CC Resolution No. 99-083RESOLUTION NO. 99-083
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
CREATING A SPECIFIC UNDERGROUND UTILITY DISTRICT AND
ESTABLISHiNG UTILITY DISTRICT NO. 15, STEVENS CREEK BOULEVARD BETWEEN
ROUTE 85 AND BYRNE AVENUE
BE IT RESOLVED by the City Council of the City of Cupertino as follows:
WHEREAS, by Resolution No. 99-061, a public hearing was called for Monday, March 15,
1999, at the hour of 6:45 p.m. in the Council Chamber in City Hall, Cupertino, California, to ascertain
whether the public necessity, health, safety or welfare requires the removal of poles, overhead wires
and facilities for supplying electric, communication, or similar or associated service, within that certain
area of the City described as Stevens Creek Boulevard between Route 85 and Byrne Avenue; 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 City Council of the City of Cupertino, that
pursuant to Section 14.20 of the Cupertino Municipal Code, the above described area is hereby
declared an Underground Utility District, and is designated as Underground Utility District No. 15 of
the City of Cupertino. Attached hereto, marked Exhibit "A", and hereby incorporated as a part of this
resolution, is a map delineating the boundaries of said District.
BE IT FURTHER RESOLVED, that the City Council 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 associated service within Underground
Utility District No. 15.
BE IT FURTHER RESOLVED, that the City Clerk is hereby instructed to notify all affected
utilities and all persons owning real property within Underground Utility District No. 15 of the
adoption of this resolution within ten (10) days after the date of such adoption. Said City 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 similar or associated service, they or such
occupant shall, 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 Section 14.20 of the Cupertino Municipal Code, to affected property
owners as such are shown on the last equalized assessment roll and to the affected utilities.
Resolution No. 99-083
BE IT FURTHER RESOLVED AS FOLLOWS:
The Underground Utility District herein created is in the general public interest for the
following reason:
(1) The streets, roads, or fights of way in the District are extensively used by the general
public and carry a heavy volume of pedestrian or vehicular traffic.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino
this 15th day of March, 1999, by the following vote:
Vote
Members of thee City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
BURNETT, CHANG, JAMES, STATTON, DEAN
NONE
NONE
NONE
ATTEST:
City Clerk (/ '
APPROVED: K
Mayor, City Of C~perti~'6~