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HomeMy WebLinkAboutCC Reso 2021-49 - State Street UG District No. 61 RESOLUTION NO. 2021-49 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ESTABLISHING THE BOUNDARIES AND OTHER PROVISIONS OF UNDERGROUND DISTRICT NO. 6- ALONG STATE STREET FROM NORTON STREET TO HENRY STREET AND MILL STREET TO GOBBI STEET WHEREAS, on September 20, 2021, in accordance with Ukiah City Code §3810, the City Clerk gave notice to affected property owners as shown on the last equalized assessment roll of the time, date, location and proposed boundaries of a new Underground District to be known as Underground District No. 6, which encompasses both sides of State Street from Norton Street to Henry Street and Mill Street to Gobbi Street, as more fully described in the attached Exhibit 1; and WHEREAS, under Ukiah City Code 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 WHEREAS, on October 6, 2021, the City Council conducted a public hearing in accordance with Ukiah City Code §3810, to consider establishing Underground District No. 6, 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 WHEREAS, 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 WHEREAS, 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. The City Council finds that: a.State 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 2 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.State 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 and improving electric, communication or similar or associated service within the boundaries of Underground District No. 6, 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. 6, 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. 6 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 Fall 2023; (2) Said utilities shall pay their allocated 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 along State 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. 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. 3 PASSED AND ADOPTED on October 6, 2021, by the following roll call vote: AYES: NOES: ABSTAINING: ABSENT: ______________________ Juan v. Orozco, Mayor ATTEST: ______________________ Kristine Lawler, City Clerk Councilmembers Duenas, Brown, and Mayor Orozco None None Councilmembers Crane and Rodin 4 Exhibit 1 CITY OF UKIAH UNDERGROUND DISTRICT NO. 6 NORTH BOUNDARY DESCRIPTION NORTH STATE STREET – NORTON STREET TO HENRY STREET Starting at a point located on the center line of West Henry Street and 25’ West of the Westerly right- of-way line of North State Street; thence Northerly, parallel with the Westerly right-of-way line of North State Street to the Northerly property line of 528 North State Street; thence Easterly to a point 25’ East of the Easterly right-of-way line of North State Street and 25’ North of the Northerly right- of-way line of Norton Street; thence Southerly, parallel with the Easterly right -of-way line of North State Street, to 36’ South of the Northerly property line of 401 North State Street; thence Westerly, to the point of beginning. CITY OF UKIAH UNDERGROUND DISTRICT NO. 6 SOUTH BOUNDARY DESCRIPTION SOUTH STATE STREET – MILL STREET TO GOBBI STREET Starting at a point located on the center line of West Mill Street and 25’ West of the Westerly right - of-way line of South State Street; thence Southerly, parallel with the Westerly right -of-way line of South State Street to the center line of Gobbi Street; thence Easterly, to 25’ East of the Easterly right- of-way line of South State Street; thence Northerly, parallel with the Easterly right-of-way line of South State Street, to the center line of East Mill Street, thence Westerly, to the point of beginning.