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CC Resolution 10979 RESOLUTION NO. 10979 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AUTHORIZING THE PUBLIC WORKS DIRECTOR TO EXECUTE A REIMBURSEMENT AGREEMENT WITH THE 1590 WALTERS AVENUE OWNER FOR RELOCATION OF A UTILITY POLE AT 1570 & 1590 WALTERS AVENUE WHEREAS, on December 11, 2007 the developer of the property located at 1590 Walters Avenue received a Site and Architectural Review Permit (PLN 2007-104) to allow the construction of a new 3,768 square foot, two-story residence; and WHEREAS, a condition of approval for the 1590 Walters Avenue permit (PLN 2007- 104) is to relocate a utility pole between 1570 and 1590 Walters Avenue; and WHEREAS, a previous Deferred Street Improvement Agreement for 1570 Walters Avenue has been called and the owner has been notified to coordinate and share the responsibility of the utility pole relocation; and WHEREAS, the 1570 Walters Avenue property owner is not fulfilling the Deferred Street Improvement Agreement by not cooperating with the property owner of 1590 Walters Avenue; and WHEREAS, it would be most productive and cost effective to have the developer of the property located at 1590 Walters Avenue relocate the utility pole at this time; and WHEREAS, once the utility pole is relocated the City would reimburse the 1590 Walters Avenue developer of 50% of the costs associated with the pole relocation; and WHEREAS, following the relocation of the pole, the City Attorney will pursue reimbursement of the relocation cost from the property owner of 1590 Walters Avenue. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Campbell hereby authorizes the Public Works Director to execute a Reimbursement Agreement with the owner of the 1590 Walters Avenue property for the relocation of a utility pole at 1570 & 1590 Walters Avenue in an amount not to exceed $20,000. PASSED AND ADOPTED this 6th day of January, 2009 by the following roll call vote: AYES: NOES: ABSENT: Councilmembers: Kotowski, Furtado, Baker, Low, Kennedy Council members: None Councilmembers: None A22: ~ Anne Bybee, City Clerk Attachment 2 z o C\l ...... II - ...... Q) :J C Q) > <( ~ Q) ..- co ~ o 0') LO T""" - Q) Q) LL o o ...... o