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HomeMy WebLinkAbout06-084 CC Resolution I I I RESOLUTION NO. 06.84 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, DECLARING ITS INTENTION TO ESTABLISH UNDERGROUND UTILITY DISTRICT NO. 2 AND ORDER THE REMOVAL OF OVERHEAD UTILITY FACILITIES AND THE INSTALLATION UNDERGROUND FACILITIES WITHIN SAID DISTRICT THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That a public hearing is hereby called for October 10, 2006, at the hour of 7:00 p.m., in the Council Chambers of City Hall, 43200 Business Park Drive, Temecula, California, to ascertain whether the public necessity, 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 as more fully shown on the attached map marked Exhibit "A". Section 2. That a notice of such hearing shall be given to all affected property owners as shown on the last equalized assessment roll and to all utilities concerned, in the manner and for the time required by law. Section 3. That such hearing shall be duly and regularly held, and all persons interested shall be given an opportunity to be heard Section 4. That the City Council of the City of Temecula hereby declares its intention to find and determine whether the public necessity, health, safety and 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 for properties fronting on: 1. Old Town Front Street from First Street to 75 feet northerly of Sixth Street; and 2. Mercedes Street from Second Street to 75 feet northerly of Sixth Street; and 3. Main Street from Murrieta Creek to Mercedes Street. and more fully shown on attached map marked Exhibit "A"; and such described area is hereby established as Underground Utility District No.2. Section 5. That such utility undergrounding shall include up to 100 feet of the customer's service lateral. R:/Resos 2006/Resos 06-84 I I I Section 6. That if so established, such undergrounding of utilities to be accomplished in said Underground Utility District No. 1 will avoid or eliminate an unusually heavy concentration of overhead facilities. Section 7. That the streets, roads, or rights-of-way in the Underground Utility District No.2 are extensively used by the general public and carry a heavy volume of pedestrian or vehicular traffic. Section 8. That if said Underground Utility District No.2 is established, each property served from electric overhead facilities shall have installed, in accordance with Southern California Edison's ("Edison") rules for underground service, all electric facility changes on the premises necessary to receive service from Edison's underground facilities as soon as it is available. Section 9. That service laterals shall be financed through the Underground Utility District funds. Section 10. That if said Underground Utility District no. 2 is established, Edison is authorized to discontinue its overhead service within Underground Utility District No. 2. Section 11. That if so established, the following exceptions in said Underground Utility District No.1 will be authorized: (a) Any municipal facilities or equipment installed under the supervision and to the satisfaction of the City Engineer; (b) Poles, or electroliers used exclusively for street lighting; (c) Overhead wires (exclusive of supporting structures) crossing any portion of a District within which overhead wires have been prohibited, or connecting to buildings on the perimeter of a District, when such wires originate in an area from which poles, overhead wires and associated overhead structures are not prohibited. (d) Overhead wires attached to the exterior surface of a building by means of a bracket or other fixture and extending from one location on the building to another location on the same building or to an adjacent building without crossing any public street; (e) Antennae, associated equipment and supporting structures, used by a utility for furnishing communication service; (f) Equipment appurtenant to underground facilities, such as surface- mounted transformers, pedestal-mounted terminal boxes and meter cabinets, vent pipes and duets; R:/Resos 2006/Resos 06-84 2 I I I (g) Temporary poles, overhead wires and associated overhead structures used or to be used in conjunction with construction projects; and (h) Overhead wires and poles supporting 66KV transmission facilities. Section 12. That if so established, all poles, overhead wires and associated overhead structures shall be removed and underground installations made in said Underground Utility District No. 1 within the following times; (a) Underground installation by utility companies of facilities not later than September 2008. (b) Underground installation by property owners and reconnections, removal of poles, overhead wires and other associated overhead structures not later than December 2008. All utility companies operating within said Underground Utility District No. 2 as shown on attached map marked Exhibit "A", and all owners of property located within such area will be instructed and directed to carry out the terms of this Resolution as above set forth and pursuant to Riverside County Ordinance No. 517, adopted by reference Section 1.08.010, of the Temecula Municipal Code; failure to do so will incur the sanctions and penalties as set forth in said Chapter 1.20, including the loss of electric current to non-complying properties. Instructions for property owners on the removal of aboveground facilities and installation of underground utilities in connecting from utilities to private buildings will be available in the office of the Engineering Superintendent. Section 13. That the City Clerk shall notify all owners of the property located within said Underground Utility District No.2 of the necessity that if they or any person occupying such property desires to continue to receive electric, communication, or similar or associated service, they or such occupant shall allow the City to cause to be provided; or shall provide in a timely fashion, all necessary facility changes on their premises so as to receive such service from the lines of the supplying utility or utilities on file with Public Utilities Commission of the State of California. Section 14. That this resolution shall take effect immediately. Section 15. That the City Clerk shall certify to the passage and adoption of this resolution; shall cause the same to be entered in the book of original resolutions of said City; shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City in the minutes of the meeting at which the same is passed and adopted. R:/Resos 2006/Resos 06-84 3 I I I PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 26th day of September, 2006. ~L Ron Roberts, Mayor ATTEST: < , [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 06-84 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 26th day of September, 2006, by the following vote: AYES: 5 COUNCIL MEMBERS: Comerchero, Edwards, Naggar, Washington, Roberts NOES: 0 COUNCIL MEMBERS: COUNCIL MEMBERS: None ABSENT: 0 None ABSTAIN: 0 COUNCIL MEMBERS: None J ~ . Jones, MMC City Clerk R:/Resos 2006lResos 06-84 4 I I I . R\ll- 2o*I!IQu~ci~W I l_ I ( J I I , [I'! ["jUt ...i I. ..--, I "I I I ~ I '" '[In.' L -r I ,/ i I , ; , , I , I (. I I I I I I / , I ! ( L I 1 /, ."! ! / " \ / >.,. I ) ...../... II I I ! --L.-J....'.-.jl ';, ,. '.:,: . 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