Code. * * * * * * 3 • • • 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 7th day or ~-Ju_n_e~~~~~· 192.!_, by the following vote of the members thereof: AYES, and in favor thereof, Councilmen: Arnold, Beahrs, Berwald, Clark, Comstock, Dias, Gallagher, Norton, Pearson, Wheatley NOES, Councilmen: None ABSENT, Councilmen: Spaeth \ City e C1ty of Palo Alto APPROVED: