Resolution 1989-13
~
.
.
RESOLUTION NO. 89-13
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY
ESTABLISHING UNDERGROUND UTILITY DISTRICT NO, 4
WHEREAS, pursuant to Gilroy City Code section 26A.2,
a public hearing was called for March 20, 1989, at the hour
of 8 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 Welburn Avenue between Monterey
Street and Miller Slough, 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~
(l.) The undergrounding to be accomplished will eliminate
an unusually heavy concentration of overhead distribution facilities.
RESOLUTION NO. 89-13
.?
.
.
(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 provides access to a public park
of unusual aesthetic interest to the general public.
RESOLVED FURTHER, pursuant to Chapter 26A Gilroy City
Code, enacted as Ordinance No. 831, the above-described area
i.s hereby declared an Underground Utility District, and is
designated as Underground Utility District No. 4 of the City
of Gilroy. Attached hereto, marked exhibit 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
July 7, 1989 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. 4
on or before August 7, 1989;
RESOLVED FURTHER, that the electric utility which under-
takes 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. 4 requiring it,a maximum of one hundred feet of
individual electric service trenching and conductor (as well as
RESOLUTION NO. 89~13 ~2~
.
.
backfill, paving and conduit, if required.) Each property
owner in Underground Utility District No, 4 shall be
responsible for the installation and maintenance of the
conduit and termination 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. 4
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
RESOLUTION NO. 89-13
-3-
.
.
shown on the last equalized assessment roll and to the
affected utilities.
PASSED AND ADOPTED this 20th day of March 1989 by
the following vote:
NOES:
ABSENT:
COUNC IL11EMBERS : GAGE, HALE, KLOECKER, MUSSALLEM,
P ALMERLEE , VALDEZ and HUGHAN
COUNCILMEMBERS ~ NONE
COUNCILMEMBERS: NONE
AYES:
APPROVED:
ATTEST:
0fWJ~~~7#-
/ ~ty C e
RESOLUTION NO. 89...13
-4-.
,-'
.
. ,'..,..~......~.....~.....~,...~...-.............:'..~'... .....;;....,. ," "','1- .. ,.....
Mon-lerey
t.O
'""
Church
C)
~
RESOLUTION NO. 8'9..13
.
C
L
:J
..a
-t
Q)
~
La Cache
\
..'
'.
EXHIBIT "AIt
~ '
.
.
I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No. 89 - 13
is an original
resolution, duly adopted by the Council of the City of Gilroy at a regular
meeting of said Council held on the 20th day of March 19 89
at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
Official Seal of the City of Gilroy this 21st
19 89.
day of
March
(Seal)