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Home My WebLink About89-106 E ._ BOARD QF SUPERVISQRS GOl1NTY OF BUTTE, STATE OF CAL{FORNIA Resolufian N0.89-106 RESOLUTION ESTABLISITYNG DCJRHAM UNDERGROUND UTILITY DISTRICT N0. 1 BE IT RESOLVED by the Board of Supervisors of the County of Butte as follows: WHEREAS, by Resolution No. 89-083, a public hearing was called for Tuesday, July 11, 1989, at the hour of 10:00 a.m. in the Board of Supervisors Room of the Administration Building, Oroville, 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 service, within that certain area of the County generally described as follows: On both sides of the Midway, from 400 feet north of Durham- Dayton Highway to 500 feet south of Brown Street and on both sides of Durham-Dayton Highway, from Burdick Road to the Midway; 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. WHEREAS, the Board of Supervisors determined after hearing on the subject that the Underground Utility District herein created is in the general public interest for 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"; (3) "The said streets, roads or rights of way adjoin or pass through a civic area." NOW, THEREFORE, BE IT RESOLVED by the Board o£ Supervisors of the County of Butte, that, pursuant to Ordinance No. 981 of the County of Butte, the above described area is hereby declared an Underground Utility District, and is designated as Durham Underground Utility District No. 1 of the County of Butte. Attached hereto, marked Exhibit "A", and hereby incorporated as a part of this resolution, is a map delineating the boundaries of said District; RESOLVED, FURTHER, that the Board of Supervisors does hereby fix February 1, 1991 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 far supplying electric, communication or similar or associated service within Durham Underground Utility District N0. 1 on or before July 1, 1991; RESOLVED, FURTHER, that the utility which undertakes underground installation of its facilities shall use the underground conversion allocation computed pursuant to decisions of the Public Utilities Commission of the State of California for the purpose of providing to each premises in Durham Underground Utility District No. 1 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 County. Each property owner in Durham Underground Utility District No. 1 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 Clerk of the Board of Supervisors is hereby instructed to notify all affected utilities and all persons owning real property within Durham Underground Utility District No. 1 of the adoption of this resolution within ten (10) days after the date of such adoption. Said 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 -2- the State of California. Such notification shall be made by mailing a copy of this resolution together with a copy of said Ordinance No. 981 to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities. PASSED AND ADOPTED this 11th day of --- July -- 1989, by the following vote: AYES: Supervisors Dolan, Mclnturf, McLaughlin, Vercruse and Chairman Fulton NOES: None ABSENT: None NOT VOTING: None / n Chaan of Bo~rd of`Supervisors Cou y of Butte, Stateof California ATTEST: WILLIAM H. 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