Res 89-030RESOLUTION NO. 89- 030
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF POWAY, CALIFORNIA ESTABLISHING UNDERGROUND
UTILITY DISTRICT NO. 58 IN THE CITY OF POWAY ON
AUBREY STREET BETWEEN COMMUNITY ROAD AND MIDLAND ROAD,
AND ON MIDLAND ROAD BETWEEN TEMPLE WAY AND AUBREY STREET
WHEREAS, by Resolution No. 89-023 a public hearing was called for March 14,
1989, in the City Council Chambers, 13325 Civic Center Drive, Poway, California
to ascertain whether the public 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 of Poway
described in "Attachment 1" attached hereto and incorporated herein; 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, that the City Council of the City of Poway
hereby finds and determines that the public health, safety and welfare require
the removal of poles, overhead wires, and associated structures, and the
underground installation of wires and facilities for supplying electric, com-
munication, or similar or associated service, and that pursuant to Poway
Municipal Code Section 12.48, the above-described area is hereby declared an
Underground Utility District and is designated as an Underground Utility
District No. 58 of the City of Poway. The boundaries of said district are deli-
neated on Attachment 1, and hereby incorporated as part of this Resolution.
BE IT FURTHER RESOLVED, that the Council does hereby fix July 28, 1989 as the
date on which affected property owners must be ready to receive underground ser-
vice, and does hereby order the removal of all poles, overhead wires, and asso-
ciated overhead structures and the underground installation of wires and
facilities for supplying electric, communication, or similar or associated ser-
vice within Underground Utility District No. 58 on or before August 31, 1989.
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. 58 of the adoption of this Resolution within ten (10) days
after the date of such adoption. Said City Clerk shall further notify said pro-
perty owners of the necessity that, if they or any person occupying such pro-
perty desire to continue to receive electric, communication or other similar or
Resolution No. 89-030
Page 2
associated service, they or such occupant shall, by the dated 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 as of the date of adoption of this Resolution. Such
notification shall be made by mailing a copy of this Resolution to affected pro-
perty owners as such are shown on the last equalized assessment roll and to the
affected utilities.
BE IT FURTHER RESOLVED, that the Council hereby finds that the Underground
Utility District herein created is in the general public interest for the
following reasons:
The undergrounding to be accomplished will avoid or eliminate
an unusally heavy concentration of overhead distribution
facilities;
The streets, roads or rights-of-way in the District are
extensively used by the general public, and carry a heavy
volume of pedestrians or vehicular traffic; and
3. The said streets, roads or rights-of-way adjoin or pass
through a civic area.
PASSED, ADOPTED, AND APPROVED, by the City/C~ncil of the City of Poway,
California, at a regular meeting thereof this/~/4th/ day of March, 1989.
--Call R:-.-l(-fus~ Mayor
ATTEST:
City Clerk
UUD58.4
Resolution No. 89-030
Page 3
STATE OF CALIFORNIA )
) SS,
COUNTY OF SAN DIEGO )
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify
under penalty of perjury that the foregoing Resolution No. 89-030 was duly adopted by
the City Council at a meeting of said City Council held on the 14th day of
March, 1989, and that it was so adopted by the following vote:
AYES:
BRANNON, EMERY, GOLDSMITH, HIGGINSON, KRUSE
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
· ~ o~ p~yWa~ , City Clerk