HomeMy WebLinkAboutROI NO 1651
RESOLUTION OF INTENTION NO. 1651
RESOLUTION CALLING A PUBLIC HEARING TO
DETERMINE WHETHER PUBLIC NECESSITY, HEALTH,
SAFETY OR WELFARE REQUIRES FORMATION OF AN
UNDERGROUND UTILITY DISTRICT WITHIN
DESIGNATED AREA - DISTRICT NO. 2, DIVISION 33
(CALIFORNIA - "S" TO UNION)
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
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 in any such district; and
WHEREAS, the underground utility district, hereinafter, called
Underground Utility District No. 2, Division 33 (California, "S" to Union) to be formed is
described in Exhibit "A", attached hereto.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
Bakersfield as follows:
1. NOTICE IS HEREBY GIVEN that the public hearing will be held by
and before the City Council of the City of Bakersfield on WEDNESDAY, December 16,
2009, at the hour of 5:30 p.m., or as soon thereafter the matter may be heard, in the
Council Chambers of the City Hall at 1501 Truxtun Avenue, Bakersfield, California, to
ascertain whether public necessity, health, safety or 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 in the Underground Utility District No. 2, Division 33
(California, "S" to Union).
2. NOTICE IS FURTHER GIVEN that should District No. 2, Division 33
(California, "S" To Union), be formed, 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 the Resolution
intended and proposed to be adopted, establishing such District No. 2, Division 33
(California, "S" To Union), at no expense to any property owner served from such
overhead distribution facilities. Cost for underground of overhead communication and
electric distribution facilities shall be paid for through Rule 20A Funds. Rule 20A
conversion allocation funds shall be available for conversion of electric service panels
(not to exceed $1,500.00 per service entrance excluding permit fees) to accept the new
underground service facilities pursuant to the Public Utilities Commission of the State of
California Advice Letter 1930-E.
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 @bAK4
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continued from time to time as may be determined by the City council, whose decision
shall be final and conclusive.
4. The area proposed to be included in District No. 2, Division 33
(California, "S" To Union) is shown upon that certain map or diagram attached hereto as
Exhibit B, which map or diagram is entitled "Underground Utility District No. 2, Division
33 (California, "S" To Union)."
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HEREBY CERTIFY that the foregoing Resolution was passed and
adopted by Council of the City of Bakersfield at a regular meeting thereof held
on NOV 1 a 7009 , by the following vote:
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YE COUNCILMEMBER: CARSON, BENHAM, COUCH, HANSON, SULLIVAN, SCRIVNER
NO S: COUNCILMEMBER Ylor~g-
AB : COUNCILMEMBER
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ENT COUNCILMEMBER 1 Q+!
CITY CLERK and Ex Officio Clerk
of the Council of the City of Bakersfield
APPROVED: NOV 1 g
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HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVED AS TO FORM:
VIRGINIA GEN RO
City Attorney
By:
Exhibits A & B
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Exhibit "A"
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 Southeast corner of said Section 30, said Section 30, said point also
being the intersection of California Avenue and Union Avenue, as shown on Parcel Map
No. 4615, recorded April 5, 1978 in Book 20 on Page 142, thence West along the
centerline of California Avenue a distance of 57.75 Feet to the prolongation of the east
property line of Lot 11 of California Avenue Park Tract No. 2, recorded March 30, 1925,
said point being the TRUE POINT OF BEGINNING;
Thence (1) Southerly along the East property lines of Lots 1-11 of said map, to the
Southeast corner of Lot 1 of said map;
Thence (2) Westerly along the South property lines of Lots 1 and 22 of said map to
the Southwest corner of Lot 22 of said map;
Thence (3) Northerly along the West property lines of Lots 12-22 of said map a
distance of 615.75 Feet to a point on the west property line of Lot 12 of
said map, said point also being the intersection of the West property line
of said Lot 12 and the prolongation of the North Property line of Parcel 4
of Block 8 of the Re-subdivision of Blocks 3-4 and 5 California Avenue
Park Tract No. 2, recorded October 19, 1925;
Thence (4) Westerly along the north property line of said Lot 4 to the northwest
corner of said lot;
Thence (5) Southerly along the east property line of Lot 6 of Block 8 of said map to
the southeast corner of said lot;
Thence (6) Westerly along the south property lines of Lots 6 through 17 of Block 8 of
said Map to the centerline of "T" Street;
Thence (7) Northerly along the centerline of "T" Street a distance of 42.20 Feet to the
prolongation of the south property line of Lots 1-8 of Block 12 of the Map
of the City of Bakersfield filed for record on November 25, 1898 in Map
Book 1, pages 13 and 14;
Thence (8) Westerly along the south property line of said Lots to the southwest corner
of Lot 8 of Block 12 of said Map;
Thence (9) Northerly along the west property line of said Lot, also being the east
right-of-way of "S" Street, to the Northwest corner of Lot 5 of Block 384
of said Map;
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Thence (10) Easterly along the north property lines of Lots 5-10 of Block 384 of said
Map to the Northeast corner of said Lot 10;
Thence (11) Northerly along the east property lines of Lot 1 of Block 384, Lots 1 and
10 of Block 375 of said Map to the Southeast corner of Block 344 of said
Map;
Thence (12) Westerly along the South property line of Block 344 of said Map, also
being the North Right-of-Way line of 14th Street (abandoned);
Thence (13) Northerly along the West property line of Block 344 of said Map, also
being the East Right-of-Way line of "S" Street to the Southeast corner of
that Parcel described in that Grant Deed recorded on March 24, 2006 as
Document No. 0206070602;
Thence (14) Easterly along the South property line of said Parcel to the most Westerly
corner of Parcel 2D as described in that Quit Claim Deed recorded on
September 18, 2001 as Document No. 0201136896;
Thence (15) Easterly along the South property line of said Parcel 2D along various
courses to the southeast corner of said parcel said point also being on the
West Right-of-Way line of Union Avenue;
Thence (16) South along the West right-of-way line of Union Avenue a distance of
98.20 Feet to the Northeast corner of Parcel 1 of Parcel Map 4615
recorded April 5, 1978 in Book 20 of Parcel Maps at Page 142;
Thence (17) Easterly along the North property line of said Parcel to the Northwest
corner of said Parcel;
Thence (18) Southerly along various courses of the West property line of Parcels 1 and
2 of said Parcel Map to the Southeast corner of said Parcel 2;
Thence (19) Easterly along the South property line of said Parcel 2 to a corner on said
South property line;
Thence (20) South along a property line of said Parcel 2 to a corner on the South
property line of said Parcel 2;
Thence (21) East along the South property line of said Parcel 2 to the Southeast corner
of said Parcel 2, also being a point on the West Right-of-Way line of
Union Avenue;
Thence (22) Southerly along the West Right-of Way line of Union Avenue to the
TRUE POINT OF BEGINNING;
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Exhibit "B"
Underground Utility District No. 2, Division 34
(California - "S" to Union)
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DATE: 10-13-2009
City of Bakersfield N
California
BY: MPS
CHECKED: BBU Engineering Department Not to Scale T
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
County of Kern )
PAMELA A. McCARTHY, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield;
and that on the 20th day of November. 2009 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Resolution of Intention No. 1651,
passed by the Bakersfield City Council at a meeting held on the 18th day of November,
2009 and entitled:
A RESOLUTION CALLING A PUBLIC HEARING TO DETERMINE
WHETHER PUBLIC NECESSITY, HEALTH, SAFETY OR WELFARE
REQUIRES FORMATION OF AN UNDERGROUND UTILITY DISTRICT
WITHIN DESIGNATED AREA-DISTRICT NO. 2, DIVISION 33
(CALIFORNIA- "S" TO UNION)
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By:
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