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Home My WebLink About11-128Resolution No. 11-128 RESOLUTION ESTABLISHING UNDERGROUND UTILITY DISTRICT NUMBER 30C ALONG MYERS STREET FROM WYANDOTTE AVENUE TO LINCOLN BOULEVARD AND FINDING AND DETERMINING THAT PUBLIC NECESSITY, HEALTH, SAFETY, OR WELFARE REQUIRE REMOVAL OF POLES, OVERHEAD WIRES, AND ASSOCIATED OVERHEAD STRUCTURES, AND ORDERING REMOVAL OF SAME WHEREAS, by Resolution No. 11-124, titled "RESOLUTION CALLING A PUBLIC MEETING TO DETERMINE WHETHER PUBLIC NECESSITY, HEALTH, SAFETY OR WELFARE REQUIRE THE FORMATION OF AN UNDERGROUND UTILITY DISTRICT ON MYERS STREET FROM WYANDOTTE AVENUE TO LINCOLN BOULEVARD (PG&E PR03ECT -MYERS ST. BUTTE~COUNTY R20A), a public hearing was called for November 22, 2011, at the hour of 10:04 a.m., in the Board of Supervisors Room of the Administration Building, Oroville, California, to declare and determine a certain area of the County as an underground utility district to be known as Underground Utility District No. 30C for conduits, wires, cables and associated appurtenances, for the purpose of supplying electric, telephone, telegraph, cable television and other similar associated service by means of electrical materials or devices; and WHEREAS, the same day, hour, and place mentioned above were fixed as the time and place for a public hearing to ascertain whether the public necessity, health, safety, or welfare required the removal of poles, overhead wires, and associated overhead structures, and the undergraund installation of wires and facilities for supplying electric, communication, or similar or associated service, within that certain area of the County generally described as follows: Myers Street from Wyandotte Avenue to Lincoln Boulevard, (Underground Utility District No. 34C); and WHEREAS, notice of 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 Board of Supervisors determined after hearing on the subject that the underground utility district herein created is in the general public interest far the following reasons: 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 or vehicular traffic; and 3. The said streets, roads or rights of way adjoin or pass through a civic area. WHEREAS, the City of Oroville is also participating in the PG&E PROJECT -MYERS ST. BUTTE COUNTY R20A and will form an Underground Utility District for parcels within the City of Oroville along Myers Street from just below Oraville Dam Boulevard to Wyandotte Avenue. NOW, THEREFORE, BE TT RESOLVED by the Board of Supervisors of the County of Butte, pursuant to Chapter 26A of the Butte County Cade that a certain. area within the County, as more specifically described in Exhibit "A," entitled "BUTTE COUNTY UNDERGROUND DISTRICT 30C MYERS ST. FROM WYANDOTTE AVE. TO LINCOLN BLVD. {PG&E PROJECT -MYERS ST. BUTTE COUNTY RULE 20A)" and delineated in Exhibit "B," entitled "BUTTE COUNTY UNDERGROUND DISTRICT 30C MYERS ST. FROM WYANDOTTE AVE. TO LINCOLN BLVD. (PG&E PROJECT -MYERS ST. BUTTE COUNTY RULE 20A)," attached hereto and by this reference incorporated herein, is declared and determined to be an underground utility district for conduit, wires, and associated appurtenances for the purpose of supplying electric, communication, and other similar or associated services by means of electrical materials or devices. RESOLVED FURTHER, that the public necessity, health, safety, or welfare require 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, for all properties within Underground Utility District No. 34C -Myers Street from Wyandotte Avenue to Lincoln Boulevard as more specifically described in Exhibit "A," entitled "BUTTE COUNTY UNDERGROUND DISTRICT 30C MYERS ST. FROM WYANDOTTE AVE. TO LINCOLN BLVD. {PG&E PROJECT -MYERS ST. BUTTE COUNTY RULE 20A)" and delineated in Exhibit "B," entitled "BUTTE COUNTY UNDERGROUND DISTRICT 30C MYERS ST. FROM WYANDOTTE AVE. TO LINCOLN BLVD. {PG&E PROJECT -- MYERS ST. BUTTE COUNTY RULE 20A)," attached hereto and by this reference incorporated herein. RESOLVED FURTHER, that the Board of Supervisors does hereby fix October 30, 2016 as the "pale out date" on or before which the utility companies, cable television services, and other affected services complete the required underground substructure within Underground Utility 30C -Myers Street from Wyandotte Avenue to Lincoln Boulevard. RESOLVED FURTHER, that the Board of Supervisors does hereby fix Apri130, 2016 as the date on or before which affected property owners within Underground Utility District 30C -Myers Street from Wyandotte Avenue to Lincoln Boulevard be ready to receive underground service, and does hereby order the removal of all pales, 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 30C - Myers Street from Wyandotte Avenue to Lincoln Boulevard an or before October 30, 201b. RESOLVED FURTHER, that the utility which undertakes underground installation of its facilities shall use the underground conversion allocations computed pursuant to the decisions of the Public Utilities Commission of the State of California for the purpose of providing to each premises requiring it in Underground Utility District No. 30C -Myers Street from Wyandotte Avenue to Lincoln Boulevard, a maximum of one hundred (100} 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 County. Each property owner in Underground Utility District No. 30C -Myers Street from Wyandotte Avenue to Lincoln Boulevard 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, except that the utility which undertakes underground electric installation shall use said underground conversion allocation pursuant to the decisions of the California Public Utilities Commission for the purpose of providing to each of the premises requiring it in Underground Utility District No. 30C -Myers Street from Wyandotte Avenue to Lincoln Boulevard, up to one thousand five hundred dollars ($1,500) per service entrance for the conversion of electric service panels to accept underground service. RESOLVED FURTHER, that the Board of Supervisors hereby authorizes the utilization of its unexpended allocations from the Pacific Gas and Electric Company to the County of Butte pursuant to Decision Nos. 73078 and 82-01-18 of the California Public Utilities Commission for expenditures on PG&E PRO.IECT - MYERS ST. BUTTE COUNTY R20A undergrounding cost including that which exceeds the City of Oroville's committed allocations at time construction commences. RESOLVED FURTHER, that the Clerk of the Board of Supervisors is hereby instructed to notify all affected utilities and all persons owning real property along Myers Street from Wyandotte Avenue to Lincoln Boulevard being within the Underground Utility District No. 30C 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 in 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 Chapter 26A of the Butte County Code to affected property owners as such are shown an the last equalized assessment roll and to the affected utilities. PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of California, this 22nd day of November, 2011, by the following vote: AYES: Supervisors Connelly, Wahl, Kirk, Yamaguchi and Chair Lambert NOES: None ABSENT: None NOT VOTING: None ATT PAti BY: ;ve Lambert, Chair, of the Board of Supervisors Clerk of the Board of Supervisors