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HomeMy WebLinkAboutReso 1975-7763RESOLUTION NO. 7763 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DEFERRING THE PROVISIONS OF SECTION 34.101 OF THE CHULA VISTA CITY CODE REQUIRING THE UNDERGROUNDING OF UTILITIES - PACIFIC TELEPHONE & TELEGRAPH COMPANY SITE AT TELEGRAPH CANYON ROAD The City Council of the City of Chula Vista does hereby resolve as follows: [dHEREAS, the City Council of the City of Chula Vista has heretofore on June 3, 1975, held a public hearing as provided in Section 34.104 of the City Code to consider deferring the require- ment for undergrounding of utilities along Telegraph Canyon Road fronting the new Pacific Telephone & Telegraph Company site, and 4dHEREAS, after hearing all testimony, it has been deter- mined that because of the extraordinary conditions existing at said location, a deferral of undergrounding requirements would be justi- fied, based upon the following reasons: 1. That extraordinary conditions exist to the extent that enforcement of this subsection would result in unnecessary hardship to the subdivider or the utility company. 2. That subject deferral will not, under the circum- stances of the particular case, be detrimental to the health, safety or general welfare of the neighborhood. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that the requirement for undergrounding of utilities as contained in Section 34.101 of the City Code be, and the same is hereby deferred along Telegraph Canyon Road fronting the new Pacific Telephone & Telegraph Company site, upon condition that Pacific Telephone & Telegraph Company shall enter into an agreement with the City stipulating that Pacific Telephone & Tele- graph will underground the overhead utilities upon notice by the City at some future date and waiving the right to protest against said undergrounding. Presented by William Robens, Director of Public Works Approved as to form by ~ -(/~ ,~c7h-~,.~~ ~~. Wit- ~~~ ~ // George D. Lindberg, City Attorn ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 3rd day of 1975 , by the following vote, to-wit: .June AYES: CcunoiZmen Egdahl, Scott, Hobel, Hamilton, Hyde NAYES: Councilmen None ABSENT: Councilmen None ~1~'. ~'. Mayor of the City of Chula Vista ATTEST ~ t i ~ Q~ Cicy Clerk ~, STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M~ FULASZ, City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and ecrrect copy of that the same has not been amended or repealed. DATEti rSEALi CC-660 ty CZer and ~',