The URL can be used to link to this page

Home My WebLink AboutRES NO 076-08(1)RESOLUTION NO. 076-08 (1) RESOLUTION ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 2, DIVISION 32 (SOUTH MILL CREEK MIXED-USE PROJECT). WHEREAS, by Resolution of Intention No. 1590, adopted on March 26, 2008, a public hearing was called for May 21, 2008, at the hour of 5:30 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 requires 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, within that certain area described in Exhibit "A", attached hereto; and, WHEREAS, 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, WHEREAS, such hearing has been duly and regularly held, and all persons interested have been given an opportunity to appear and be heard. WHEREAS, Resolution 076-08 was passed and adopted by City Council on May 21, 2008, that formed the South Mill Creek Underground Utility District in which two paragraphs were inadvertently omitted and which are now included in this amended resolution. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield that, pursuant to Chapter 12.32 of Title 12 of the Municipal Code of the City of Bakersfield, the above described area is hereby declared an underground utility district and is designated as Underground Utility District No. 2, Division 32 (South Mill Creek), of the City of Bakersfield. Attached hereto, marked Exhibit "B", and hereby incorporated as a part of the Resolution, is a map or diagram entitled as follows: "UNDERGROUND UTILITY DISTRICT NO. 2, DIVISION 32", delineating the boundaries of said District. BE IT FURTHER RESOLVED that the electric utility which undertakes underground installation of its facilities shall use the underground conversion allocation computed pursuant to decisions of the Public Utilities Commission of the State of California for the purpose of providing to each of the premises in Underground Utility District No. 2, Division 32 a maximum of one hundred feet of individual electric service trenching and conductor, as well as backfill, paving and conduit. BE IT FURTHER RESOLVED that the Council does hereby fix December 31, 2009 as the date on which all affected utilities must have all facilities installed, and have completed removal of all poles, overhead wires and facilities for supplying electric, communication, cable television or similar or associated services within Underground Utility District No. 2, Division 32. ORIGINAL >- rn f- r v ° BE IT FURTHER RESOLVED that all existing overhead communication and electric distribution facilities therein shall be removed in accordance with the provisions of Chapter 12.32 of the Municipal Code of the City of Bakersfield and shall be at no expense to any property owner served from such overhead distribution facilities. BE IT FURTHER RESOLVED that the cost for underground of overhead communication and electric distribution facilities shall be paid for through Rule 20A Funds not to exceed $1,500.00 per service entrance excluding permit fees to convert electric service panels to accept the new underground service facilities pursuant to the Public Utilities Commission of the State of California Advice Letter 1930-E. BE IT FURTHER RESOLVED that the City Clerk is hereby instructed to notify all affected utilities and all persons owning real property within Underground Utility District No. 2, Division 32, of the adoption of this Resolution within ten (10) days after the date of such adoption. Such notification shall be made by mailing a copy of this Resolution to all affected property owners as such are shown on the last equalized assessment roll and to the affected utilities. BE IT FURTHER RESOLVED that the Council hereby finds and determines as follows: 1. 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, Division 32. 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 the District are extensively used by the general public and carry a heavy volume of pedestrian and vehicular traffic. 3. The Underground Utility District herein created is to avoid or eliminate an unusually heavy concentration of overhead utility facilities. ----------000---------- s o~~AKF9~ ?' m ~ r J O ORIGINAL I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by Council of the City of Bakersfield at a regular meeting thereof held on _„~ „ ~ ~nnn , by the following vote: ,;~ YES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER PAMELA A. McCARTHY, CM CITY CLERK and Ex Officio C rk of the Council of the City of Bakersfield APPROVED: OCi' 0 8 20D8 APPROVED AS TO FORM: VIRGINIA GENNARO, CITY ATTORNEY By 4 ROBERT SHERFY Deputy City Attorney Exhibits A & B phs O~gAKF9 s ~' m ~ r U O ORIGINAL LEGAL DESCRIPTION UNDERGROUND UTLITY DISTRICT N0.2, DIVISION 32 (SOUTH MILL CREEK) Those portions of Sections 30 and 31, Township 29 South, Range 28 East, Mount Diablo Base and Meridian, in the City of Bakersfield, County of Kern, State of California, more particularly described as follows: Commencing at the South quarter corner of said. Section 30, said point also being the centerline intersection California Avenue and P Street; thence Westerly along the south line of said Section 30, and said centerline of California Avenue, a distance of 91.25 feet to a paint 50 feet west of the west right of way line of said P Street, said point also being the TRUE POINT OF BEGINNING; Thence (1) Northerly along a line 50 feet west of and parallel to said west right of way line of P Street, a distance of 376.24 feet, more or less, to a point on the centerline of 13~' Street; Thence (2) Northeasterly and along multiple curves 50 feet west of and parallel to the west right of way line of Q Street and the prolongation thereof, a distance of $$2,57 feet, more or less; Thence (3) Easterly, a distance of 875.50 feet, more or less, to a point 50 feet east of the east right of way line of S Street; Thence (4) Southerly along a line 50 feet east of and parallel to said east right of way line of S Street, a distance of 1,264.25 feet, more or less, to a point 50 feet south of the south right of way line of said California Avenue; Thence (5) Westerly along a line 50 feet south of and parallel to said south right of way line of Califarnia Avenue, a distance of 1,222.0 feet, more or less, to a point 50 feet west of said west right of way line of P Street; Thence (6) Northerly along aforementioned line 50 feet west of and parallel to the west right of way line of P Street, a distance of 111.88 feet, mare or less, to the POINT OF BEGINNING. Containing 30.5 Acres, more or less END OF DESCRIPITION EXHIBIT "A" o~~AK~9s .r s- m J r O ORIGINAL EXHIBIT "B" UNDERGROUND UTILITY DI5TRICT NO. 2, DIVISION 32 (SOUTH MILL CREEK) BLOCK 332 ; I BLOCK 333 (l~l ( BLOCK 334 ~ I BLOCK 335. BLOCK 347 I BL K 3 BLOCK 1 14TH STREET ~ ~- - - - -~ ~2) BLOC 7 ~~~i ~ ~~ w BLOCK 373 ~I LOC 37 ~I cc~ _ _ ____~ _ _ ~- 13TH STREET _ ~ T ~ ~~ ~~ (1 36b ~ Si/4 SEC. 30 ~ 11.ae ~T-~gS-~-e~ _ ~ -~- _ - P.O.B. ~ ~ _ ~' CALIFORNIA AVENUE ' _ :. 31 ; T~9S, 344 (4) DATE: 1-15-08 DRAWN: JC CHECKED: CITY OF BAKERSFIELD CALIFORNIA EN6INEERIN6 bEPARTMENT NORTH NOT TO SCALE o``gAKF9~ T ~- R r U O