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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 I I --'1 I ,;~ I I Z84 I-, x "4 EXISTING rRuxruN DISTRICT BOUNDARY ~ ......""r t ."?: ,,'.I ...... I ,? 3T ".L. UAIDEHGROUhD UTILITY D/STRICT NO 2 ~ 0 Divisions 7 ~ 8 ~ .. ,}.. ~' . ..... ~ ~ ,~ r . . ..~. .', . 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~ · , ' , ' ' ·