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HomeMy WebLinkAbout2017-56 CC Reso - Establishing boundaries or other provisions of Underground Dist 3 - Along Gobbi from State to Orchard1 1 1 RESOLUTION NO. 2017- 56 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ESTABLISHING THE BOUNDARIES AND OTHER PROVISIONS OF UNDERGROUND DISTRICT NO. 3- ALONG GOBBI STREET FROM STATE STREET TO ORCHARD AVENUE WHEREAS, 1. On November 3, 2017, in accordance with UCC §3810, notice was given to affected property owners as shown on the last equalized assessment roll that on November 15, 2017, the City Council would conduct a public hearing on the creation of a new Underground District to be known as Underground District No. 3, which would encompass both sides of Gobbi Street between Orchard Avenue and State Street; and 2. At the hearing on November 15, 2017, the City Council requested the addition of property on Marshall Street to Underground District No. 3. The hearing was continued to December 6, 2017, to allow notice to be given to property owners on Marshall Street. On November 21, 2017, notice was given to owners of affected property on Marshall Street as shown on the last equalized assessment roll. The boundaries of Underground District No. 3, including Marshall Street, are more fully described in the attached Exhibit 1; and 3. Under UCC Sections 3811 and 3820, when the City Council establishes an underground district, it must fix the time within which the removal of poles, overhead wires and associated overhead structures and the underground installation of these facilities shall be completed and when affected property owners must be ready to receive underground service; and 4. On December 6, 2017, the City Council conducted the continued public hearing in accordance with UCC §3810, to consider establishing Underground District No. 3, its proposed boundaries and the schedule for completing the undergrounding of overhead facilities, including by utilities and property owners within the proposed District. The City Council also considered 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 within the boundaries. as depicted and described in the attached Exhibit 1; and 5. At least ten (10) days prior to the scheduled hearing, notice of such hearing was given to all affected property owners as shown on the last equalized assessment roll and all affected utilities in the manner and for the time required by law; and 6. 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 AS FOLLOWS: 1 1. The City Council finds that: a. Gobbi Street has been designated as a primary gateway into the City, provides access from U.S. Highway 101 through important commercial areas to the historic downtown business district, and accordingly passes through a civic area of unique scenic interest to the general public. b. The undergrounding to be accomplished will avoid or eliminate an unusually heavy concentration of overhead distribution facilities. c. Gobbi Street is extensively used by the general public and carries a heavy volume of pedestrian and vehicular traffic. d. 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 within the boundaries of Underground District No. 3, as described in the attached Exhibit 1. 2. Based on the foregoing findings: a. The removal and undergrounding of electrical facilities as herein provided shall apply to all of Underground District No. 3, as described in Exhibit 1. b. All poles, overhead wires and associated overhead structures shall be removed and underground installation made in Underground District No. 3 within the following times and in the following manner: (1) Underground installation by the utility companies, including the City of Ukiah Electric Department, AT&T and Comcast shall be completed by spring, 2020; (2) Said utilities shall share equally the costs associated with undergrounding their facilities within the public right of way, including, but not limited to, the costs of removing poles and overhead wires and related facilities, furnishing and installing conduits, conductors and associated equipment, and of trenching, compacting, backfilling, and paving over said facilities; (3) With permission of the property owner, the City Electric Department and the other utilities furnishing service to the property, including AT&T and Comcast, at the expense of the utilities, will install up to 100 feet of underground service lines and related equipment from the public right-of-way for Gobbi Street to the service equipment on the property. If the property owner does not consent in a form and within the time satisfactory to the Director of the Electric Department or his or her designee, the property owner shall install those facilities at his or her expense in compliance with specifications and project timeline adopted by the Electric Department. 2 1 1 1 1 1 1 3. By no later than 10 days after the adoption of this Resolution, the City Clerk shall mail a copy of this resolution and a copy of Ukiah City Code Sections 3800-3855 to affected property owners as shown on the last equalized assessment role and to affected utilities. PASSED AND ADOPTED on December 6, 2017, by the following roll call vote: AYES: Councilmembers Brown, Scalmanini, Crane, Mulheren, and Mayor Doble NOES: None ABSTAIN: None ABSENT: None ATTEST: bil4,.1)11/11_ Lam/6w-, Kristine Lawler, City Clerk 3 Kevi Doble Mayor EXHIBIT "1" CITY OF UKIAH UNDERGROUND DISTRIC NO. 3 BOUNDARY DESCRIPTION GOBBI STREET - STATE STREET TO ORCHARD AVENUE Starting at a point 100' West of the Westerly right-of-way line of State Street and 40' North of the Northerly right-of-way line of Gobbi Street; thence Easterly, parallel with the Northerly right-of-way line of Gobbi Street to a point 40' West of the Westerly right-of-way line of Main Street; thence Northerly 130', parallel with the Westerly right-of-way line of Main Street; thence Easterly, to 40' East of the Easterly right-of-way line of Main Street; thence Southerly 130', parallel with the Eastern right-of-way line of Main Street to 40' North of the Northerly right-of-way line of Gobbi Street; thence Easterly parallel with the Northerly right-of-way line of Gobbi Street to 40' West of the Westerly right-of-way line of Marshall Street; thence Northerly parallel with the Westerly right-of-way line to Main Street; thence Northerly to 40' North of the Northerly right -ow -way line of Marshall Street; thence Easterly parallel with the Easterly right-of-way line of Marshall Street to 40' North of the Northerly right-of-way line of Gobbi Street; thence Easterly parallel with the Northerly right-of-way line of Gobbi Street to 40' West of the Westerly right-of-way line of Leslie Street; thence Northerly 330', parallel with the Westerly right-of-way line of Leslie Street; thence Easterly to 40' East of the Easterly right-of-way line of Leslie Street; thence Southerly 330', parallel with the Easterly right-of-way line of Leslie Street to 40' North of the Northerly right-of-way line of Gobbi Street; thence Easterly, parallel with the Northerly right-of-way line of Gobbi Street to 70' East the Easterly right-of-way line of Orchard Avenue; thence Southerly to 40' South of the Southerly right-of-way line of Gobbi Street; thence Westerly, parallel with the Southerly right-of-way line of Gobbi Street to 100' past the Westerly right-of-way line of State Street; thence Northerly, to the point of beginning. 4 1 1 1 ECKED BY APPROVED BY W O NO GRID NO 14 SCALE NO SCALE AS BUILT DATE i CITY OF UKIAH ELECTRIC LOCATION GOBBI STREET - STATE ST TO ORCHARD AVE DESCRIPTION GOBBI STREET UNDERGROUND DISTRICT #3 EXHIBIT "1"