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HomeMy WebLinkAboutRES NO 133-07(1)RESOLUTION NO. 133-07 (1) RESOLUTION ESTABLISHING MODIFIED BOUNDARIES FOR UNDERGROUND UTILITY DISTRICT NO. 2, DIVISION 31 (SPORTS VILLAGE). WHEREAS, by Resolution of Intention No. 1605, adopted on July 30, 2008, a public hearing for amending Resolution No. 133-07 modifying the boundaries of Underground Utility District No. 2, Division 31 (Sports Village) was called for August 20, 2008, at the hour of 5:30 p.m. in the Council Chambers in the City Hall, 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; and WHEREAS, notice of such hearing has been given to all affected property owners and utilities companies 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 area as described in Exhibit "A", Legal Description, and shown in Exhibit "B", District Map, is hereby declared an underground utility district and is designated as Underground Utility District No. 2, Division 31 (Sports Village), of the City of Bakersfield, attached hereto, and incorporated hereby as a part of the Resolution. 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 31 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 July 31, 2009 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 31. BE IT FURTHER RESOLVED that 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 shall be at no expense to any property owner served from such overhead distribution facilities. ~gAKF9 O J > ~ t- U ~ ORIGIN! BE IT FURTHER RESOLVED that cost for underground of overhead communication and electric distribution facilities shall be paid for through Rule 20A Funds not to exceed $1500.00 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. 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 31, 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 with exhibits to all affected property owners as such are shown on the last equalized assessment roll and to the affected utilities. 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 the modified boundaries of Underground Utility District No. 2, Division 31. 2. The Underground Utility District herein modified and 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 modified and created is to avoid or eliminate an unusually heavy concentration of overhead utility facilities. ----------000---------- 2 o`~gAKF9.~ s ~ r U ~ 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 _ AUQ 2 0 10Q8 , by the following vote: AYE COUNCILMEMBER CARSON, BENHAM, WEI CR OUC HH ANS SULLI AV N, SCRI NV ER ES: COUNCILMEMBER h,61,,~ ABSTAIN: COUNCILMEMBER YLA'YtD ABSENT; COUNCILMEMBER VLPIYLp PAMELA A. McCARTH MC CITY CLERK and Ex O icio Clerk of the Council of the City of Bakersfield APPROVED: AUO 2 0 200 By APPROVED AS TO FORM: VIRGINIA GENNARO, CITY ATTORNEY By ROBERT SHERFY Deputy City Attorney Exhibits A & B do S:\PROJECTS\Underground\ResEst\2-31 SportsVillageEstab_with Amendment.DOC 3 o``gA~F,~~-~ ~- T ~ ,- v ~_ ORIGINt~j. 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 aze 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~~PK~9`~'-c~ >- m ~-- r J ~ ORIGINAL EXHIBIT "B" DISTRICT MAP UNDERGROUND UTILITY DISTRICT NO. 2, DIVISION 31 (SPORTS VILLAGE) -- I ~- __ SEC. 32 i T30S, R27E a ~~ 0 ~ , o i 0 ~ ~~ 105' -i 105' McCutchen Road SEC. 33 T30S, R27E ~i~ -~ - -- ~ ~ 0 0 i ~ ~ SEC. 34 Q T30S, R27E ~ ~ 10 5' 105' •- Parcel A Parcel B o _ 8.24 Acres 14.89 Acres o 0 210' 210' i f I, ~ Taft Highway ,, ~~ (State Route 119) ~~~ DATE: 07 -11- 08 DRAWN: JC CHECKED: ~ 4~ CITY OF BAKERSFIELD CALIFORNIA ENGINEERING DEPARTMENT NORTH NOT TO SCALE ~gAK ~- ORIGINAL