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Res 89-153RESOLUTION NO. 89- 153 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 61 IN THE CITY OF POWAY ON COMMUNITY ROAD BETWEEN CIVIC CENTER DRIVE AND POWAY CREEK WHEREAS, by Resolution No. 89-131, a public hearing was called for September 12, 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, com- munication, or similar or associated service, within that certain area of the City of Poway described in "Exhibit A" 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. 61 of the City of Poway. The boundaries of said district are deli- neated on Exhibit A, and hereby incorporated as part of this Resolution. BE IT FURTHER RESOLVED, that the Council does hereby fix July 31, 1990 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, con~nunication, or similar or associated ser- vice within Underground Utility District No. 61 on or before August 31, 1990. 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. 61 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, con~nunication or other similar or 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 new location, subject to applicable rules, regulations, and tariffs of theat a 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. COM-UUD3 Resolutlon No. 89- 153 Page 2 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 undergroundlng to be accomplished will avoid or eliminate an unusually 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 The said streets, roads or rights-of-way adjoin or pass through a civic area. PASSED, ADOPTED, AND APPROVED, by the City/Cpuncil of the City of Poway, California, at a regular meeting thereof thisj12~h day of September, 1989. Carl R. Kruse, Mayor ATT EST: Marjorl~ ~. Wahlsten, City Clerk STATE OF'CALIFORNIA ) ) SS. COUNTY OF SAN DIEGO I, Marjorie K. Wahlsten, City Clerk of the City of Poway, ~ hereby certify under penalty of perjury that the foregoing Resolution No. 89- 3was duly adopted by the City Council at a meeting of said City Council held on the 12th day of September, 1989, and that it was so adopted by the following vote: AYES: BRANNON, EMERY, GOLDSMITH, HIGGINSON, KRUSE NOES: NONE ABSTAIN: NONE ABSENT: NONE j rye I~. iahlsten, City Clerk City oi[,.~way COM-UUD4 POWAY ROAD : UNDERGROUhD UTILITY ! cb~'u "-- " - IVIC CENTER DR, i CITY OF POWAY SCALE : ITEH : TITLE: BOUNDARY ~P' .~ UNDERGROUND UTILITY. DISTRICT NO.. 61 EXHIBIT A