HomeMy WebLinkAboutRES NO 26-82RESOLUTION NO. 26-82
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.
WHEREAS, Chapter 12.32 of the Municipal Code of the
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 TV or similar and associated services in any such district;
and
WHEREAS, it has been recommended that underground
utility districts, herein called Division 7 of District No. 2 and
Division 8 of District No. 2, be formed in those areas in the
City of Bakersfield, more particularly described as follows:
UNDERGROUND UTILITY DISTRICT NO. 2, DIVISION 7
That area in the City of Bakersfield, State of
California, more particularly described as that
portion of the "H" Street Right of Way, of 82.5
feet in width, lying between the Southerly
line of 17th Street and the Northerly line of
the Atchison, Topeka and Santa Fe Railroad
Right of Way.
UNDERGROUND UTILITY DISTRICT NO. 2, DIVISION 8
That area in the City of Bakersfield, State
of California, more particularly described as
follows:
Beginning at the intersection of the Westerly
line of Eye Street with the Southerly line
of 16th Street;
Thence Easterly along said Southerly line of
16th Street to the Easterly line of Chester
Avenue;
Thence Southerly along said Easterly line of
Chester Avenue to the Northerly line of the
Atchison, Topeka and Santa Fe Railroad Right
of Way;
Thence Westerly along said Northerly line of
the Railroad Right of Way to the Westerly
line of Eye Street;
Thence Northerly along said Westerly line of
Eye Street to the Point of Beginning.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the Council of
the City of Bakersfield as follows:
1. NOTICE IS HEREBY GIVEN that a public hearing will
be held by the Council of the City of Bakersfield on Wednesday,
the 21st day of April, 1982, at the hour of 8 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 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 TV and similar and associated services in
Divisions 7 and 8, District No. 2, hereinabove described, and
that the hearing originally called by the City Council for the
17th day of March, 1982, is hereby cancelled.
2. NOTICE IS FURTHER GIVEN that should District No. 2,
Division 7 and/or Division 8 be formed, all existing overhead
communication and electric distribution facilities within each
formed Division shall be removed in accordance with the provisions
of Chapter 12.32 of the Municipal Code of the City of Bakersfield
and the Resolution intended to be adopted by this Council establish-
ing such District; that each property owner within each formed
Division No. 2, served from such overhead facilities, will be
required to provide, at his own expense, in accordance with law
and the rules of the Public Utilities Commission of the State of
California, all changes on his premises necessary to receive
service from the underground installation of utilities; that
each property owner, if not in possession of the affected property,
shall notify the occupant thereof; and that the utilities
supplying electric, communication, cable TV or similar service,
will be authorized to discontinue all overhead services upon
conversion of existing overhead facilities to underground locations.
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 latest equalized assessment
roll, and the utilities of the date, time and place of such
hearing by mailing a copy of this Resolution to such property
owners and the utilities concerned at least ten (10) days prior
to the date of such hearing.
5. The areas proposed to be included in Division 7 and
in Division 8 of District No. 2 (described above) are shown upon
those certain maps on file in the office of the Clerk of the City
of Bakersfield, which maps are entitled as follows:
"Underground Utility District No. 2--
Division 7" dated September 9, 1981.
"Underground Utility District No. 2--
Division 8" dated September 9, 1981.
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 17th day of March, 1982, by
the following vote:
AYES: COUNCILMEN: BARTON, CJ..IRI,~TEN.SFN, MEANS, pAYNE, RATTY, ROCKOFF,
No. s:
ABSENT: C_OUNCILMEN:
ABSTAINING: COUNCILMEN: "~,~'f~,/
CITY C Officio Clerk of the
Council of the City of Bakersfield
RJO:mm
783
Ia TH
PROPOSED UNDERGROUND
DISTRICT NO. 2
DIVISION 7
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EXISTING rRuxruN
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".L. UAIDEHGROUhD UTILITY D/STRICT NO 2
~ 0 Divisions 7 ~ 8
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CITY OF H~KERSFIELD
CERTIFICATE OF SUFFICIENCY OF PETITION
STATE OF CALIFORNIA
COUNTY OF ORANGE
WILLIAM C. STOOKEY~ the undersigned, hereby CERTIFIES as follows:
That I am the duly appointed representative of the ASSESSMENT ENGINEER, WILLDAN
ASSOCIATES, of the CITY OF BAKERSFIELD, CALIFORNIA (hereinafter referred to as
"Agency").
That on the ~'~ ~ day of .)z~'~_~.~ /'-~'/~.'L ,I reviewed a Petition for the
formation of an' Assessment District~ for certain public works of improvement,
together with appurtenances, appurtenant work and acquisition, where necessary,
in a special assessment district known and designated as
ASSESSMENT DISTRICT NO. 81-1
(hereinafter referred to as the "Assessment District"), a copy of which is on
file in the principal office of Agency.
That I caused said Petition to be examined and my examination revealed that
said Petition has been signed by property owners representing more than sixty
(60%) percent of the assessable area of lands within the boundaries of the
proposed Assessment District, all as prescribed by Section 2804 of the Streets
and Highways Code of the State of California ("Special Assessment
Investigation, Limitation and Majority Protest Act of 1931").
..... Z' (.7/%) percent of the assessable
That said Petition did represent~ ..... ~,F
area of property within the boundaries df the Assessment District.
That said Petition meets the requirements of Section 2804 of the Streets and
Highways Code of the State of California.
Executed this 1st day of February, 1982, at Irvine, California.
ASSES ,/
L/ ' SMENT ENGINEER
RCE 871 9 ~'
CITY OF BAKERSFIELD
STATE OF CALIFORNIA
CERTIFICATE OF PETITION CIRCULATION
STATE OF CALIFORNIA
COUNTY OF KERN
being first duly sworn, deposes and says:
I circulated the petition accompanying this affidavit within the territory
shown on the attached petition. The persons whose signatures appear on said
petition are, to the best of my knowledge, owners of property within the
boundary of the district proposed to be formed. Each and all of said persons
signed said petition in my presence.
I HEREBY DECLARE UNDER PENALTY OF PERJURY THAT THE ABOVE IS TRUE AND CORRECT.
Executed thisZ~ day of ~/2~ · , ' , ' ' ·