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Home My WebLink AboutROI NO 1590 RESOLUTION OF INTENTION NO. 1590 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 32 (South Mill Creek Mixed-Use Project) 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 32 (South Mill Creek Mixed - Use Project) 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, May 21,2008, 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 32 (South Mill Creek Mixed - Use Project) 2. NOTICE IS FURTHER GIVEN that should District No.2, Division 32 (South Mill Creek Mixed - Use Project), 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 32 (South Mill Creek Mixed - Use Project), 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 ~ 'O"'I(~~ <::> ~ ~ ~ (.) b 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 32 (South Mill Creek Mixed - Use Project) 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 32 (South Mill Creek Mixed - Use Project)." ----------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 MAR 26 Z008 , by the following vote: ~ NOES: ABSTAIN: ABSENT: COUNCILMEMBER: CAR~BEN~ ~~, HA~, SU~AN, SC~R COUNCILMEMBER f\.Ol'\.-L COUNCILMEMBER ~ COUNCILMEMBER Y\CT\.J2... APPROVED: HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GE ARO City Attorney By: Exhibits A & 8 mps S:\PROJECTS\Underground\ROI\2-32 S. Mill Creek Mixed-useROI.DOC 2 ~ 'Of>,k~1' <::> % .':>.. - I- m - r- o 0 ORIGINAL LEGAL DESCRIPTION UNDERGROUND UTLITY DISTRICT NO.2, DIVISION 32 (SOUTH MILL CREEK) Those portions of Sections 30 and 31, Township 29 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: Commencing at the South quarter corner of said Section 30, said point also being the centerline intersection California A venue and P Street; thence Westerly along the south line of said Section 30, and said centerline of California Avenue, a distance of 91.25 feet to a point 50 feet west of the west right of way line of said P Street, said point also being the TRUE POINT OF BEGINNING; Thence (1) Northerly along a line 50 feet west of and parallel to said west right of way line of P Street, a distance of 376.24 feet, more or less, to a point on the centerline of 13th Street; Thence (2) Northeasterly and along multiple curves 50 feet west of and parallel to the west right of way line of Q Street and the prolongation thereof, a distance of 882.57 feet, more or less; Thence (3) Easterly. a distance of 875.50 feet, more or less, to a point 50 feet east of the east right of way line of S Street; Thence (4) Southerly along a line 50 feet east of and parallel to said east right of way line of S Street, a distance of 1,264.25 feet, more or less, to a point 50 feet south of the south right of way line of said California Avenue; Thence (5) Westerly along a line 50 feet south of and parallel to said south right of way line of California A venue, a distance of 1,222.0 feet, more or less, to a point 50 feet west of said west right of way line of P Street; Thence (6) Northerly along aforementioned line 50 feet west of and parallel to the west right of way line of P Street, a distance of 111.88 feet, more or less, to the POINT OF BEGINNING. Containing 30.5 Acres, more or less END OF DESCRIPITION EXHIBIT" A" ~ ~f>,k~1' o % .':>.. - I- m - r- o 0 ORIGINAL EXHIBIT II B" UNDERGROUND UTILITY DISTRICT NO.2, DIVISION 32 (SOUTH MILL CREEK) \ I , BL.OCK 333 (3) BL.OCK 334 i BL.OCK 335 I I I \ ", ! I I It I BL. k:K 3~ BLOCK 345 I ~LC ~K 344 I I I --- I 14THSl1lEET) / I-----~ (2~/ t t BLOC 7 /ft- ~ !Hi ~ f' BLOCK 373 - ~ BLOCK 374 ~I BU K 375 /; .., VI' ~/ I 1 -- -1-1:::::1-- --...L. [13TH ~!!ID - -:-1 f- - - --- I ~i I [J. . i ~ i -~ ~I - . I I I S BLOCK 387 I BLe ':K 386 I BLOCK 385 I u r -~ 'Ul (1; Iii OJ 0 i ~ _~~i~1C'sEC'lL__L-E.~~___---lt CAurORNI~ A~~__ __ / ~1-T29s,~28c r 1- I L:- P.O.B.1 I SEC. 31 I I (6) I I T29S. ~28E I I I I 1 ; (5) I I I I I , NORTH - NOT TO SCAL.E BLOCK 332 BLOCk 347 D.A TE: 1-15-08 CITY OF BAKERSFIELD CALIFORNIA DR.AWN: JC CHECKEl); ENGINEERDNG bEPARTMENT (4) Ot "". ~ K~ ~ g ORIGINAL 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 27TH day of MARCH. 2008 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Resolution of Intention No. 1590, passed by the Bakersfield City Council at a meeting held on the 26TH day of MARCH. 2008 and entitled: A RESOLUTION OF THE COUNCIL 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 32 (SOUTH MILL CREEK MIXED USE PROJECT) PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield B~~ DEPUTY City Clerk S:\DOCUMENT\FORMS\AOP.ROI. wpd 3/26/2008 ~ ,<>Ak~1' o ~ .':>.. - I- m - r- o 0 ORIGINAL RESOLUTION OF INTENTION NO. 1590 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 32 (South Mill Creek Mixed-Use Project) i.--..--...----- i POSTED ON ?(2-Z!Og by City Clerk's Office City of Ba~field (.by ~ 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 32 (South Mill Creek Mixed - Use Project) 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, May 21,2008, 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 32 (South Mill Creek Mixed - Use Project) 2. NOTICE IS FURTHER GIVEN that should District No.2, Division 32 (South Mill Creek Mixed - Use Project), 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 32 (South Mill Creek Mixed - Use Project), 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 1 ~ ~M'~1' a % .':>.. - I- m - r- o 0 ORIGINAL