Res 95-095Resolution No. 95-095
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY
ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 63
IN THE CITY OF POWAY ON ESPOLA ROAD BETWEEN CLOUDCROFT
DRIVE TO 2,600 FEET EAST OF CLOUDCROFT DRIVE
WHEREAS, by Resolution No. 95-080, a public hearing was called for August
15, 1995 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 "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,
communication, 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. 63 of the City of Poway. The boundaries of said district are
delineated on Exhibit A and hereby incorporated as part of this Resolution.
BE IT FURTHER RESOLVED, that the Council does hereby order the removal of
all poles, overhead wires and associated overhead structures, and the
underground installation of wires and facilities for supply electric,
communication, or similar or associated service within Underground Utility
District No. 63 on or before December 31, 1996.
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. 63 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 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 property owners as such are shown on the last equalized
assessment roll and to the affected utilities.
Resolution No. 95-095
Page
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:
1. The undergrounding 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
3. The said streets, roads or rights-of-way adjoin or pass through a
civic area.
PASSED, ADOPTED, AND APPROVED, by the City Council of the City of Poway,
California, at a regular meeting this 15th day of August, 1995.
S~san Callery, Deputy Maj~i~r
ATTEST:
M~rjOri~ K. Wahlsten, City Clerk
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify
under the penalty of perjury, that the foregoing Resolution No. 95-095 was
duly adopted by the City Council at a meeting of said City Council held on
15th day of August, 1995 and that it was so adopted by the following vote:
AYES: CAFAGNA, CALLERY, EMERY, REXFORD
NOES: NONE
ABSTAIN: NONE
ABSENT: HIGGINSON
Marjorie K. Wahlsten, City Clerk
City of Poway
Res ~tion No, 95-095
CITY OF POWAY
ITEM :
TITLE :
ATTACHMENT
EXHIBIT A