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R 3665 RESOLUTION NO. 3665 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ESTABLISHING EAST GRAND AVENUE UNDERGROUND UTILITY DISTRICT NO. 7 WHEREAS, the City Council of the City of Arroyo Grande conducted a public hearing on the 25" day of March, 2003, at the hour of 7:00 P.M. in the Council Chambers of the City Hall, 215 E. Branch Street, Arroyo Grande, California, to ascertain whether the public necessity, health, safety or welfare required 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 services,within that certain area of the City of Arroyo Grande shown and described in the map entitled "East Grand Avenue Utility Undergrounding attached hereto as"Exhibit A"and made a part hereof by reference; and WHEREAS, notice of such hearing has been given to all affected property owners as shown on the last equalized assessment roll and utilities concerned 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 BY THE COUNCIL OF THE CITY OF ARROYO GRANDE AS FOLLOWS: That pursuant to Chapter 16.72 of the Arroyo Grande Municipal Code, the area of real property shown in "Exhibit A", is hereby declared an Underground Utility District, and is designated as "East Grand Avenue Underground Utility District No. 7 of the City of Arroyo Grande". BE IT FURTHER RESOLVED that the Council does hereby fix,that after written notice and demand delivered to property owners, said affected property owners must be ready to receive services by April 30, 2005, or at a later time as determined by the prime utility's construction schedule, and the Council does hereby order the removal of all public utilities of all poles, overhead wires and associated overhead structures and the underground installation of said wires and facilities for supplying electric communication, or similar or associated service within East Grand Avenue Utility District No. 7 before August 31, 2005. RESOLUTION NO. 3665 PAGE TWO BE IT FURTHER RESOLVED that the Director of Administrative Services / Deputy City Clerk is hereby instructed to notify all affected utilities and all persons owning real property within East Grand Avenue Utility District No. 7 of the adoption of this resolution within ten (10) days after the date of such adoption. Said Director Of Administrative Services / Deputy City Clerk shall further notify said property owners of the necessity that, if they or any person occupying such property desires to continue to receive electrical, telecommunication 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 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 section of the Municipal Code, to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities. BE IT FURTHER RESOLVED that the Council hereby finds, based on substantial evidence in the record of these proceedings, that the reasons for creation of such Underground Utility District are as follows: 1. The undergrounding to be accomplished will avoid or eliminate an unusually heavy concentration of overhead distribution facilities, 2. The streets, roads, or rights-of-way in the District are extensively used by the general public and carry a heavy volume of pedestrian and vehicular traffic and said undergrounding will promote the orderly control of such traffic. 3. The said streets, roads or rights-of-way adjoin or pass through a civic area, consequently, such underground is more efficient than any other method and adds to the aesthetic appearance of the area so undergrounded. On motion of Council Member Dickens, seconded by Council Member Costello, and on the following roll call vote, to wit: AYES: Council Members Dickens, Costello, Runels, Lubin and Mayor Ferrara NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 25th day of March, 2003. RESOLUTION NO. 3665 PAGE THREE e —rSt ' / -,I _dr TONY M. F RARA, MAYOR ATTEST: 6(14011 OLe KELLtWET AORE, DIRECTOR OF ADMINISTRATIVE SERVICES/ DEPUTY CITY CLERK APPROVED AS TO CONTENT: STE N ADAMS, CITY MANAGER APPROVED AS TO FORM: (Pt— TIMOTHY J. CARMEL, CITY ATTORNEY EXHIBIT "A" u a I i i \ , — � m i , , '1S W rNwili, , W , 1 , , I i 1 , S el rte. Z Q ,_ _ ,7) 1 NM w W I 1 ID WE et �-- Z Z Q - I I W O O :EiE: �QOC�' -ao � w _ 0 0 --I ch„. , az o Z W ia = ; O CK worez z = 1 O., D - 0 Q _J WIW O r8ri \ NI ei�arO i 1 RESOLUTION NO. 3665 OFFICIAL CERTIFICATION I, KELLY WETMORE, Director of Administrative Services/Deputy City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that Resolution No. 3665 is a true, full, and correct copy of said Resolution passed and adopted at a regular meeting of the City Council/Redevelopment Agency of the City of Arroyo Grande on the 25th day of March, 2003. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 28th day of March, 2003. KELLY TMORE, DIRECTOR OF ADMINISTRATIVE SERVICES/ DEPUTY CITY CLERK