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Home My WebLink AboutROI NO 1537 I RESOLUTION OF INTENTION NO. 1537 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 31 (SPORTS VillAGE) 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 31 (Sports Village) 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, JUNE 6, 2007, at the hour of 5:30 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 31 (Sports Village) . 2. NOTICE IS FURTHER GIVEN that should District No.2, Division 31 (Sports Village), 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 31 (Sports Village), 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 ~ fO~Kc-9 o ~ >- m I- r- '0 0 ORIGINAL 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 31 (Sports Village) 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 31 (Sports Village)." ----------000---------- 2 ~ fOf..Kc-? o ~ >- - I- m _ r- (.) 0 ORIGINAL 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 "UN 6 ZOOl , by the following vote: ~ NOES: ABSTAIN: ~ "....--- ...--- -- - ..........-- COUNCILMEMBER CARSON. BENHAM. WEIR. COUCH. HANSON. SULLIVAN. SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER ~~<<,c~ / ......--- ~-- /lsd, APPROVED .JUN 6 Z007 HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney BY:~7Jt ~ Exhibits A & 8 mps S:\PROJ E CTS\Underground\ROI\2-31 SportsVillageROI. DOC 3 ~ fOf..K~-? c ~ >- - I- m - r- (.) 0 ORIGINAL LEGAL DESCRIPTION UNDERGROUND UTILITY DISTRICT NO.2, DIVISION 31 A parcel of land situated in the City of Bakersfield and County of Kern, State of California, being the entire Section 33, and portions of Sections 27, 28, 29, 32, and 34, Township 30 South, Range 27 East, plus portions of Sections 3, 4, and 5, Township 31 South, Range 27 East, Mount Diablo Base and Meridian, as shown on Record of Survey Map, filed for record on February 26, 1969, in Book 9 of Record of Surveys at Page 176, in the Office of the Kern County Recorder, and more particularly described as follows: Beginning at a point on the Northwest quarter of said Section 4, said point also.. being on the centerline of Gosford Road, and being 117 feet South of the centerline of Taft Highway (State Route 119), and said point being the POINT OF BEGINNING; Thence (I) Westerly, along the line being 117 feet South of and parallel to the centerline of Taft Highway (State Route 119), a distance of 105 feet; Thence (2) Northerly, along the line being 105 feet West of and parallel to the centerline of Gosford Road, a distance of 5,517 feet more or less, to intersect the line being 105 feet North of and parallel to the centerline of McCutchen Road; Thence (3) Easterly, along the line being 105 feet North of and parallel to the centerline of McCutchen Road, a distance of 5,503 feet more or less, to intersect the line being 105 feet East of and parallel to the centerline of Ashe Road; Thence (4) Southerly, along the line being 105 feet East of and parallel to the centerline of Ashe Road, a distance of 5,500 feet more or less, to intersect the line being 117 feet South of and parallel to the centerline of Taft Highway (State Route 119); Thence (5) Westerly, along the line being 117 feet South of and parallel to the centerline of Taft Highway (State Route 119), a distance of5,391 feet more or less, to the POINT OF BEGINNING. Containing 695 Acres, more or less. END OF DESCRIPTION EXHIBIT "A" ~ fO~Kc-9 c ~ >- - I- m _ r- (.) 0 ORIGINAL EXHIBIT IIBII UNDERGROUND UTILITY DISTRICT NO.2, DIVISION 31 SEC. 29 T30S,R27E 105' SEC. 28 T30S,R27E (3) SEC. 27 T30S,R27E (2) 105' , / / ct. McCutchen ~oad . / / ./ / / / // ,/ // / ,/ / / .// /< / / / ,/ // /' ,/ /; /' /' // // ,./., /' / / ,/ / , // /' // ,// ,/ // ../ // /' / / /' // // /. .// / // / // / / / ,/ / ,/ / , // / ,/' // // /,/ / // / / / / /,/ / / ,/ / , / / ' ,/ / /' / / / /./ / / // / / / / 1/. // , / ,// / / ./ / / / ,/ / // / / / // ,/ / / SEC. 33 // / // / // /T30S,R27E/ // / // // // / /. // / // ///' I ///./, / / // // / //' //, / /./ /' / // / / / / / / /// // .////" /,'/" // / ,,//,'/ , / / / / / / ///./ ////'// / /// /// // / //' /// ,/// // / / // // ,/ / // / / (4) SEC. 32 T30S,R27E 105' SEC. 34 T30S,R27E ~ g a. ~ I ~ VI < u-J (1) I SEC. 5 T31S,R27E (5) ct.Taft Highway (State Route 119) SEC. 4 T31S,R27E SEC. 3 T31S,R27E CHECKED: ENGINEERING DEPARTMENT , NORTH - NOT TO SCALE fQ{l.I( ~ '9~ >- - I- ~ (.) 0 ORIGINAL DRAWN: JC CIlY OF BAKERSFIELD CALIFORNIA DATE: 01-02-07 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 7th day of June, 2007 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Resolution of Intention No. 1537. passed by the Bakersfield City Council at a meeting held on the 6th day of June. 2007 and entitled: 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 31 (SPORTS VILLAGE) PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield BY:~ :t-~ DEPUT Cit lerk S:\DOCUMENT\FORMS\AOP .ORD. wpd ~ fQ~/(C'-9 (;) % .:... - t: m t> {; ORfGJNAl