HomeMy WebLinkAboutRES NO 017-12RESOLUTION NO. 0 17 1 2
RESOLUTION ESTABLISHING UNDERGROUND UTILITY
DISTRICT NO. 2, DIVISION 35 (WIBLE ROAD - PANAMA
LANE TO BERKSHIRE ROAD).
WHEREAS, by Resolution of Intention No. 1704, adopted on
December 14, 2011, a public hearing was called for February 1, 2012, 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.
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 35 (Wible Road - Panama Lane to Berkshire Road), 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 35" 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 35 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 June 1,
2013 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
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supplying electric, communication, cable television or similar or associated
services within Underground Utility District No. 2, Division 35.
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 35, 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 35.
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.
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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 FEB 0 1 2at2 by the following vote:
YES -
NOES:
ABSEN
RCCOUNCILMEMBER SALAS, BENHAM, WEIR, COUCH,
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
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ROBERTA GAFFORD, C
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED:
By
FEB 0 1 2012
HARVEY L. HALL
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO, CITY ATTORNEY
By
ANDREW HEGLU
Associate Attorney
Exhibits A & B
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SULLIVAN, JOH SN ON
Exhibit "A"
Those portions of Sections 23, 24, 25 and 26, T30 South, Range 27 East,
Mount Diablo Base and Meridian, in the City of Bakersfield, County of
Kern, State of California, more particularly described as follows:
All of Wible Road from Panama Lane south to Berkshire Road, including
the intersections of Wible Road and Panama Lane and Wible Road and
Berkshire Road, and including all parcels with frontage on Wible Road
between Panama Lane and Berkshire Road,
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