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HomeMy WebLinkAboutRES NO 84-79RESOLUTION NO. 84-79 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD, STATE OF CALIFORNIA, ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 2, DIVISION 4. WHEREAS, by Resolution No. 74-79, adopted on October 3, 1979, a public hearing was called for Wednesday, November 7, 1979, at the hour of 8 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 require the removal of poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supply- ing electric, communication, cable television or similar and associated services, within the area in the City of Bakersfield, more particu- larly described in Exhibit "A", attached hereto and by this refer- ence incorporated herein; and WHEREAS, notice of such hearing has been given to all affected owners as such are shown on the last equalized County assessment roll and to all the utility companies concerned, in the manner and within the time required by law by mailing a copy of Resolution No.74-79 to such property owners and utilities, ast least ten (10) days prior to the date of the public hearing; and WHEREAS, such public hearing has been duly and regularly conducted and held, and all persons interested have been given an opportunity to appear and be heard and evidence pertinent to the hearing has been presented. 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, the above-described area (Exhibit "A"), is hereby declared an Underground Utility District and is designated as Division 4 of Underground Utility District No. 2, of the City of Bakersfield. Attached hereto, marked Exhibit "B", and hereby incorporated as a part of this resolution is a map or diagram entitled Underground Utility District No. 2-- Division 4, delineating the boundaries of said Division 4 of District No. 2. RESOLVED, FURTHER, that as to said Division 4 of Under- ground Utility District No. 2, the Council does hereby fix May 31, 1980, as the date on which all affected property owners must be ready to receive underground service and does hereby order the removal of all poles, overhead wires and associated overhead struc- tures and the underground installation of wires and facilities for supplying electric, communication, cable television or similar or associated service within Division 4 of Underground Utility District No. 2, no later than August 31, 1980. RESOLVED, FURTHER, that the City Clerk is hereby instructed to notify all affected utility companies and all persons owning real property within Division 4 of 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 date fixed in this resolution (May 31, 1980), provide all necessary facility changes on their premises so as to receive service from the lines of the supplying 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 notifica- tion 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. e RESOLVED, FURTHER, that the City Council finds, deter- mines and declares as follows: (1) That the public necessity, health, safety and general welfare require the removal and undergrounding as aforesaid, within Underground Utility District No. 2--Division 4. (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 such District are extensively used by the general public and carry a heavy volume of pedestrian and vehicular traffic. 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 7th day of November, 1979, by the follow- ing vote: AYES: COUNCILMEN BARTON, CHRISTENSEN, MEANS, MILLER, PAYNE, RATTY, STRONG Net:..?_: .C~_U~C,.M,:.;,~ ~_.c_j,.J~g._ A'~STAINING: COUNCILMEN: t k e ~P i ~JED t~'~?~a of November, 1979 ~, _~ Bakersf~eld the APPROVED as to form: CITY ATTORNEY of Bakersfield UNDERGROUND UTILITY DISTRICT NO. 2, DIVISION 4 That area in the City of Bakersfield, State of California, more particularly described as follows: Beginning at the intersection of the westerly line of "N" Street with the southerly line of 17th Street; Thence southerly along said westerly line of "N" Street to the southerly line of Truxtun Avenue; Thence westerly along said southerly line of Truxtun Avenue to the easterly line of "K" Street, extended; Thence northerly along said easterly line of "K" Street, extended,-to the southerly line of 17th Street; Thence easterly along said southerly line of 17th Street to the westerly line of "N" Street, being the Point of Beginning. 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