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1993-054 - Establishing Underground Utility District No. 9302RESOLUTION 1993 -54 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 9302 WHEREAS, by the Town Council of the Town of Los Gatos, County of Santa Clara, State of California, by Resolution 1993 -54, a Public Hearing was called for April 19, 1993, at the hour of 7:30 p.m. in the Civic Center Council Chambers at 110 E. Main Street, California, to ascertain whether the public necessity, health, safety or welfare required the removal of poles, overhead structures, and the underground installation of wires and facilities for supplying electric, communication or similar or associated service, within the certain area of Town described as follows: All of the City street right -of -way, of Los Gatos Boulevard within the Town of Los Gatos from Lark Avenue to Samaritan Way and shown and delineated on the map entitled 'Diagram of Underground Utility District No. 9302" approved by the Town of Los Gatos. WHEREAS, notice such Hearing was given to all affected property owners as shown on the last equalized assessment roll and to all affected utilities, in the manner and for the time required by law; and WHEREAS, such Hearing was duly held, and all interested persons were given an opportunity to be heard; and WHEREAS, the Town Council determined after hearing on the subject that the Underground Utility District herein created is in the general public interest for the following reason: "The undergrounding to be accomplished will avoid or eliminate an unusually heavy concentration of overhead distribution facilities"; RESOLVED: by the Town Council of the Town of Los Gatos, that pursuant to Chapter 27, Article IV of the Code of the Town of Los Gatos the above - described area is hereby declared an Underground Utility District, and is designated as Underground Utility District No. 9302 of the Town of Los Gatos. Attached hereto, marked "Attachment 1 ", and L34 \resos \9302 hereby incorporated as part of this Resolution, is a map delineating the boundaries of said District; RESOLVED, FURTHER, that the Town Council does hereby fix June 1, 1993, as the date on which affected property owners must be ready to receive underground service, and does hereby order the removal of all 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 Underground Utility District No. 9302 on or before August 1, 1993; RESOLVED, FURTHER, that the utility which undertakes underground installation of its facilities shall use the underground conversion allocation computed pursuant to decision of the Public Utilities Commission of the State of California for the purpose of providing to each premises in Underground Utility District No. 9302 requiring it, a maximum of one hundred feet of individual electric service trenching and conductor (as well as backfill, paving and conduit, if required). Each other serving utility will provide service trenching and conductor in accordance with its tariffs on file with the California Public Utilities Commission or as required by its Franchise Agreement with the Town. Each property owner in Underground Utility District No. 9302 shall be responsible for the installation and maintenance of the conduit and termination box located on, under or within any structure on the premises served. RESOLVED, FURTHER, that the Town Clerk is hereby instructed to notify all affected utilities and all persons owning real property within Underground Utility District No. 9302 of the adoption of this Resolution within ten (10) days after the date of such adoption. Said Town 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. Such notification shall be made by mailing a copy of this Resolution together with a copy of said Town Code, L36 \resos \9302 2 I Chapter 27, Article IV, to affected property owners as such as shown on the last equalized assessment roll and to the affected utilities. PASSED AND ADOPTED at a regular meeting of the Town Council held on the 19th day of April, 1993, by the following vote: COUNCIL MEMBERS: AYES: Randy Attaway, Steven Blanton, Linda Lubeck Mayor Joanne Benjamin NAYS: None ABSENT: Patrick O'Laughlin ABSTAIN: None SIGNED: OR OF THE TO OF LOS GATOS S GATOS, CALIFOR IA ATTEST: CLERK OF THE TO LOS GATOS LOS GATOS, CALIFORNIA L34 \resos \9302 3