HomeMy WebLinkAboutROI NO 1288RESOLUTION OF INTENTION NO. 1288
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 30
(ROSEDALE, GIBSON).
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 30 (Rosedale, Gibson) 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 29,
2003, 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 30
(Rosedale, Gibson).
2. NOTICE IS FURTHER GIVEN that should District No. 2, Division 30
(Rosedale, Gibson), 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 30
(Rosedale, Gibson), 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 30
(Rosedale, Gibson) 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
30 (Rosedale, Gibson)."
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 1 $ ~00,~ , by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER ~.j~4%~ ~
PAMELA MCCARTHY, ¢~TY CLERK and' EX
OFFICIO CLERK of the Council of the City of
Bakersfield
APPROVED:
JAN ~. 5 ZOO3
HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVED AS TO FORM:
BART J. THILTGEN
City Attorney
S:\PROJ ECTS\Underground\ROl~-30RosedaleGibsonROI DOC
LEGAL DESCRIPTION
Underground District No. 2 Division No. 30
(Rosedale, Gibson)
A parcel of land situated in the City of Bakersfield, County of Kern, State of California,
being portions of Sections 23 and 26, T 29 S, R 27 E, M. D. B. & M. and more
particularity described as follows:
Beginning at the intersection of the centerlines of Rosedale Highway and Gibson
Street, said centerline of Rosedale Highway being 25.00 feet north of the south
line of said Section 23;
THENCE (1) Northerly, along the centerline of Gibson Street, a distance of 87.00
feet;
THENCE (2) Leaving said centerline, Easterly, along a line parallel to and 112.00
feet north of the south line of said Section 23, a distance of 1320 feet, more or
less, to a point on the mid section line of said Section 23;
THENCE (3) Continuing Easterly, along a line parallel to and 112.00 north of the
south line of said Section 23, a distance of 960.00 feet;
THENCE (4) Southerly, perpendicular to the south line of said Section 23, a
distance of 267.00 feet;
THENCE (5) Westerly, along a line parallel to and 80.00 feet south of the south
line of said Section 23, a distance of 960 feet, more or less to a point on the mid
section line of said Section 26;
THENCE (6) Northerly, along said mid section line, a distance of 105.00 feet;
THENCE (7) Westerly, along a line parallel to and 50.00 feet south of said
Section 23, a distance of 1320 feet, more or less to a point on the centerline of
Gibson Street;
THENCE (8) Northerly, along said centerline, a distance of 75.00 feet, to the
centerline of Rosedale Highway and the TRUE POINT OF BEGINNING.
EXHIBIT "A"
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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 16th day of January ,2003 she posted on the Bulletin
Board at City Hall, a full, true and correct copy of the following: Resolution of
Intention No. 1288 passed by the Bakersfield City Council at a meeting held on the
15th day of January 2003, and entitled:
A RESOLUTION CALLING A PUBLIC HEARING TO
DETERMINE WHETHER PUBLIC NECESSITY, HEALTH,
SAFETY OR WELFARE REQUIRED FORMATION OF AN
UNDERGROUND UTILITY DISTRICT WITHIN DESIGNATED
AREA- DISTRICT NO. 2, DIVISION 30 (ROSEDALE,
GIBSON)
/s/PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
Deputy-'Oity Clerk ~/~