HomeMy WebLinkAboutOrdinance 2281 N.C.S. 08/06/2007 EFFECTIVE DATE ORDINANCE NO. 2281 N.C.S.
OF ORDINANCE
September 6, 2007
1 Introduced by Seconded by
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4 Mike Harris Mike O'Brien
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9 AUTHORIZING GRANTING OF A UTILITY EASEMENT TO PACIFIC GAS AND ELECTRIC
10 COMPANY (PG&E) AND A UTILITY EASEMENT TO COMCAST FOR THE PURPOSES OF
11 INSTALLING AND MAINTAINING "DRY" PUBLIC UTILITIES AND ANCILLARY INFRASTRUCTURE
12 WITHIN CITY OWNED LAND SHOWN AS PARCEL N OF THE SOUTHGATE SUBDIVISION -
13 PHASE III FINAL MAP, FILED IN BOOK 706, PAGES 41-44, SCAR.
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18 WHEREAS, Delco Builders, PG&E and Comcast are requesting that the City of Petaluma
19 grant a utility easement in favor of PG&E and a utility easement in favor of Comcast over the
20 City owned "Parcel N" per the Southgate Phase III final subdivision map (book 706, pgs 41-44,
21 N.C.S.); and,
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23 WHEREAS, the purpose for the easement is to allow PG&E and Comcast to relocate,
24 install and maintain the necessary utilities to bypass and serve the approved Southgate
25 Subdivision Phase III project; and,
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27 WHEREAS, the City Engineer has reviewed the easement grant deeds, legal descriptions
28 and plats and has found them to be acceptable.
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30 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS
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Ordinance No. 2281 N.C.S. Page 1
1 Section 1. Grant of Easements.
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3 Said grants of easement are hereby approved and shall be carried out; and the
4 City Manager is hereby authorized and directed to sign the easement grant
5 deeds.
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7 Section 2. CEQA.
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9 The actions authorized by this ordinance are categorically exempt from the
10 California Environmental Quality Act ("CEQA") because they constitute the minor
11 alteration of existing facilities by the addition of additional utility facilities to
12 existing public utility easements and facilities under 14 California Code of
13 Regulations section 15301.
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15 Section 3. Severability.
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17 If any section, subsection, sentence, clause or phrase or word of this Ordinance is
18 for any reason held to be unconstitutional, unlawful or otherwise invalid by a court
19 of competent jurisdiction, such decision shall not affect the validity of the remaining
20 portions of this Ordinance. The City Council of the City of Petaluma hereby
21 declares that it would have passed and adopted this Ordinance and each and all
22 provisions thereof irrespective of the fact that any one or more of said. provisions be
23 declared unconstitutional, unlawful or otherwise invalid.
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25 Section 4. Effective Date.
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27 This ordinance shall become effective thirty (30) days after the date of its adoption
28 by the City Council.
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30 Section 5. Publication.
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32 The City Clerk is hereby directed to post andlor publish this ordinance or a synopsis
33 of it for the period and in the manner required by the City Charter.
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Ordinance No. 281 N.C.S. Page 2
1 INTRODUCED and ordered posted/wed this 16'" day of July, 2007.
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3 ADOPTED this 6th day of August, 2007, by the following vote:
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5 AYES: Barrett, Freitas, Harris, Vice Mayor Nau, O' Brien, Rabbitt, Mayor Torliatt
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7 NOES: None
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9 ABSENT: None
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11 ABSTAIN: None
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2Q Parriela Torliatt, Mayor.
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23 ATTEST: APPROVED AS TO FORM:
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29 Claire Cooper, CMC, City Cle Eric W. Danly, City Attorney
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Ordinance No. 2281 N.C.S. Page 3