Resolution 1986-18
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RESOLUTION NO. 86-18
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY
ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 2
WHEREAS, pursuant to Gilroy City Code section 26A.2,
a public hearing was called for March 17, 1986, at the hour
of 8:00 p.m. in the Council Chambers in the City Hall,
Gilroy, California, to ascertain whether the public necessity,
health, safety, or welfare requires the removal of poles,
overhead wires and associated overhead structures, and the
underground installation of wires and facilities for supplying
electric, communication, or similar or associated service,
within that certain area of the City described as follows:
That portion of Sixth Street between the westerly
line of Eigleberry Street and the westerly line of
Railroad Alley, more particularly shown on the map
delineating the boundaries of said district attached
hereto as exhibit A; and
WHEREAS, notice of such hearing has been given to all
affected property owners as shown on the last equalized assess-
ment roll and utilities concerned in the manner and for the
time required by law; and
WHEREAS, such hearing has been duly and regularly held,
and all persons interested have been given an opportunity to
be heard;
NOW, THEREFORE, BE IT RESOLVED by the Council of the
City of Gilroy that the Council hereby finds as follows:
The Underground Utility District herein created is in
the general public interest for the following reasons:
(1.) The undergrounding to be accomplished will eliminate
an unusually heavy concentration of overhead distribution facilities.
RESOLUTION NO. 86-18
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(2.) The streets, roads, or rights of way in the
District are extensively used by the general public and carry
a heavy volume of pedestrian or vehicular traffic.
(3.) The street adjoins a building of unusual historic
interest to the general public.
RESOLVED FURTHER, pursuant to Chapter 26A Gilroy City
Code, enacted as Ordinance 831, the above-described area
is hereby declared an Underground Utility District, and is
designated as Underground Utility District No. 2 of the City
of Gilroy. Attached hereto, marked exhibi.t A, and hereby
incorporated as a part of this resolution, is a map delineating
the boundaries of said District;
RESOLVED FURTHER, that the Council does hereby fix
June 15, 1986 as the date on which affected property owners
must be ready to receive underground service, and does hereby
order the removal of all poles, overhead wires and associated
overhead structures and the underground installation of wires
and facilities for supplying electric, communication or similar
or associated service within Underground Utility District No.2
on or before July 1, 1986:
RESOLVED FURT}lliR, that the electric utility which undertakes
underground installation of its facilities shall use the underground
conversion allocation computed pursuant to decisions of the
Public Utilities Commission of the State of California for the
purpose of providing to each premises in Underground Utility
No. 2 requiring it a maximum of one hundred feet of individual
electric service trenching and conductor (as well as backfill,
RESOLUTION NO. 86-18
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paving and conduit, it required). Each property owner in
Underground Utility District No. 2 shall be responsible for
the installation and maintenance of the conduit and termina-
tion box located on, under or within any structure on the
premises served.
RESOLVED FURTHER, that the City Clerk is hereby instructed
to notify all affected utilities and all persons owning real
property within Underground Utility District No. 2 of the
adoption of this resolution within ten (10) days after the date
of such adoption. Said City Clerk shall further notify said
property owners of the necessity that. if they or any person
occupying such property desire to continue to receive electric
communication or other similar or associated service, they or
such occupant shall, by the date fixed in this resolution,
provide all necessary facility changes on their premises so as
to receive such service from the lines of the supplying utility
or utilities at a new location, subject to applicable rules,
regulations and tariffs of the respective utility or utilities
on file with the Public Utilities Commission of the State of
California. Such notification shall be made by mailing a copy
of this resolution together with a copy of said Chapter 26A
or Ordinance No. 831 to affected property owners as such are
shown on the last equalized assessment roll and to the affected
utilities.
RESOLUTION NO: 86-18
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RESOLVED FURTHER, that Resolution 85-53 is hereby
rescinded.
PASSED AND ADOPTED this l7thday of March 1986
by the following vote:
AYES: COUNCILMEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM,
PALMERLEE, VALDEZ and HUGFAN
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ATTEST:
2t<;~ .
City
RESOLUTION NO. 86-18
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I, SUSANNE E. STEINMETZ; City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No. 86-18
is an
original resolution, duly adopted by the Council of the City of
Gilroy at a regular meeting of said Council held on the 17th
day of
Harch
, 19 ~, at which meeting a quorum was
present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
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