HomeMy WebLinkAboutRES NO 151-14RESOLUTION NO. 151 - 1 4
RESOLUTION ESTABLISHING UNDERGROUND UTILITY
DISTRICT NO. 2, DIVISION 38 (34th STREET - CHESTER
AVENUE TO UNION AVENUE)
WHEREAS, by Resolution of Intention No. 1804, adopted on July 16,
2014, a public hearing was called for August 13, 2014, at the hour of 5:30 p.m. in
the Council Chambers in the City Hall, 1501 Truxtun Avenue, Bakersfield,
California, 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,
within that certain area described in Exhibit "A ", attached hereto; and,
WHEREAS, notice of such hearing has been given to all affected
property owners as such are shown on the last equalized assessment roll and to
all utilities concerned in the manner and within the time required by law; and,
WHEREAS, such hearing has been duly and regularly held, and all
persons interested have been given an opportunity to appear and be heard.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
Bakersfield that, pursuant to Chapter 12,32 of Title 12 of the Municipal Code of
the City of Bakersfield, the above described area is hereby declared an
underground utility district and is designated as Underground Utility District No. 2,
Division 37 (34th Street - Chester Avenue to Union Avenue), of the City of
Bakersfield, Attached hereto, marked Exhibit "B ", and hereby incorporated as a
part of the Resolution, is a map or diagram entitled as follows: "UNDERGROUND
UTILITY DISTRICT NO. 2, DIVISION 38," delineating the boundaries of said District.
BE IT FURTHER RESOLVED 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 38 a maximum of one hundred feet of
individual electric service trenching and conductor, as well as backfill, paving
and conduit.
BE IT FURTHER RESOLVED that the Council does hereby fix December
31, 2018 as the date on which all affected utilities must have all facilities
installed, and have completed removal of all poles, overhead wires and
facilities for supplying electric, communication, cable television or similar or
associated services within Underground Utility District No. 2, Division 38. 8A�9
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BE IT FURTHER RESOLVED that the City Clerk is hereby instructed to
notify all affected utilities and all persons owning real property within
Underground Utility District No, 2, Division 38, of the adoption of this Resolution
within ten (10) days after the date of such adoption.
Such notification shall be made by mailing a copy of this Resolution
to all affected property owners as such are shown on the last equalized
assessment roll and to the affected utilities.
BE IT FURTHER RESOLVED that the Council hereby finds and
determines as follows:
1. The public necessity, health, safety or general welfare requires
the removal and undergrounding of poles, overhead wires and associated
overhead structures within Underground Utility District No. 2, Division 38.
2. The underground Utility District herein created is in the general
public interest for the reason that the streets, roads or rights -of -way in the District
are extensively used by the general public and carry a heavy volume of
pedestrian and vehicular traffic.
3. The Underground Utility District herein created is to avoid or
eliminate an unusually heavy concentration of overhead utility facilities.
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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 AN 13 2014 by the following vote:
YES'
NOES:
ABSTAIN:
ABSENT:
APPROVED:
IV
Vol ✓ we ✓ ✓ ✓ ✓
COUNCILMEMBER: RIVERA, MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, JOHNSON
COUNCILMEMBER:
COUNCILMEMBER:
COUNCILMEMBER: "Oeq .
ROBERTA GAFFORD, C
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
AUC, 13 2914
APPROVED AS TO FORM:
VIRGINIA GENNARO, CITY ATTORNEY
By 0AX
ANDREW HEGLUN
Deputy City Attorney
Exhibits A & B
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Exhibit "A"
That portion of Section 19, T29 South, Range 28 East, Mount Diablo Base
and Meridian, in the City of Bakersfield, County of Kern, State of California,
more particularly described as follows;
All of 34th Street from Chester Avenue east to Union Avenue, excluding the
intersections of 34th Street and Chester and 34th Street and Union, and
including all parcels with frontage on 34th Street between Chester Avenue
and Union Avenue.
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