HomeMy WebLinkAboutRESO 4314OIL:KJmh 10-3-69-25
RESOLUTION NO. 4314
ORIGINAL
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. 12
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 Muni-
cipal 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 overhead 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. 12 of the City of Palo Alto.
3. That the description of the area comprising said proposed
district is as follows:
All lands within the. City limits of the City of
Palo Alto adjacent to Middlefield Road from Oregon
Expressway to the southeasterly City limits,
all as more particularly delineated on that certain map entitled
"Underground Utility District No. 12", on file in the office of the
City Clerk.
i. That 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, communica-
tion or similar or associated services.
5. That within ninety (90) days from the date of the comple-
tion 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, communi-
cation 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 2nd ,day of
February, 1970, at the hour of. 7:30 o'clock P.M., in the regular meet-
ing place of said Council, City Hall, 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 shall consider and
finally determine whether the public necessity, health and safety
require the establishment of said district and the removal of poles,
overhead wires and associated overhead structures and theunderground
installation of wires and facilities for supplying electric, communi-
cation 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 maybe continued from time
to time 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 interest for one or more 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;
Said street or road or right-of-way adjoins or passes
through. a civic area.
9. t 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 equalised tax roll
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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 in said notice a statement to the effect than any affected
owner has the option of paying the cost of 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 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 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 accomplish-
ment of the underground construction work as required by Section
12.16090 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 i.n the manner provided in
said Code.
* * * * *
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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 8th day of December, 1969, by the following vote of
the members thereof:
AYES, and in favor thereof, Councilmen: Arnold, Beahrs,
Berwald, Clark, Dias, Gallagher, Norton Pearson,
Spaeth, Wheatley
NOES, Councilmen: None
ABSENT, Councilmen: Comstock
oaf y CZ Ci e he t Ci14:4;,f Pao Alto
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WILSON. JONES. MORTON ! LYNCH
•
•
A 'ow MR. Taylor
R[:
COMMUNICATION
•
F*OM Mary
D„� 12/15/69
Herewith ten copies of Resolution No. 4314 signed by Bond Counsel,
as you requested.
C ..Y C. "' PAL^u
k E C E I V
DEC 1619b
DEPARTMEI*
R!M T
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