HomeMy WebLinkAboutRES NO 109-12RESOLUTION NO. 109-12
RESOLUTION ESTABLISHING UNDERGROUND UTILITY
DISTRICT NO. 4, DIVISION 01 (Allen Road @ the Westside
Parkway)
WHEREAS, a public hearing has been noticed for September 26,
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. 4,
Division 01 (Allen Road @ the Westside Parkway), 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. 4, DIVISION 01" delineating the boundaries of said District.
BE IT FURTHER RESOLVED that the Council does hereby fix Friday,
November 2, 2012 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. 4, Division 01.
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. 4, Division 01, of the adoption of this Resolution
within ten (10) days after the date of such adoption.
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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. 4, Division 01.
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 SEP 2 6 2012 by the following vote:
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NOES;
ABSTAIN;
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APPROVED:
COUNCILMEMBER SALAS BE06M, WEIR,
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
SEP 2 6 2012
HANSON, SULLK' JOHNSON
all
ROBERTA GAFFORD, CM
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
V1 to • •
APPROVED AS TO FORM:
VIRGINIA GENNARO, CITY ATTORNEY
By
ANDREW HEGLUND
Associate Attorney
Exhibits A & B
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LEGAL DESCRIPTIONS
UNDERGROUND UTILITY DISTRICT No. 4, DIVISION 01
(ALLEN ROAD @ THE WESTSIDE PARKWAY)
Those portions of Sections 35 and 36, Township 29 South, Range 26 East, Mount Diablo Base and
Meridian, in the City of Bakersfield and the County of Kern, State of California, more particularly
described as follows:
All of Allen Road from the centerline of Vermillion Drive to 500 feet south of Rosarita Avenue, including
all parcels with frontage on Allen Road between Vermillion Drive and 500 feet south of Rosarita Avenue.
S:\ PROJECTS \Underground \Legals\Allen Rule 20B Underground Legal Description.docx
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EXHIBIT A
Allen Rule 20B Underground District
Bakersfield, CA
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EXHIBIT B I Not to Scale