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HomeMy WebLinkAboutResolution 2004-216 N.C.S. 11/15/2004 Resolution IVo?004-216 ~j,C.S. of the City of Petaluma, California RESOLUTION CALLING FOR A PUBLIC HEARING TO CONSIDER THE'FORIVIATION OF A RULE 20B UNDERGROUND UTILITY DISTRICT IN THE VICINITX OF `D' STREET BETWEEN FIRST STREET AND FOURTH STREET, AND FIRST STREET BETWEEN `D' AND `F' STREET (`D' STREET UNDERGROUND UTILITY DISTRICT WHEREAS,. Ordinance No. 893 N.C.S., Chapter 14.36 of the Petaluma Municipal Code establishes a procedure for the creation of an underground utility district and requires as the initial step in such procedure the holding of a public hearing to ascertain whether public necessity, health, safety, or welfare require 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 in any such district; and, WHEREAS, it has been recommended that such an underground utility district, , hereinafter ,called District, be formed on that portion as described on the Boundary Map and Description, entitled "`D' Street Underground Utility District", both available for view in the City Clerk's Office, City Hall, 11 English Street, Petaluma. The district will include Assessor Parcels 8-064-004 and 005, 8-123-001, 8-122-002, and 006, 8-068-003 and 004 (City parcel), 8- 121-001, and 8-121-007 through 012; and, WHEREAS, the three parcels of 8-122-005, 8-124-006, and 8-112-001 will be required to underground at least one service because their service line ends with a pole that is in the district and will be removed; and, WHEREAS,. in accordance with California Streets and Highways Code Section 5896.5(b), the City Council of the City of Petaluma has determined that the City of Petaluma has voluntarily agreed to pay over fifty percent of the cost of converting overhead wires and facilities to underground wires and facilities as proposed for the District as described herein. NOW, THEREFORE, BE IT RESOLVED as follows: 1. The foregoing recitals are true, correct, and are hereby included herein by reference as findings of the City Council of the City of Petaluma. 2. NOTICE IS HEREBY GIVEN that a public hearing will be held by the City Council of the City of Petaluma pursuant to Petaluma Municipal Code Chapter 14.36 and other applicable law on Monday, December 06, 2004 at the hour of 7:00 p.m., or as soon thereafter as the matter can be heard, in the Council Chambers of the City Hall, 11 English Street, Petaluma, California, to ascertain Resolution No. 2004-216 N.C.S. whether the public necessity, health, safety, or welfare require the removal of poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication or similar associated service in the District herein. described. 3. At such hearing all persons interested shall be given an opportunity to be heard. Said hearing may be continued from time to time as may be determined by the City Council. 4. In accordance with Petaluma Municipal Code Section 14.36.020, the City Clerk shall notify all affected property owners as shown on the last equalized assessment roll and utilities concerned of the time and place of such hearing by mailing a copy of this resolution to such property owners and concerned at least ten (10) days prior to the date of the hearing. 5. The area proposed to be included in the District is described in the assessor's parcel map excerpt, entitled "`D' Street Underground Utility District" which is available for viewing at the Office of the City Clerk, City Hall, 11 English Street, Petaluma. Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to Council of the City of Petaluma at a (Regular) (Adjourned) (Special) meeting for th on the day of .......~4X?nl~?~r............................., 20Q4.., by the following vote: ~[y Attorney AYES: Mayor Glass, Healy, Vice Mayor Moynihan, O'Brien, Torliatt NOES: None ABSENT: Harris, Thompson ` / ~j ATTEST: City Clerk Mayor Council File Res. No......Z.QQ4-21.6..........N.GS.