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Resolution 1993-73 . . RBSOLll'rXOII 110. 93 - 73 RESOLII'rXOII OF TIIB COUIICXL OF TBB CXTY OF GXLROY BSTABLX8BXIIG UllDBRGROUIID II'rXLXTY DXSTRXCT 110. 5 WHEREAS, pursuant to Gilroy City Code section 26A.2, a public hearing was called for December 6, 1993, at the hour of 7:00 o'clock 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 Leavesley Road between Murray Avenue and approximately 600' west of Arroyo Circle and that portion of San Ysidro Avenue between Leavesley Road and approximately 400' north of Leavesley Road, 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 assessment 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 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. (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. BE IT FURTHER RESOLVED, pursuant to Chapter 26A Gilroy City Code, enacted as Ordinance No. 831, the above described area is hereby declared an Underground Utility District, and is designated as Underground Utility District No. 5 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; -1- RESOLUTION NO. 93 - 73 " . . BE IT FURTHER RESOLVED, that the Council does hereby fix March 1, 1994 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. 5 on or before April 1, 1994. BE IT FURTHER RESOLVED, 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 District No. 5 requiring it, a maximum of one hundred feet of individual electric service trenching and conductor (as well as backfill, paving and conduit, if required). Each property owner in Underground utility District No.5 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. BE IT FURTHER RESOLVED, that the City Clerk is hereby instructed to notify all affected utilities and all persons owning real property within Underground Utility District No.5 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. -2- RESOLUTION NO. 93 - 73 . . PASSED AND ADOPTED this 6th day of December, 1993, by the following vote: AYES: COUNCILMEMBERS: GILROY, KLOECKER, MORALES, ROGERS, ROWLISON, VALDEZ and GAGE. COUNCILMEMBERS: None NOES: ABSENT: COUNCILMEMllERS: None -3- RESOLUTION NO. 93 - 73 Ij ... 0' ~, ~, ~, \ ~ \\\ ~ \ \ \ . Q i " ,,"" -- '. ,,\ \ \ \ \ \ , \\, ~} , /./ ~~ _/ 8/r A- '<- ~ /~ \ \ .. , / aliI! ~ ,111.. fl - , "l '.:...., ~, .' ~ \ -~~\\~. .....~~-. . '; ~\ II .:. ~ ~ '7 . / " "".3'~- , " ,.." ~~.::;:::-~, / ..;....-- ~'- .,':a. \~ ..._---\ '< ~ \__ 00. ~,. ~-.---" ',\~, " .... - \, -::; " ---- '". . '-, \ ,- ~~~\................ -r --... ;, '- ,- .\.' ...-----' .. ---- ------ , .'- - '" '.J \ ... ----'----....--. , .. .. ~ m ~ OJ <( :--~ ',::: --:-i = ,u;= --- ...10 . . . I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 93-73 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 6th , at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the day of December , 19 93 Official Seal of the City of Gilroy this 7th day of December ,1993. 4.~~~~ (Seal) ~