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BE IT RESOLVED by the Board of Supervisors of the County of Butte as
WHEREAS, by Resolution No. 94-97, a public hearing was called for
Tuesday, October 11, 1994, at the hour of 10:30 a.m. in the Soard 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 East Park Avenue
to 100 feet south of the Speedway and on both sides
of Hegan Lane, from Midway to 50D feet westerly
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 fallowing 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, SE IT RESOLVED by the Board of 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 Midway 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
October 31, 1996 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 for supplying electric, communication or
similar or associated service within Midway Underground Utility District No. 1
on or before April 30, 1997;
RESOLUTION $STASLISHIN(i MIDWAY
l1NDER(iROUND IITILITY DISTRICT NO. 1
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 Midway 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 an file with the California Public
Utilities Commission or as required by its Franchise Agreement with the County.
Each property owner in Midway Underground Utility District No. 1 shall be
responsible for the installation and maintenance of the conduit and termination
box located an, under or within any structure on the premises served.
RESOLVED FURTHER, that the Board of Supervisors hereby authorizes the
utilization of its unexpended allocations Pram the Pao ific Gas and Electric
Company to the County of Butte pursuant to Decision Nos. 73078 and 82-O1-18 of
the California Public Utilities Commission for expenditure an the joint
County/City conversion project. Such County unexpended allocations will be
utilized to the extent that the total undergrounding costs exceed the City of
Chico's unexpended 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 within Midway 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 ar 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 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 Dctober , 1994, by the
fallowing vote:
AYES: Supervisors Meyer, Roux, Dolan, Thomas, and Chair McLaughlin
NOES:
ASSENT:
NOT VOTING:
ED MCLAUGHLIN Chair
Board of Supe visors, County of Butte
ATTEST: JOHN S. BLACKLOCK, Chief Administrative
Officer and Clerk of the Board of Supervisors
By:
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