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HomeMy WebLinkAboutROI NO 1237RESOLUTION OF INTENTION NO. 1237 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 28 (CALIFORNIA & R) 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 28, to be formed is described as follows: UNDERGROUND UTILITY DISTRICT NO. 2, DIVISION 28 Those portions of Sections 30 and 31, T. 29 S., R. 28 E., MD.B.&M, in the City of Bakersfield, County of Kern, State of California, being more particularly described as follows: Beginning at the intersection of the south right of way line of California Avenue (123.75 feet wide) and the west Right of way line of N Street (82.50 feet wide); Thence (1) Northerly along said west right of way line of N Street, a distance of 1163.25 feet, more or less to intersect the north right of way line of vacated 15th Street (82.5 feet wide); Thence (2) Easterly along said north right of way line of vacated 15th Street, a distance of 1815 feet, more or less, to intersect the east right of way line of S Street, (82.5 feet wide); Thence (3) Southerly, along said east right of way line, a distance of 429 feet, more or less, to intersect the south line ofl4th Street (82.5 feet wide); Thence (4) Easterly, along said south right of way line of 14th Street, a distance of 264 feet to intersect the east line of Block 375 per City of Bakersfield Map recorded November 25, 1898, in book 1 pages 13 and 14, also being the northerly prolongation of the east right of way line of T Street; Thence (5) Southerly along said east line of block 375 and 384, a distance of 610.50 feet, more or less, to intersect the north right of way line of California Avenue (123.75 feet wide); Thence (6) Easterly along said north right of way line, a distance of 300.00 feet; Thence (7) Southerly, at right angles to the north right of way line, a distance of 123.75 feet, to intersect the south right of way line of California Avenue; Thence (8) Westerly along the south right of way line, a distance of 2379 feet, moro or less, to intersect the west right of way line of N Street and the TRUE POINT OF BEGINNING. 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 16, 2001, at the hour of 7:00 p.m., oras 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 roquiros the removal of poles, overhead wiros 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 28, hereinabove described. 2. NOTICE IS FURTHER GIVEN that should District No. 2, Division 28, 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 28, 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 underg round 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 28 (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 28." '?,KE,~ 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 APR 2..2 ?n_~.~ , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER PAMELA MCCARTHY, CIT"~3LERK and EX OFFICIO CLERK of the Council of the City of Bakersfield APPROVED APR ,~5 HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED AS TO FORM: BART J. THILTGEN City Attorney S:\PROJECTS\Undergmund\ROI~2-28California&R ROI.wpd UNDERGROUND DISTRICT NO. 2-28 DISTR .ST TRUXTUN AVE / 16TH ST IIIIIIIII I I FI FI TRUXTUN AVE 14TH ST 11TH ST I II I 13TH ST .4TH ST 4TH ST 13TH ST CALIFF1RNIA AVE CT NOT TO SCALE EXHIBIT "A" 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 2nd day of May ,2001 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Resolution of Intention No. 1237 .passed by the Bakersfield City Council at a meeting held on the 25th day of April 2001, 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 28 CALIFORNIA & R) /s/PAMELA A. McCARTHY City Clerk of the City of Bakersfield De~puty city ~;lerk ' S:~)ocument\FORMS~AOP.ROI.wpd May 2, 2001 O~K~AL