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HomeMy WebLinkAboutROI NO 1802RESOLUTION OF INTENTION NO. 1802 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 36 (STINE ROAD, PANAMA LANE TO RYZONA STREET) 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 36 (Stine Road, Panama Lane to Ryzona Street) 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 August 13, 2014, at the hour of 5:30 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 36 (Stine Road, Panama Lane to Ryzona Street). 2. NOTICE IS FURTHER GIVEN that should District No. 2, Division 36 (Stine Road, Panama Lane to Ryzona Street), 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 36 (Stine Road, Panama Lane to Ryzona Street), 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. o`�eAK4 � m v o ORIGINAL 3. NOTICE IS FURTHER GIVEN that the electric 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 of the premises in Underground Utility District No. 2, Division 36 a maximum of one hundred feet of individual electric service trenching and conductor, as well as backfill, paving and conduit. 4. 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. 5. The area proposed to be included in District No. 2, Division 36 (Stine Road, Panama Lane to Ryzona Street) 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 36 (Stine Road, Panama Lane to Ryzona Street) ". - - - -- 000 - - - -- REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE FOLLOWS o� �5 AKF � s ►= r v o ORIGINAL I HEREBY CERTIFY that the foregoing Resolution was passed and adopted, by the Council of the City of Bakersfield at a regular meeting thereof held on IUL 16 2014 by the following vote: APPROVED: JUL 16 2014 LL, WEIR, SULLIVAN, JOHNSON ROBERTA GAFFORD C CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield Mayor APPROVED AS TO FORM: VIRGINIA ENNARO, CITY ATTORNEY ANDREW HEGL. Associate Attorney S: \PROJECTS \Underground \ROI\2 -36 Stine.doc OAKF,9p U ORIGINAL COUNCILMEMBER: RIVERA, NOES: COUNCILMEMBER: ABSTAIN: _pal COUNCILMEMBER: COUNCILMEMBER: APPROVED: JUL 16 2014 LL, WEIR, SULLIVAN, JOHNSON ROBERTA GAFFORD C CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield Mayor APPROVED AS TO FORM: VIRGINIA ENNARO, CITY ATTORNEY ANDREW HEGL. Associate Attorney S: \PROJECTS \Underground \ROI\2 -36 Stine.doc OAKF,9p U ORIGINAL Exhibit "A" Those portions of Sections 26 and 27, T30 South, Range 27 East, Mount Diablo Base and Meridian, in the City of Bakersfield, County of Kern, State of California, more particularly described as follows: All of Stine Road from Panama Lane south to Ryzona Street, including the intersection of Stine Road and Panama nad the intersection of stine Road and Ryzona Street, and including all parcels with frontage on Stine Road between Panama Lane and Ryzona Street, excluding lots 1, 20 and 21 of Tract 6639 and Lots 1 and 41 of Tract 6141; also including Ryzona Street from Stine Road to a point approximately 966 feet west of the intersection of Stine Road and Ryzona Street. CADocuments and Set tings\jobert\ Local Settings \Temporary Internet Files\ Content .Outlook \6GB3QU3Y \Stine.docx O� gAK4c9� U Q ORIGINAL AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) ss. County of Kern ) ROBERTA GAFFORD, 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 24th day of July, 2014 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Resolution of Intention No. 180 'Zpassed by the Bakersfield City Council at a meeting held on the 16th day of July, 2014 and entitled: 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 36 (STINE ROAD, PANAMA LANE TO RYZONA STREET) ROBERTA GAFFORD City Clerk and Ex Officio of the Council of the City f Bakersfield By: U DEPU City Clerk SID0CUMENTT0RMSW0P.R01.wpd