HomeMy WebLinkAboutORD NO 2733EMERGENCY ORDINANCE NO. 2733
NEW SERIES
AN EMERGENCY ORDINANCE OF THE COUNCIL OF THE CITY
OF BAKERSFIELD AMENDING SECTION 16.32.070 B.6. OF
THE BAKERSFIELD MUNICIPAL CODE RELATIVE TO SUB-
DIVISION IMPROVEMENTS.
WHEREAS, Section 16.32.070 of the Bakersfield Municipal
Code requires any developer to provide cable television service
to each lot in a subdivision tract, including industrial tracts;
and
WHEREAS, after staff and committee meetings with cable
television franchise representatives and developers, the Planning
Commission, on April 1, 1982, adopted its Resolution No. 20-82
establishing its policy that, under authority delegated to the
Planning Commission by the City Council as expressed in Section
16.32.090 D. of the Bakersfield Municipal Code, no cable television
service shall be required of the Developer of property shown on
an industrial parcel map if, based upon a waiver requested by a
subdivider supported with proof of satisfaction of the following
conditions, the Planning Commission finds that the omission of
such requirement will not create a break in cable television
service (to properties in the vicinity of the tract map) or, even
if such omission would result in a break in cable television
service, the closest available connection to existing cable
television facilities is more than five hundred (500) feet from
the closest point in the tract map to the point of such connection
(measured along existing or proposed utility easements); and
WHEREAS, the considerations specified in the above-
referenced Planning Commission Resolution supporting a waiver of
cable television service requirements are as appropriate in the
context of action upon an application for approval of a tentative
industrial tract map as in such action concerning an industrial
parcel map; and
WHEREAS, unless this Ordinance is adopted as an Emergency
Ordinance, adherence to the requirements of Section 16.32.070
will result in imposition of
unnecessary expenditures for
of industrial tracts; and
requirements for substantial and
cable television service by developers
WHEREAS, based upon the foregoing, this Council finds
and determines that this Emergency Ordinance is necessary for the
preservation of property.
NOW, THEREFORE, BE IT ORDAINED by the Council of the
City of Bakersfield as follows:
SECTION 1.
Section 16.32.070 B.6. of the Bakersfield Municipal
Code is hereby amended to read as follows:
16.32.070 In Subdivisions for Which Final Map is Required.
B.6. Services from public utilities, including cable television,
and services from sanitary sewers shall be made available for
each lot, and in such manner as will obviate the necessity for
disturbing the street pavement, gutter, culvert and curb when
service connections are made; provided, however, as to cable
television service, that the requirement for installation of such
service to any industrial tract may be waived if, based upon a
waiver requested by a subdivider supported with proof of satisfaction
of the following conditions, the Planning Commission finds that
the omission of such requirement will not create a break in cable
television service (to properties in the vicinity of the tract
map) or, even if such omission would result in a break in cable
television service, the closest available connection to existing
cable television facilties is more than five hundred (500) feet
from the closest point in the tract map to the point of such
connection (measured along existing or proposed utility easements).
SECTION 2.
This ordinance is an Emergency Ordinance within the
meaning of Section 24 of the City Charter and is to take effect
upon passage by the City Council.
......... o0o .........
I HEREBY CERTIFY that the foregoing Ordinance was passed
and adopted by the Council of the City of Bakersfield at a regular
meeting thereof held on the 14th day of April , 1982, by
the following vote:
,~Y~4: COUNCILMEN: BARTON, CHRISTENSEN, MEANS, PAYNE, RA'rrY, ROCKOFF, STRONG
CITY C a;fd Ex Officio Clerk of
Council of the City of Bakersfield
the
APPROVED this 14th day of April
· · ~ ield
~~AY of ~h/City~~of Ba~ersf
, 1982
APPROVED as to form:
CITY ATTORneY of the c~rky of Bakersfield
AJS:mm 3.
Aff av t of Iosttng ( r f an es
STATE OF CALIFORNIA, t
County of Kern ss.
PHILIP KELMAR, being duly sworn, deposes and says:
That he is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and
that oa ............................A..l~r...i....1..__.l._.~. .......................................................................,19..~.~... he posted on the Bulletin Board
at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City
at a meeting thereof duly held on .............Ap.~..~..~.......1...4.. .......................................................19..8...2-...., which ordinance
was numbere&........~.Z3.3 ......................New Series, and entitled:
An Emergency Ordinance of the Council of the City
of Bakersfield amending Section 16.32.070 B.6. of
the Bakersfield Municipal Code relative to Sub-
division Improvements.
Subscribed and sworn to before me this
16th day of Apr~ 1 ,19 82
~ ~ Marguerite Andes?on :~