Res 89-041RESOLUTION NO. 89-041
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF POWAY, CALIFORNIA ESTABLISHING UNDERGROUND
UTILITY DISTRICT NO. 59 IN THE CITY OF POWAY ON
ESPOLA ROAD BETWEEN VALLE VERDE ROAD AND CITY BOUNDARY
WHEREAS, a public hearing was called for April 4,1989, 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
owners as shown on the last
the manner and for the time
hearing has been given to all affected property
equalized assessment roll and utilities concerned in
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. 59 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 August 4, 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. 59 on or before September 8,1989.
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. 59 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
UUD59.3
Resolution No. 89-041
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 Cit~uncil of the City of Poway,
California, at a regular meeting thereof thi~4t~ day of April, 1989.
Carl R. Kruse, Mayor
ATTEST:
Marjori~ ~. Wahlsten, City Clerk
STATE O~'C~LIFORNIA )
) SSo
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. 89-041was duly adopted by
the City Council at a meeting of said City Council held on the 4th day of April,
1989, and that it was so adopted by the following vote:
AYES: BP~qNNON, EMERY, GOLDSMITH, KRUSE
NOES: NONE
ABSTAIN: NONE
ABSENT: HIGGINSON
j)rie~ . Wahlsten, City Clerk
City of ~oway