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HomeMy WebLinkAboutRES NO 59-71RESOLUTION NO. 5,9-71 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD, STATE OF CALIFORNIA, CALLING A PUBLIC HEARING TO DETERMINE WHETHER PUBLIC NECESSITY, HEALTH, SAFETY OR WELFARE REQUIRE FORMATION OF AN,UNDERGROUND UTILITY DISTRICT WITHIN DESIGNATED AREA. SECTION 1. WHEREAS: (a) Chapter 12.27 of the Municipal Code of t'he 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 require 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 (b) It has been recomnended by the Planning Commission of the City of Bakersfield t'hat an underground utility district, 'hereinafter called Underground Utility District No. 3, be formed in that area in the City, more particularly described as follows: UNDERGROUND UTILITY DISTRICT NO. 3 That area in t'he City of Bakersfield, State~of California, more particularly described as follows: Beginning at the intersection of the westerly llne of Real Road and the southerly line of Ming Avenue; Thence westerly along said southerly line of Ming Avenue to the center line of Akers Road; Thence southerly along said center line of Akers Road to a line 145 feet south of and ~arallel to the cente~l'ihe of Ming Avenue; Th~ce Westerly along said iine 145 feet ~0u~h ~f"and par~lle~to tlhe center line of Ming Avenue to the westerly line of Stine Road;. Thence northerly along said westerly line of Stine Road to the sout'herly line of Ming Avenue; Thence westerly along said southerly line of Ming Avenue to the westerly line of New Stine Road; Thence northerly along said westerly line of New Stine Road to the_northerly line of Ming Avenue; Thence easterly along said northerly line of Ming Avenue to the westerly line of Stine Road; Thence northerly along said westerly line of Stine Road to a line 180 feet north of and parallel to the center line of Ming Avenue; Thence easterly along.said line 180 feet north of and parallel to the center line of Ming Avenue to the northerly prolongation of the center line of Akers Road; Thence southerly along said northerly prolongation of the center line of Akers Road to the nort'herly line of Ming Avenue; Thence easterly along said northerly line of Ming Avenue to the westerly line of Real Road; Thence southerly along said westerly line of Real Road to the southerly line of Ming Avenue, being the point of beginning. NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Bakersfield as follows: 1. NOTICE IS HEREBY GIVEN that a public hearing will be held by and before the Council of the City of Bakersfield, on the 13th day of September, 1971, at t'he hour of eight o'clock p.m. in the Council Chambers of the City Hall at 1501 Truxtun Avenue, Bakersfield, California, to ascertain whether the public necessity, health, safety or welfare require 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 Underground Utility District No. '3, hereinabove described. 2. NOTICE IS FURTHER GIVEN that should District No. 3 be formed, all existing overhead communication and electric distribution ..... facilities-therein shall be removed in~accordance-with, the-provisions of Chapter 12.27 Of the MuniCipal Cod~ of the City Of B~kerSfield and t'he Resolution intended and proposed to be adopted, establishing such district; that each property owner within such District No. 3, served from such over'head distribution facilities, will be required to provide, in accordance with the rules of the Public Utilities Commission of the State of Californi~ for'under- ground service, all changes on his premises necessary to receive service from the underground installation of utilities when made available; that each property owner, if not in possession of t'he affected property, shall notify t'he occupant thereof; and that the ~tilities (as defined in Chapter 12.27 of the Municipal Code) supplying electric, communiciation, cable television or similar service, will be authorized to discontinue all overhead services. 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. That the City Clerk shall notify all affected property owners as shown on the last equalized assessment roll, and t'he utilities, of the time and place of such hearing By mailing a copy of this Resolution to such property owners, and utilities concerned, at least ten (10) days prior to the date of such hearing. 5. The area proposed to be included in District No. 3 (described above) is shown upon that certain map or diagram in t'he office of the City Clerk of the City of Bakersfield, Which map or diagram is entitled "Underground Utility District No. 3." I HEREBY CERTIFY t'hat the foregoing Resolution was passed and adoptedby the Council of the City of Bakersfield at a regular meeting thereof 'held on the 26th day of July 1971, by the following vote: AYES: COUNCILMEN BLEECKER, HEISEY, MEDDERS, REES; RUCKER, THOMAS, WHITTEMORE NoEs, COUNC, ,Mm;_.~7.~ .... Ass__JNJ_F. 9,.u.,~FL~MEN:~ ABSTAINING COUNCILMEN: ~ CITY ~f~n~ 6f the rk of Council of the City of Bakersfield APPROVED: C I TY AT TORN~ ~