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HomeMy WebLinkAboutROI NO 1605RESOLUTION OF INTENTION NO. 1605 RESOLUTION CALLING A PUBLIC HEARING TO AMEND RESOLUTION NO. 133-07 MODIFYING THE BOUNDARIES OF UNDERGROUND UTILITY DISTRICT NO. 2, DIVISION 31 (SPORTS VILLAGE) WHEREAS, the City Council of the City of Bakersfield, heretofore by Resolution 133-07, adopted June 20, 2007, established Underground Utility District No. 2, Division 31 (Sports Village); and WHEREAS, no underground work has been done as of this date and the development plan within the established district has been changed; and WHEREAS, the City desires to modify the boundaries of the district and underground only those utilities within the development area of the proposed Sports Village; and WHEREAS, the City desires to amend the district boundaries as established by Resolution 133-07 as proposed in this amendment. NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Bakersfield hereby amends Resolution No. 133-07 as follows: 1. NOTICE IS HEREBY GIVEN that the public hearing for the Amendment will be held by and before the City Council of the City of Bakersfield on WEDNESDAY, August 20, 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 all property owners and utilities companies affected by the amendment and as such are shown on the last equalized assessment roll will be notified and shall be given an opportunity to appear and be heard in the manner and within the time required by law. 2. 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; and 3. NOTICE IS FURTHER GIVEN 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 31 a maximum of one hundred feet of individual electric service trenching and conductor, as well as backfill, paving and conduit. 4. NOTICE IS FURTHER GIVEN that should the Amendment to District No. 2, Division 31 (Sports Village), be adopted, all existing overhead communication and electric distribution facilities therein shall be removed in accordance eAKF with the provisions of Chapter 12.32 of the Municipal Code of the City of Bakersfield and o`` 9~~ 1 U Q ORIGINAL the Resolution intended and proposed to be adopted, amending such District No. 2, Division 31 (Sports Village), shall be 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. 5. NOTICE IS FURTHER GIVEN that The proposed Amendment to District No. 2, Division 31 (Sports Village) is shown upon that certain map and description attached hereto, respectively, as Exhibit "A", Legal Description, and Exhibit "B", District Map, of "Underground Utility District No. 2, Division 31 (Sports Village)." BE IT FURTHER RESOLVED that the Council does hereby fix July 31, 2009 as the new 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 31. ----------000---------- o~gAKF ~ s 2 ~ m U 0 ORIGINAL HEREBY CERTIFY that the foregoing Resolution was passed and adopted by Council of the City of Bakersfield at a regular meeting thereof held on JUL 3 0 2008 , by the following vote: AYE COUNCILMEMBER S: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER /~~~ ~ CITY CLERK and Ex Officio Jerk of the Council of the City of Bakersfield APPROVED JUL 3 0 2008 By: HA MAYOR of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By /~zm r Exhibits "A" & "B" do S:\PROJECTS\Underground\ROI\2-31SportsVillageR01_Amendment with ROI.DOC 3 v ORIGINAL EXHIBIT "A" LEGAL DESCRIPTION UNDERGROUND UTILITY DISTRICT N0.2, DIVISION 31 (SPORTS VILLAGE) Two strips of land, both 210 feet-wide, and 105 feet on either side of the centerline, located in the City of Bakersfield and County of Kern, State of California, being portions of Sections 32, 33, and 34, Township 30 South, Range 27 East, Mount Diablo Base and Meridian, the centerlines of which are more particularly described as follows: PARCEL A Beginning at the Southwest corner of said Section 33, said point also being centerline intersection of Taft Highway (State Route 119) and Gosford Road; thence Northerly along the West line of said Section 33, and said centerline of Gosford Road, a distance of 1,710 feet. Containing 8.24 Acres, more or less PARCEL B Beginning at the Southeast corner of said Section 33, said point also being the centerline intersection of said Taft Highway (State Route 119) and Ashe Road; thence Northerly along the East line of said Section 33, and said centerline of Ashe Road, a distance of 3,090 feet. Containing 14.89 Acres, more or less END OF DESCRIPTION O~ OAKF,9~ '" i- m U ~ ORIGINAL EXHIBIT "B" DISTRICT MAP UNDERGROUND UTILITY DISTRICT N0. 2, DIVISION 31 (SPORTS VILLAGE) McCutchen Road I SEC. 32 ~ ~ T30S, R27E ~ ;~ 0 ~ ~ SEC. 33 a ~ T30S, R27E cn 0 c~-' i~ Parcel A 105' 8.24 Acres 105' 0 210' --__. DATE: 07-11-08 DRAWN: JC CHECKED: 3 4U -~~'- __ i \l O i ~ ~ SEC. 34 Q T30S, R27E ~ ~ Parcel B- 14.89 Acres -- -- ~ Taft Highway (State Route 119) CITY OF BAKERSFIELD CALIFORNIA ENGINEERING DEPARTMENT NORTH NOT TO SCALE ~gAK, 0 ~- 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 31ST day of JULY, 2008 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Resolution of Intention No. 1605, passed by the Bakersfield City Council at a meeting held on the 30th day of JULY, 2008 and entitled: A RESOLUTION OF THE COUNCIL DECLARING ITS INTENTION TO CALL A PUBLIC HEARING TO AMENDING RESOLUTION NO. 133-07 MODIFYING THE BOUNDARIES OF UNDERGROUND UTILITY DISTRICT NO. 2, DIVISION 31 (SPORTS VILLAGE). PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield By: DEPUTY City Clerk S:\DOCU MENT\FOR MS\AO P. ROl.wpd 7/31 /2008 o~~AK~~"r U ORIGINAL