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HomeMy WebLinkAboutROI NO 1175RESOLUTION OF INTENTION NO. 1175 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 26 ("Q" 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 heating 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 26, to be formed is described as follows: UNDERGROUND UTILITY DISTRICT NO, 2, DIVISION 26 PHASE I: That portion of Section 30, T. 29 S., R. 28 E., M.D.M., in the City of Bakersfield, County of Kern, State of California, being more particularly described as follows: Beginning at the point on intersection of the South right of way line of Traxtun Avenue (formerly Railroad Avenue) and the West right of way line of "P" Street, as per "Map of the City of Bakersfield" filed November 25, 1898 in Book I of Maps, Pages 13 and 14 in the Office of the Kern County Recorder; Thence easterly along the South tight of way line of Truxtun Avenue, 1,461 feet to meet the northwest comer of Block 8 as per Map of the "Kruse Tract" filed August 3, 1911 in Book 2 of Maps, Page 30 in the Office of the Kern County Recorder; Thence southerly along the West line of said Block 8 (East right of way line of "T" Street) 120 feet to meet the North right of way line of the 20 foot wide alley in said Block 8; Thence easterly, along said tight of way line, 125 feet to meet the northerly prolongation of the West right of way line of the vacated 29 foot-wide alley in said Block 8; ORIGIN,&[ Thence southerly along said fight of way line, 167.23 feet to meet the northerly fight of way line of the Burlington Northern-Santa Fe Railway; Thence southwesterly along said railway fight of way line, 469.71 feet to meet the East fight of way line of"S" Street; Thence southerly along said fight of way line, 130.29 feet to meet the easterly prolongation of the South line of Block 334 of said "Map of the City of Bakersfield"; Thence westerly along said prolongation line, 82.5 feet to meet the West right of way line of "S" Street, also being a point on the North line of vacated 15th Street: Thence continuing westerly along said North line, 610.5 feet to meet the East fight of way line of"Q" Street; Thence southerly along said fight of way line to meet the North fight of way line of 14th Street; Thence westerly along said fight of way line to meet the West fight of way line of"Q" Street; Thence northerly along said West fight of way line to meet the North fight of way line of the Burlington Northem-Santa Fe Railway; Thence, westerly along said fight of way line, 346.5 feet to meet the West line of vacated "P" Street; Thence northerly along said West line, 610.5 feet to the point of beginning. PHASE II: That portion of said Section 30, being more particularly described as tbllows: Beginning at the point of intersection of the North right of way line of 17th Street and the East fight of way line of"Q" Street; Thence easterly along said North fight of way line, 1,105 feet to met the northerly prolongation of the East line of Lot 15 in Block 6 of said "Kruse Tract": Thence southerly along said prolongation line, 82.5 feet to meet the South right of way line of 17th Street; Thence westerly along said right of way line, 58 feet to meet the West line of said Block 6; Thence southerly along said West line, 264 feet to meet the North right of way line of Truxtun Avenue; Thence easterly along said right of way line, 75 feet to meet the northerly prolongation of the East fight of way line of"T" Street; Thence southerly along said prolongation line, 115.5 feet to meet the South right of way line of Truxtun Avenue; Thence westerly along said right of way line, 1,032 feet to meet the East right of way line of"Q" Street; Thence northerly along said right of way line, 462 feet to the point of beginning. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as fbllows: 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, JULY 15, 1998, 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 required 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 26, hereinabove described. 2. NOTICE IS FURTHER GIVEN that should District No. 2, Division 26, 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 26, 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. However, cost of service panel conversions or individual electric service trenching and conductor, as well as backfill, paving and conduit in excess of one hundred feet (100') shall be borne by the individual property owner. 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 City Clerk shall notify all affected property owners as shown on the latest equalized county assessment roll, 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. 5. The area proposed to be included in District No. 2, Division 26 (described above) is shown upon that certain map or diagram attached hereto, which map or diagram is entitled Exhibit A - "Underground Utility District No. 2, Division 26." .......... 000 .......... 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 J[l~ ~ 4 ~J~ , by the following vote: AYES: COUNCILMEMBER Det,!OND, CARSON, SMITH, I~,~1~, ROl~ES, SULLIVAN, SALVAGG~O NOES: COUNCIUIE~R ~7/~ ~ the City of Bakersfield APPROVED JUN 2 4 ~Jo~8 OR~GiN^L MAYOR of the City of Bakersfield APPROVED as to form: JUDY K. SKOUSEN CITY ATTORNEY G:\GROUPDAT\Iega[\ 1998 ,Resolution of Intention 1175 .wpd OFIIGINAL 17TH STREET 16TH STREET 14TH STREET A AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) 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 1st day of July ,1998 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Resolution of Intention No. 1175 , passed by the Bakersfield City Council at a meeting held on the 24th day of June. 1998, 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 26 ("Q" STREET) /s/PAMELA A. McCARTHY City Clerk of the City of Bakersfield DEPUTY City Clerk S:\DOCUMENT~AOPOSTING July 1, 1998