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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