HomeMy WebLinkAboutORD NO 3967ORDINANCE NO. 3 9 6 7
AN ORDINANCE ADDING CHAPTER 2.20 AND
AMENDING SECTIONS 2:.16.010, 2.16.020,
2.16.030, 2.18,011, 2.18.012, 2.18.020, AND
2.18.050 RELATING TO THE KERN RIVER
LEVEE DISTRICT.
WHEREAS, the Kern River Levee District has requested a merger with the City of
Bakersfield and the City of Bakersfield has agreed to said merger; and
WHEREAS, the Local Agency Formation Commission has, under the Local
Government Reorganization Act (Government Code § 56000, et seq.), approved said
merger; and
WHEREAS, the Kern River Levee District shall be a subsidiary district as allowed
by law; and
WHEREAS, the City Council will now sit as the ex-officio board of the Kern River
Levee District; and
WHEREAS, the Director of Water Resources is now known as the Water Resources
Manager; and
WHEREAS, the Water Board for the City of Bakersfield has the expertise to address
matters of daily concern to the Kern River Levee District.
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Section 2.16.010 of the Bakersfield Municipal Code is hereby amended to read as
follows:
2.16.010 Creation of Department
There is created a water resources department and the office of water resources
manager.
SECTION 2.
Section 2.16.020 of the Bakersfield Municipal Code is hereby amended to read as
follows:
2.16.020
Water Resources Manager -- Supervisory Duties.
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The Water Resources Manager, who shall be appointed by the City Manager, shall
have general supervision over the Water Resources Department and the Kern River Levee
District.
SECTION 3.
Subsection H of Section 2.16.030 of the Bakersfield Municipal Code is hereby
amended to read as follows:
2.16.030 Water Resources Manager- Duties Generally.
H. Supervise the activities of the agricultural water, domestic water, waste water
farms and storm water divisions of the department.
SECTION 4.
Subsection I is hereby added to Section 2.'16.030 of the Bakersfield Municipal Code
to read as follows:
2.16.030 Water Resources Manager -- Duties Generally.
I. Supervise the activities of the Kern River Levee District and report on the
activities thereof to the City Water Board and the City Council as required.
SECTION 5.
Section 2.18.011 of the Bakersfield Municipal Code is hereby amended to read as
follow:
2.18.011 Chairperson and Vice Chairperson.
One member shall be elected as chairperson and one shall be elected as vice
chairperson to serve in the absence of the chairperson.
SECTION 6.
Subsection A of Section 2.18.012 of the, Bakersfield Municipal Code is hereby
amended to read as follows:
2.18.012 Policy and Purpose.
A. The City has acquired significant: water rights and lands and facilities
associated with those water rights for the purpose of assuring the inhabitants of the City
as it now exists or as it may be constituted in the 'future with an adequate municipal water
supply. The City also operates and administers the Kern River Levee District. It is the
policy of the City that the administration of the City's lands, facilities and rights associated
with water be carried out to preserve and conserve such rights and facilities for such.~Ctit;e/~
use by the City. ? . ,
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SECTION 7.
Subsection S of Section 2.18.020 of the Bakersfield Municipal Code is hereby
amended to read as follows:
2.18.020 Authority and Powers.
S. Provide general direction to the manager of the Water Resources
Department regarding the operation of that department.
SECTION 8.
Subsection T is hereby added to Section 2.18.020 of the Bakersfield Municipal Code
to read as follows:
2.18.020 Authority and Powers.
T. Oversee the operation of the Kern River Levee District as directed by the City
Council, and report annually on said operations to the City Council.
SECTION 9.
Section 2.18.050 of the Bakersfield Municipal Code is hereby amended to read as
follows:
2.18.050 Manager of the Water Resources Department.
The manager of the Water Resources Department, appointed by the City Manager,
who shall be an officer of the City, shall be responsible for the day-to-day supervision and
direction of the operations of the City Water Resources Department, and shall be
authorized to execute contracts on behalf of the City, subject to board direction and
approval, and shall carry out the duties designated by the board from time-to-time.
SECTION 10.
Chapter 2.20 is hereby added to the Bakersfield Municipal Code to read as follows:
2.20.010 City Council to sit as Kern River Levee District Board.
The City Council for the City of Bakersfield shall sit as the Board of Directors for the
Kern River Levee District and assume all rights, duties and obligations of said board as
required by law.
2.20.020 Meetings.
The City Council for the City of Bakersfield shall meet as the Board of Directo~;.[~
the Kern River Levee District no less than once per year to review the budget of t~K~:~z~?~,,
River Levee District and conduct any other necessary business and take any action or
actions as required or allowed by law.
2.20.030 Water Board Duties.
The City Council for the City of Bakersfield hereby delegates to the Water Board for
the City of Bakersfield the power to maintain and keep in repair all things reasonable or
convenient for the protection of the lands of the Kern River Levee District from overflew
and for the purpose of conserving or adding water to the sloughs and d rains in the district.
The Water Board shall also, on behalf of the Kern River Levee District and the City
Council, cooperate with the United States, the State of California, or any department or
agency of either, in order to accomplish any of the purposes of the district. In all other
matters, the Water Board will make recommendations to the City Council for action, and
all powers not listed herein are reserved to the City Council.
SECTION '11.
This Ordinance shall be posted in accordance with the Bakersfield Muniicipal Code
and shall become effective thirty (30) days from and after the date of its passage.
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I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the
Council of the City of Bakersfield at a regular meeting thereof held on JUL 19 2000
, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH,
COUNCILMEMBER l"J 0 ~ ~-
COUNCILMEMBER
COUNCILMEMBER ~6
SULLIVAN, SALVAGGIO
CITY CLERK and EX OFFICIO ~)the
Council of the City of Bakersfielck'
APPROVED:
JUL 19 ZOO0
By:
7
MAYOR
CITY OF BAKERSFIELD
APPROVED AS TO FORM:
BART J. THILTGEN,
City Attorney
Deputy City Attorney
ADD:dlr
C:~,WIN DOWS\DESKTOP\Kem RiverLeveeDistrictOrd.wpd
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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 July , 2000 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 3967 , passed by the
day of July 2000 and
Bakersfield City Council at a meetin9 held on the 19th
entitled:
AN ORDINANCE ADDING CHAPTER 2.20 AND AMENDING SECTIONS
2.16.010, 2.16.020, 2.16.030, 2.18.011,2.18.012, 2.18.020 AND 2.18.050
RELATING TO THE KERN RIVER LEVEE DISTRICT.
/si PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
By' ~ ~ ~ /~,/'\
DEPUT'Y C~ty Clerk
S:\DOCUMENT~AOPOSTING
July 20, 2000