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Resolution 2002-15 RESOLUTION NO, 2002-15 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ESTABLISHING UNDERGROUND UTILITY DISTRICT NO.6 WHEREAS, pursuant to Gilroy City Code Section 26A.2, a public hearing was held on March 4, at the hour of7:00 o'clock p.m. in the Council Chambers in City Hall, Gilroy, California, to ascertain whether the public necessity, health, safety, or weltitre 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 and as shown on Exhibit A: That portion of Santa Teresa Boulevard beginning at a point 900 feet north of the intersection of Santa Teresa Boulevard and Longmeadow Drive and continuing north to Day Road West 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 is in the general public interest for the following reason: (1) The undergrounding to be accomplished will eliminate an unusually heavy concentration of overhead distribution facilities. RESOLUTION NO. 2002-15 Page 1014 BE IT FURTHER RESOLVED, that the Council does hereby fix April. 2003 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.6 on or before December. 2004. 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.6 requiring it, a maximum of one hundred feet of individual electric service trenching and conductor (as well as backfill, paving and conduit, if required). BE IT FURTHER RESOLVED, that the utility which undertakes underground installation of its facilities shall use the underground conversion allocation computed pursuant to decisions of the Public Utilities Commission ofthe State of California, for the purpose of providing to each individual service connection in Underground Utility District No. 11 a maximum of one hundred feet of individual electric service trenching and conductor as well as backfill, paving and conduit, if required. The City intends to exercise its option to utilize Rule 20A funding for the electric service panel conversion, if the property owner(s) agree. This conversion option is based on the December 7, 1999 Advise Letter 1930E. Under this option the City would administer a contract whereby each service connection would be allowed up to $1,500.00 (One thousand five hundred dollars) allowance towards the service panel conversion to an underground service panel. Each other servicing utility will provide service trenching and conductor in accordance with its tariffs on file with the California Public Utilities Commission RESOLUTION NO. 2002-15 Page 2 of 4 or as required by its Franchise Agreement with the City. Each property owner in Underground Utility District No.6 shall be responsible for the installation cost for the electric panel conversion over the $1,500.00 cost allowance, if they participate in the City panel conversion contract. rfthe property owner(s) do not participate in the City contract they will be responsible for the entire conversion cost. Property owners will be responsible for the cost of telephone service panel conversion (if required) and maintenance of the conduit and termination box located on, under or within any structure on the premises serviced as well as the individual service trenching, conduit, backfill, paving (beyond the 100' maximum length per service connection required by the utilities), etc.; and, 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.6 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 ofthe 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. 2002-15 Page 1 014 PASSED AND ADOPTED this 4th day of March, 2002 by the following vote: AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, VELASCO, SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE APPROVED: AT~T~) /' ~/Y;?u~ RH nda Pelhn, CIty Clerk ,.'it RESOLUTION NO. 2002-15 Page 4 of 4 -~ " END ~.~ hI.,,%! :;; ;.'::::'\ ,.@. ~ <2: ~ ,.'~ 1:;;... 0J:1 'Xl };,'1' .;%i @ l~ ~ir . ulj ~~ v<~ ~~ ~ 3 I~' ~ &~ fW/s1.iNRiiili.. j)t(%*"zP~ II If&:",'" ,'7'~W~ , ~ 4 ~ 12 " " ~~ W? Wfi' .%! 14 %;' I ~fi<f~J8R1~2~J~ %F~AWfl*ffi<rBLVD. 2 5 6 1 N 7 9 10 13 LONGMEADOW DR EXHIBIT A NOT TO SCALE I, RHONDA PELL[I\f, City Clerk of the City of (iilroy, do hereby certifY that the attached Resolution No, 2002-15 is a.ll original resolution, duly adopted by the Council of the City of C:rilroy at a regular meeting of said Council held on the 4th day of March, 2002, at which meeting a quorum was present, rN WITNESS WrlliREOF, 1 have hereunto set my hand and aftixed the Official Sea! of the City of C-rilroy this 5th day of March, 2002 ~ ," i ... / -'. .' /...' . ," .~:. City Clerk of the City of Gilroy (Seal)