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HomeMy WebLinkAboutRES NO 063-01RESOLUTION NO. 0 6 3- 0 ~.' RESOLUTION ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 2, DIVISION 28 (CALIFORNIA & R) WHEREAS, by Resolution of Intention No. 1237, adopted on April 25, 2001, a public hearing was called for May 16, 2001, at the hour of 7:00 p.m. in the Council Chambers in the City Hall, 1501 Truxtun Avenue, Bakersfield, California, 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, within that certain area, more particularly described as follows: UNDERGROUND UTILITY DISTRICT NO. 2, DIVISION 28 Those portions of Sections 30 and 31, T. 29 S., R. 28 E., M.D.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, more or less, to intersect the west right of way line of N Street and the TRUE POINT ©F BEGINNING; and, WHEREAS, notice of such hearing has been given to all affected property owners as such are shown on the last equalized assessment roll and to all utilities concerned in the manner and within the time required by law; and, WHEREAS, such hearing has been duly and regularly held, and all persons interested have been given an opportunity to appear and be heard. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield that, pursuant to Chapter 12.32 of Title 12 of the Municipal Code of the City of Bakersfield, the above described area is hereby declared an underground utility district and is designated as Underground Utility District No. 2, Division 28, of the City of Bakersfield. Attached hereto, marked Exhibit "A", and hereby incorporated as a part of the Resolution, is a map or diagram entitled as follows: UNDERGROUND UTILITY DISTRICT NO. 2, DIVISION 28", delineating the boundaries of said District. BE IT FURTHER RESOLVED that the electric utility which undertakes underground installation of its facilities shall use the underground conversion allocation computed pursuant to decisions of the Public Utilities Commission of the State of California for the purpose of providing to each of the premises in Underground Utility District No. 2, Division 28, requiring a maximum of one hundred feet of individual electric service trenching and conductor, as well as backfill, paving and conduit. BE IT FURTHER RESOLVED that the Council does hereby fix March 15, 2002 as the date on which all affected utilities must have all facilities installed, and have completed removal of all poles, overhead wires and facilities for supplying electric, communication, cable television or similar or associated services within Underground Utility District No. 2, Division 28. BE IT FURTHER RESOLVED that the City Clerk is hereby instructed to notify all affected utilities and all persons owning real property within Underground Utility District No. 2, Division 28, of the adoption of this Resolution within ten (10) days after the date of such adoption. Such notification shall be made by mailing a copy of this Resolution to all affected property owners as such are shown on the last equalized assessment roll and to the affected utilities. 2 BE IT FURTHER RESOLVED that the Council hereby finds and determines as follows: 1. The public necessity, health, safety or general welfare requires the removal and undergrounding of poles, overhead wires and associated overhead structures within Underground Utility District No. 2, Division 28. 2. The underground Utility District herein created is in the general public interest for the reason that the streets, roads or rights-of-way in the District are extensively used by the general public and carry a heavy volume of pedestrian and vehicular traffic. 3. The Underground Utility District herein created is to avoid or eliminate an unusually heavy concentration of overhead utility facilities. .......... o0o .......... 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 M~,¥ 1 P, ~,~.. . by the following vote: AYES: N©ES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON,~HAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER COUNCILMEMBER ?,~, COUNCILMEMBER PAMELA MCCARTHY. CIT~'CLERK and EX OFFICIO CLERK of the Council of th~ City of Bakersfield APPROVED MAY 16 ZD(]f HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED AS TO FORM: BART J. THILTGEN City Attorney S:\PROJ ECTS\Underground\Estab\2-28Calif&REstab.wpdu 4 UNDERGROUND DISTRICT NO. 2-28 DI3TR / TRUXTUN AVE ]T BOUNDARY 16TH ST ~1111111111 I I FI F1 TRUXTUN AVE 14TH ST llTH ST 13TH ST 14TH ST 14TH ST 13TH ST CALIFBRNIA AVE ii I CT NOT TO SCALE EXHIBIT "A"