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HomeMy WebLinkAboutCity Council Resolution 98-09.1 CITY OF SARATOGA RESOLUTION NO. 98-09.1 A RESOLUTION ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 8 AND SETTING TIME FOR COMPLETION OF UNDERGROUNDING WHEREAS, pursuant to Resolution No. 98-09, adopted by the City Council on May 6, 1998, a public hearing was held on June 3, 1998, and subsequently continued to November 18, 1998, to ascertain whether the public health, safety or welfare required the necessity of removing poles, wires and associated overhead structures, and the underground installation of wires and facilities for supplying electric, communication, or similar or associated services; and WHEREAS, pursuant to Article 16-70 of the Saratoga Municipal Code, the City Clerk notified all affected property owners and utilities; and WHEREAS, at said public heating, all persons wishing to be heard on this matter were given an opportunity to be heard, and all protests were considered and overruled; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Saratoga as follows: 1. That the City Clerk notified all affected property owners as shown on the last equalized assessment roll and concemed utilities in accordance with Saratoga Municipal Code Article 16-70. 2. That the staff report of November 18, 1998, and approved by the Public Works Director is hereby incorporated herein. 3. That the public necessity, health, safety and welfare require the removal and underground installation of wires and facilities for supplying electric, communication, or similar or associated services within the area hereafter designated, and the underground utility district herein created is in the general public interest. 4. That the area designated on the attached map, being all or a portion of each property within proximity to Saratoga Avenue from Fruitvale Avenue to Baroni Court be, and the same is hereby established as Underground Utility District No. 8, and such electfie, communication, or similar or associated services shall be installed underground and the poles, overhead wires and associated overhead structures now existing within such area shall be removed. 5. That the City Council hereby orders the removal and underground installation of all such facilities in Underground Utility District No. 8. 6. That June 30, 2000, is hereby established as the date for completion of undergrounding by the utility companies; and the date of March 31, 2000, or three months after City notice, whichever is later, is hereby established as the date for property owners to be ready to receive underground service, and all such work shall be completed by such dates. 7. That Pacific Gas and Electric Company 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. 8 requiring it a maximum of one hundred feet (100') of individual electric service trenching and conductor, as well as backfill, paving and conduit, if required. Each other serving utility will provide service trenching and conductor in accordance with its tariffs on file with the California Public Utilities Commission or as required by its Franchise Agreement with the City. Each property owner in Underground Utility District No. 8 shall be responsible for the installation and maintenance of the conduit and terminal box located on, under or within any structure on the premises served. 8. That the City Clerk is hereby instructed to notify all affected utilities and all persons owning real property within Underground Utility District No. 8 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 affixed 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 Saratoga Municipal Code Article 16-70, to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities. PASSED and ADOPTED by the City Council of the City of Saratoga at a regular meeting held on the 18th day of ........ November ,1998 by the following vote: AYES: Councilmembers Bogosian, ~acobs, Moran, Shaw and Mayor Wolfe NOES: None Ad~SENT:None ABSTA1N: None ATTEST: City Clerk ayor .*'*' S o...,.-s!