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HomeMy WebLinkAboutROI NO 1024RESOLUTION OF INTENTION NO. 1024 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD, CALLING A PUBLIC HEARING TO DETERMINE WHETHER PUBLIC NECESSITY, HEALTH, SAFETY OR WELFARE REQUIRES FORMATION OF AN UNDERGROUND UTILITY DISTRICT WITHIN DESIG- NATED AREA (DISTRICT NO. 2, DIVISION 14) ON "H" STREET BETWEEN TRUXTUN AVENUE AND 14TH STREET. WHEREAS, Chapter 12.32 of the Municipal Code of the City of Bakersfield establishes a procedure for the creation of under- ground 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 gen- eral 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 called Underground Utility District No. 2, formed is described as follows: district, hereinafter Division 14, to be UNDERGROUND UTILITY DISTRICT NO. 2~ DIVISION 14 That the area in the City of Bakersfield, State of California~ more particularly described as follows: Beginning at the intersection of the westerly line of "H" Street with the centerline of Truxtun Avenue; Thence easterly along said centerline of Truxtun Avenue to a point within the easterly line of "H" Street; 2) Thence southerly along said easterly line of "H" Street to a point within the center- line of 14th Street; 3) Thence westerly along said centerline of 14th Street to a point within the westerly line of "H" Street; 4) Thence northerly along said westerly line of "H" Street to the Point of Beginning. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. NOTICE IS HEREBY GIVEN that a public hearing will be held by and before the City Council of the City of Bakersfield on JUNE 3, 1987, at the hour of 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chambers of the City Hall at 1501Truxtun Avenue, Bakersfield, California, to ascertain whether the public necessity, health, safety or welfare required the removal of poles, overhead wires and associated overhead structures, and the underground installation of wires and facili- ties for supplying electric, communication, cable television or similar and associated services in Underground Utility District No. 2, Division 14, hereinabove described. 2. NOTICE IS FURTHER GIVEN that should District No. 2, Division 14, 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 14, that each property owner served from such overhead distribution facilities will be required to provide, in accor- dance with the rules of the Public Utilities Commission of the State of California for underground services, all changes on his premises necessary to receive service from the underground installation of utilities when made available; that each property owner, if not in possession of the affected property, shall notify the occupant thereof; and that the utilities (as defined in Chapter 12.32 of the Municipal Code) supplying electric, com- munications, cable television or similar service, will be author- ized to discontinue all overhead services. 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. That the City Clerk shall notify all affected prop- erty owners as shown on the latest equalized County assessment roll, and the utility companies (utilities), of the time and place of such hearing by mailing a copy of this resolution to such property owners and utilities concerned at least ten (10) days prior to the date of such hearing. - 2 - 5. The area proposed to be included in District No. 2, Division 14 (described above) is shown upon that certain map or diagram in the office of the City Clerk of the City of Bakersfield, which map or diagram is entitled "Underground Utility District No. 2, Division 14". .......... o0o .......... -3- 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 May 6, 1987 , by the following vote: ABSENT: COUNCILMEMBERSi A, BSTAINING: COUNCILMEMBERS: ~*'~(~, CITY CLERK and Ex Officio Clerk of Council of the City of Bakersfield the APPROVED May 6, 1987 MAYOR of the City of Bakersfield APPROVED as to form: C~T]~ ATTORNEY of the City of Bakersfield AJS/meg R.I.1024 -4- 112-04 UNDERGROUND UTILITY DISTRICT NO. 2, DIVISION 14 That the area in the City of Bakersfield, State of California, more particularly described as follows: Beginning at the intersection of the Westerly line of "H" Street with the Centerlin'e of Truxtun Avenue; 1) Thence Easterly along said Centerline of Truxtun Avenue to a point within the Easterly line of Street; 2) Thence Southerly along said Easterly line of "H" Street to a point within the Centerline of 14th Street; 3) Thence Westerly along said Centerline of 14th Street to a point within the Westerly line of "H" Street; 4) Thence Northerly along said Westerly line of "H" Street to the Point of Beginning. TRUX TUN ADDITION I 1 ' ~ 12 TH S TREE L ~l~ ~ OAL/FOR/WA I ii I ERN COU~ COURT: UNDERGROUND UTILITY DISTRICT NO. 2 DIVISION 14 A, ffihav ! of Besolu on of nten on STATE OF CALIFORNIA [ ss. County of Kern CAROL WILLIAMS, 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 Hay 14 , 19 87 , she posted on the Bulletin Board at the City Hall, a full, true and correct copy of a Resolution of Intention passed by the Council of said City at a meeting thereof duly held on May 6 , 19 87 , which Resolution of Intention was numbered 1024 , and entitled: A Resolution of the Council of the City of Bakersfield 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 14) on "H" Street between Truxtun Avenue and 14th Street. City Clerk