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HomeMy WebLinkAbout2009-114 1 RESOLUTION NO. 2009-114 2 RESOLUTION OF THE CITY OF SAN BERNARDINO CREATING UNDERGROUND 3 UTILITY DISTRICT NO. 35 GENERALLY LOCATED ALONG PORTIONS OF "H" STREET, BETWEEN KENDALL DRIVE AND 40TH STREET AND ALONG PORTIONS 4 OF KENDALL DRIVE, SOUTHEASTERLY OF "H" STREET, IN THE CITY OF SAN BERNARDINO. 5 6 WHEREAS, a public hearing was held on May 4, 2009, at the hour of 4:00 p.m., at 7 the Council Chambers, 300 North "D" Street, San Bernardino, California, to determine 8 whether the public necessity, health, safety or welfare required the formation of Underground 9 Utility District No. 35, generally located along portions of "H" Street between Kendall Drive 10 11 and 40th Street and along portions of Kendall Drive, southeasterly of "H" Street, in the City of San Bernardino, California; and 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 WHEREAS, notice of such hearing has been given to all afrected property owners as shown on the last equalized assessment roll and to all utilities concerned in the manner and for 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 be heard. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS FOLLOWS: SECTION 1. It is hercby found and determined pursuant to Chaptcr 13.36 of the San Bernardino Municipal Code, that the public necessity, health, safety and welfare require the formation of Underground Utility District No. 35, generally located along portions of"H" Strcet between Kendall Drive and 40th Street and along portions of Kendall Drivc, southeasterly of "H" Street, in the City of San Bernardino, California, public streets which are extensively used by the general public and carry a heavy volume of vehicular traffic, in order to remove utility poles, overhead wircs and associated structures and to underground utilities along said 28 streets. 04/27/09 2009-114 RESOLUTION OF THE CITY OF SAN BERNARDINO CREATING UNDERGROUND UTILITY 1 DISTRICT NO. 35 GENERALLY LOCATED ALONG PORTIONS OF "H" STREET, BETWEEN KENDALL DRIVE AND 40TH STREET AND ALONG PORTIONS OF KENDALL DRIVE, 2 SOUTHEASTERLY OF "H" STREET, IN THE CITY OF SAN BERNARDINO. 3 4 District No. 35 is hereby established in that area generally located along portions of "H" Street 5 6 7 8 9 10 11 12 13 SECTION 2. An underground utility district to be known as Underground Utility between Kendall Drive and 40th Street and along portions of Kendall Drive, southeasterly of "H" Street, more particularly shown on Drawing No. 12616 by the Engineering Division, Department of Development Services, City of San Bernardino, on file in the oHice of thc City Clcrk. a copy of which is attached hereto as Exhibit "A" and made a part of this Resolution. SECTION 3. All poles, overhead wires and associated overhead structures lying within 80 feet east and west of the centerline of said "H" Street, between the centerlines of said Kendall Drive and 40th Street, and lying within 50 feet northerly of the ccnterline of said Kendall 14 Drive, shall be removed and underground installations made in said underground utility 15 16 17 18 19 20 21 22 23 24 25 26 27 28 district within the following timcs: a. Underground installation by utility companies and reconnections not later than June 30, 2013. b. Removal of poles, overhead wues and other associated structures not later than September 30,2013. Said dates, however, may be extended by the City Engineer to facilitate coordination with the various property owners and utility companies. SECTION 4. The City Clerk is hereby directed to mail, or cause to be mailed, a copy of this Resolution and a copy of Chapter 13.36 of the San Bernardino Municipal Code, to all affected property owners as shown on the last equalized assessment roll and to all afTected utilities within ten (10) days after the adoption of this Resolution. 04/27/09 2 2009-114 RESOLUTION OF THE CITY OF SAN BERNARDINO CREATING UNDERGROUND UTILITY 1 DISTRICT NO. 35 GENERALLY LOCATED ALONG PORTIONS OF "H" STREET, BETWEEN KENDALL DRIVE AND 40TH STREET AND ALONG PORTIONS OF KENDALL DRIVE, 2 SOUTHEASTERLY OF "H" STREET, IN THE CITY OF SAN BERNARDINO. 3 4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a j oint regular 5 6 7 8 9 10 11 12 13 14 15 16 meeting thereof held on the 4th day of May Council Members: AYES NAYS ESTRADA x BAXTER x BRINKER x x SHORETT KELLEY x JOHNSON x MCCAMMACK x , 20~, by the following vote, to wit: ABSTAIN ABSENT 17 (2~1 h.. ~ City "clerk Mey ,20---.O..'L. Ap roved as to form: ~ NMAN, City Attorney 04/27/09 , ~ 2009-114 CITY OF SAN BERNARDINO UNDERGROUND UTILITY DISTRICT NO. 35 - - r-CIL-40Ih-'''TI- - STREET- - - - - - - - _ _ _ _ _ __ !:;: I Sl Sl ~ ------ , "t~ i I ~ =1", I' I~ ~~ ~~ = Lu r l 'm I" U :c :'" U . . ~ IO.'6-;l~_'.J :.. I I~ I ~ 1C1_"_''''~'1 CI) 102f>6..m,'sl " I ' ~ JIJWJ ~ ~ . i !, 1!E1ID I h , tjj g: , CI) l' I~ , I ". 1')'IM-..2-051 I I .""" Ie ! ~~. gr." II, I I '~" l-~/I "," ~" gr. I "I '...... '---1.. ...... ,>,,~.: ELZJ I (16~."'.D31 I02"_>OU.,r ''''', '-".," SHEET ....L OF J.. " 0-<:, , +<"'1< " ~"1;-' ~ , ~<, , \ ---', ~'8-~ , '\ '\ /\/ \V~ EXHIBIT" A" \ \ /~~A~, :SCALE;l-.tOO'r--'" 100' "'"' L.J::GE:\O: ]JISTRICT BUL'.;f),\R'r' SIlO\\i'l THLS _ _ _ __ -\SSFS.)( )WS P,\RCH.. \r, \rllERS SI-{()\Vr-.. TIlLiS c::=::::J j)R.-\'.~[~C; ';n I:>,;, r - '. , .. ..' ~., : ',t~ I CITY OF SA:\ BER:\ARDI:\O Ii I OEVELOP\lE:\iT SERVICES I REAL PROPERTY SECTIO;'\i UNDERGROUND UTILITY DISTRICT NO.35 - PORTIONS OF H STREET. BETWEEN KENDALL DRIVE AND 40TH STREET AND PORTIONS OF KENDALL DRIVE. SOUTHEASTERLY OF H STREET