Loading...
HomeMy WebLinkAboutROI NO 1262RESOLUTION OF INTENTION NO. 1262 RESOLUTION CALLING A PUBLIC HEARING TO DETERMINE WHETHER PUBLIC NECESSITY, HEALTH, SAFETY OR WELFARE REQUIRES FORMATION OF AN UNDERGROUND UTILITY DISTRICT WITHIN DESIGNATED AREA - DISTRICT NO. 2, DIVISION 29 (BUENA VISTA, STOCKDALE) WHEREAS, Chapter 12.32 of the Municipal Code of the City of Bakersfield establishes a procedure for the creation of underground utility districts, and requires, as the initial step in such procedure, the declaration and holding of a public hearing to ascertain whether the public necessity, health, safety or general welfare requires the removal of poles, overhead wires and associated overhead structures, and the underground installation of wires and facilities for supplying electric, communication, cable television or similar and associated services in any such district; and WHEREAS, the underground utility district, hereinafter, called Underground Utility District No. 2, Division 29 (Buena Vista, Stockdale) to be formed is described in Exhibit "A", attached hereto. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. NOTICE IS HEREBY GIVEN that the public hearing will be held by and before the City Council of the City of Bakersfield on WEDNESDAY, January 23,2002, at the hour of 7:00 p.m., or as soon thereafter the matter may be heard, in the Council Chambers of the City Hall at 1501 Truxtun Avenue, Bakersfield, California, to ascertain whether public necessity, health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures, and the underground installation of wires and facilities for supplying electric, communication, cable television or similar and associated services in the Underground Utility District No. 2, Division 29 (Buena Vista, Stockdale). 2. NOTICE IS FURTHER GIVEN that should District No. 2, Division 29 (Buena Vista, Stockdale), be formed, all existing overhead communication and electric distribution facilities therein shall be removed in accordance with the provisions of Chapter 12.32 of the Municipal Code of the City of Bakersfield and the Resolution intended and proposed to be adopted, establishing such District No. 2, Division 29 (Buena Vista, Stockdale), at no expense to any property owner served from such overhead distribution facilities. Cost for underground of overhead communication and electric distribution facilities shall be paid for through Rule 20A Funds. Rule 20A conversion allocation funds shall be available for conversion of electric service panels (not to exceed $1,500.00 per service entrance excluding permit fees) to accept the new underground service facilities pursuant to the Public Utilities Commission of the State of California Advice Letter 1930-E. 3. NOTICE IS FURTHER GIVEN that at such hearing all persons interested shall be given an opportunity to appear and be heard. Said hearing may be continued from time to time as may be determined by the City council, whose decision shall be final and conclusive. 4. The area proposed to be included in District No. 2, Division 29 (Buena Vista, Stockdale) is shown upon that certain map or diagram attached hereto as Exhibit "B", which map or diagram is entitled "Underground Utility District No. 2, Division 29 (Buena Vista, Stockdale)." I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by Council of the City of Bakersfield at a regular meeting thereof held on JAN 9 200Z , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, BENHAM, MACGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER PAMELA MCCARTHY, CITY C~ERK and EX OFFICIO CLERK of the Council of the City of Bakersfield APPROVED JAN 9 Z002 HAI~/E~ L. HALL MAYOR of the City of Bakersfield APPROVED AS TO FORM: BART J. THILTGEN City Attorney S:\PROJ ECTS\U nderground\RO[~2-29BuenaVistaStockdaleROI .wpd 2 LEGAL DESCRIPTION Underground District No. 2 Division No. 29 (Buena Vista, Stockdale) A parcel of land situated in the City of Bakersfield, County of Kern, State of California, being portions of Section 1, T 30 S, R 26 E, and Section 6, T 30 S, R 27 E, M.D.B. & M., and more particularity described as follows: Commencing at the northeast corner of said Section 1, thence South 00 ° 49' 46" West, a distance of 1200.00 feet to the TRUE POINT OF BEGINNING; THENCE (1) South 89° 10' 14" East, a distance of 500.00 feet; THENCE (2) South 17° 55' 56" West, a distance of 1360.15 feet; THENCE (3) North 89° 10' 14" West, a distance of 160.00 feet; THENCE (4) North 00° 49' 46" East, a distance of 1300.00 feet; THENCE (5) South 89° 10' 14" East, a distance of 60.00 feet to the TRUE POINT OF BEGINNING. EXHIBIT "A" UNDERGROUND UTILITY DISTRICT NO. 2 DIVISION 29 BAKERSFIELD, CALIFORNIA SEC 36 31 TRICT BDUNDARY EXHIBIT 'B'~ AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) SS. County of Kern ) PAMELA A. McCARTHY, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on the 10th day of January ,2002 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Resolution of Intention No. 1262 .passed by the Bakersfield City Council at a meeting held on the 9th day of January 2002, and entitled: A RESOLUTION CALLING A PUBLIC HEARING TO DETERMINE WHETHER PUBLIC NECESSITY, HEALTH, SAFETY OR WELFARE REQUIRES FORMATION OF AN UNDERGROUND UTILITY DISTRICT WITHIN DESIGNATED AREA- DISTRICT NO. 2, DIVISION 29 (BUENA VISTA, STOCKDALE). /s/PAMELA A. McCARTHY City Clerk of the City of Bakersfield