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HomeMy WebLinkAboutRES NO 37-71RESOLUTION NO. 37-71 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD, STATE OF CALIFORNIA, ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 2. SECTION 1. WHEREAS: (a) By Resolution No. 27-71, adopted on March.15, 1971, a public hearing was called for Monday, April 12, 1971, at the hour of eight o'clock p.m., in the Council Chambers in the City Hall, Bakersfield, California, to ascertain whether the public necessity, health, safety-or general welfarerequire 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 assoc- iated services, within that certain area in the City of Bakersfield, more particularly described as follows: UNDERGROUND UTILITY DIS~RI/CCT NO. 2 Division 1. Mt. Vernon Area. That area in the City of Bakersfield, State of California, more particularly described as follows: Beginning at the intersection of the southerly line of Columbus Street with a line 100 feet east of and parallel to the centerline of Mt. Vernon Avenue; thence southerly along said line 100 feet east of and parallel to the centerline of Mt. Vernon Avenue to the northerly line of Tract No. 1629; thence westerly along said northerly line of Tract No. 1629 to a line 80 feet west of and parallel to the centerline of Mt. Vernon Avenue; thence northerly along said line 80 feet west of and parallel to the centerline of Mt. Vernon Avenue to the southerly line of Columbus Street; thence easterly .along said southerly line of Columbus Street to a line 100 feet east of and parallel to"the'c~e~te.rl~ne'Sf' Mt. Vernon Avenue, being the point of beginning. i~ ~. Division 2. County Buildin~ Area. ~' ! ". That area in the City of Bakersfield, State of California, more particularly described as follows: Beginning at the intersection of the easterly line of Chester Avenue and the southerly line of Truxtun Avenue; Thence easterly along said southerly line of Truxtun Avenue to the easterly line of "P" Street; Thence southerly along said easterly line of "P" Street to the northerly line of 15th Street; Thence westerly along said northerly line of 15th Street to the easterly line of Chester Avenue; Thence northerly along said easterly line of Chester Avenue to the southerly line of Truxtun Avenue, being the point of beginning. Division 3. City Hall Area. That area in the City of Bakersfield, State of California, more particularly described as follows: Beginning at the intersection of the easterly line of "H" Street and the southerly line of 17th Street; Thence easterly along said southerly line of 17th Street to the westerly line of Eye Street; Thence southerly along said westerly line of Eye Street to the southerly line of Truxtun Avenue; Thence easterly along said southerly line of Truxtun Avenue to the easterly line of Chester Avenue; Thence southerly along said easterly line of Chester Avenue to the southerly line of 16th Street; Thence westerly along said southerly line of 16th Street to the easterly line of "~' Street; Thence northerly along said easterly line of "H" Street to the southerly line of 17th Street, being the point of beginning. (b) 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 (c) 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 12.27 of Title 12 of the Municipal Code of the City of Bakersfield, the above-described areas are hereby declared an underground utility district and are designated as Underground Utility District No. 2 of the City of Bakersfield. Attached hereto, marked "Exhibit A," and hereby in- corporated as a part of this Resolution are two maps entitled as follows: (a) Underground Utility District No. 2 - Division 1; (b) Underground Utility District No. 2 - Divisions 2 and 3, delineating the boundaries of said District. RESOLVED, FURTHER, that the Council does hereby fix December 31, 1971, for Division 1 (Mr. Vernon area) and December 31, 1973, for Division 2 (County Building area) and December 31, 1973, for Division 3 (City Hall area) as the dates on whichaffected property owners must be ready to receive underground service, and does hereby order the removal of all poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication, cable television or similar or associated service within Underground Utility District No. 2 on or before the dates hereinabove in this paragraph specified. RESOLVED, FURTHER, that the City Clerk is hereby instructed to notify all affected utilities and all persons owning real property within Underground Utility District No. 2 of the adoption of this Resolution within ten (10) days after the date of such adoption. Said City Clerk shall further notify said property owners of the necessity that, if they or any person occupying such property desire to continue to receive electric, communication, cable television or other similar or associated service, they or such occupant shall, by the dates fixed in this Resolution, provide all necessary facility changes on their premises so as to receive such service from the lines of the supplying utility or utilities at-a new location, subject to applicable rules, regulations and tariffs of the respective utility or utilities on file with the Public Utilities Commission of the State of California.. Such notification shall be made by mailing a copy of this Resolution together with a copy of Chapter 12.27 of Title 12 of the Municipal Code of the City of Bakersfield, to all affected property owners as such are shown on the last equalized assessment roll and to the affected utilities. RESOLVED, FURTHER, that the Council hereby finds and determines as follows: (1) That 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. (2) The Underground Utility District herein created is in the general public interest for the following reasons: (a) The streets, roads or rights-of-way in the District are extensively used by the general public and carry a heavy volume of pedestrian or vehicular traffic. (b) The said streets, roads or rights-of-way adjoin or pass through a civic area. o0o I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on the 12thday of April, 1971, by the following vote: AYES: COUNCILMEN BLEECKER, HEISEY, REES, RUCKER, STIERN, VETTER, WHITTEMORE NOES: COUNCILMEN: 72~_~,~ ABSENT COUNCILMEN: ~-c · ABSTAINING COUNCILMEN~ ~ ~)~,,~ , CITY ~ Ex-o'f~icio CI~r'F ~f the Council of the City of Bakersfield APPROVED this! T2th day of April, 1971. MAYOR ,~of th~y of' Bakersfield APPROVED: CITY ATTORNEY