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Home My WebLink AboutRES NO 70-86RESOLUTION NO. 70-86 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD AUTHORIZING THE MAYOR TO SIGN RESOLUTION NO. 86-327 OF THE BOARD OF SUPERVISORS OF THE COUNTY OF KERN ACCEPTING TERMS AND CONDITIONS UNDER WHICH COUNTY OF KERN CONSENTS TO ACQUISITION OF IMPROVEMENTS AND FORMATION OF ASSESSMENT DISTRICT NO. 86-3. WHEREAS, on May 21, 1986, the Council adopted Resolution No. 53-86 requesting the consent of the Kern County Board of Supervisors to the City's undertaking of proceedings for the acquisition of sewer facilities improvements - Assessment District No. 86-3, a copy of which is attached hereto; and WHEREAS, on June 3, 1986, the Kern County Board of Supervisors adopted its Resolution No. 86-327 (Reference No. 8610027) approving the city's Resolution of Intention and bound- ary maps and consenting to the acquisition of sewer facilities improvements and formation of Assessment District No. 86-3; and WHEREAS, the aforesaid consent was conditioned upon City acceptance of the terms and conditions of said Resolution No. 86-327, which conditions require: (1) that the City file a copy of map or maps showing the final boundaries of the District with the Clerk of the Board of Supervisors immediately upon recording such map or maps; (2) that should the City construct any of the proposed facilities the contractors engaged to perform the work maintain liability insurance in specified amounts naming the County of Kern as an additional insured; (3) that the County assumes no duties or liabilities with respect to such district or the sale of bonds; and (4) other conditions as set forth in said Resolution No. 86-327. NOW, THEREFORE, BE IT RESOLVED by the Council of the city of Bakersfield that the Mayor is hereby authorized to sign said Resolution No. 83-327 accepting the terms and conditions thereof on behalf of the City of Bakersfield; and that the City Clerk shall forward an attested copy of this Resolution and Board of Supervisors Resolution No. 86-327, signed by the Mayor, to the Clerk of the Board of Supervisors. .......... o0o .......... 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 the 18th day of June , 19 86, by the following vote: AYES: COUNCILMEMBERS: CHILD CHRI~TEN~EN.DICKERSON, MOORF~RA3'FY,$ALVAGGIO, SMtT~ CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED this 18th day of June , 19 86 ~AYOR of the City of ~akersfield APPROVED as to form: CI/~TORNEY~~he City of Bakersfield AJS/bl 5 R.AD86-3-1 2 of County of K rn, S te of Califo i CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 86-3 (WASTEWATER TREATMENT PLANT ~3 OUTFALL PIPELINE): APPROVE FORM OF RESOLUTION OF INTENTION AND BOUNDARY MAPS, CONSENT TO ACQUISITION OF IMPROVEMENTS AND FORMATION OF ASSESSMENT DISTKICT Re~o4ut~on No. 86-327 ReJetence No ....... ~.6.LQO2.?. ..... L SHARON CLAPS het,~ :,t~ tha~ me foaov.~ ~,elu~o~ m~:~:,~ by Su~°t Shell by $U~:~%~iIOr Lar~ood , ~as du~ passed and adopted by s~d Boand of $upervm~rs at an SHARON CLARK A~: Ashburn, lus:in, Larwood, ltarvey, Shell .~B~:~one WHEREAS, in adopting Resolution No. 53-86 on May 21, 1986, the City Council of the City of Bakersfield declared its intention to undertake special assessment and assessment bond proceedings for the acquisition of sewer facilities improvements (Wastewater Treatment Plant ~3 Outfall Pipeline) and to assess the cost of said improvements and the expenses incidental thereto upon the District benefited thereby, being an area which is in the unincorporated area of Kern County; and WHEREAS, the City of Bakersfield has determined that the public interest and convenience will be served by the acquisition of said sewer facilities improvements and the levying of said assessments; and WHEtLEAS, California Streets and Highways Code §10103 requires that prior to including unincorporated territory within an assessment district, a city must receive the consent of the county within which the unincorporated territory is located; and 86-327 WHEREAS, the City of Bakersfield has submitted to this Board for approval, a proposed Resolution of Intention to form the subject assessment district and requested this Board consent to certain property located outside the boundaries of the City of Bakersfield and within the unincorporated territory of Kern County being included within the boundaries of the proposed assessment district; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Board of Supervisors of the County of Kern, State of California, as follows: 1. That the form of Resolution of Intention to form an assessment district for the City of Bakersfield Assessment District No. 86-3, submitted by the City Council of said City and presented to this Board, be, and it is hereby approved. 2. That the plats indicating by boundary lines the extent of the territory included in the proposed assessment district, presented by said Council to this Board are hereby approved. '-~ 3. That, subject to the acceptance of the terms and conditions hereof by the City of Bakersfield, consent be, and the same is hereby granted to said City to acquire said improvements as described in said Resolution of Intention and to make such changes and modification therein as may be proper or advisable in the manner provided by law. 4. That the City of Bakersfield shall file with the Clerk of this Board a copy of the map or maps showing the final boundaries of the subject district immediately following the recording of said map or maps. 5. That in granting the consents and approvals contained in this Resolution, this Board is not approving, ratifying or in any manner whatsoewer condoning the manner in which the City of Bakers- field, either currently or in the future, operates its Wastewater Treatment. Plant ~3. 6. That the City of Bakersfield agrees that the project is intended to be solely acquisition of the sewer facilities but should the City construct any of the proposed facilities, it shall require 2 of any contractor or contractors engaged to perform the work and improvements, a portion of which said improvements are within the unincorporated area of the County of Kern, to take out and maintain at all times during the performance of any work to be done within said area, a policy or policies of public liability and property damage insurance naming thereon the County of Kern, its officers and employees as insured against liability of any kind whatsoever arising out of or in any way connected with the work and improvements to he performed by, for, or on behalf of the contractor or contractors. Both personal and property damage insurance must be on an occurrence basis; and said policy or policies shall provide that the coverage afforded thereby shall be primary coverage to the full limit of liability stated in the declarations; that if the County of Kern and its officers and employees have other insurance against any loss covered by said policy or policies, said other insurance shall be deemed excess insurance only. Said policy or policies shall provide coverage in the following minimum amounts: For personal injury, $500,000 each person, $1,000,000 each occurrence; for property damage, $250,000 on account of any one occurrence with an aggregate limit of n0t'less than $1,000,000. Said policy or policies shall be satisfactory to the County Counsel of the County of Kern. In the event of such construction by City in lieu of or in addition to acquisition, City shall require the contractor or contractors to file with the Board of Supervisors of the County of Kern at the time of execution of any contract awarded to the contractor for performing of said work and improvements, a certificate showing insurance coverage as aforesaid, and that said policy or policies shall not be cancelled or reduced in coverage without giving to the Board of Supervisors of the County of Kern no less than ten (10) days prior written noCice of intention to do so. 7. That the proceedings to be undertaken by the City of Bakersfield in the formation of the proposed assessment district and the insurance and sale of bonds shall provide that the County of Kern shall not be deemed to be assuming any duties, obligations or liabilities with respect to said formation or said issuance and sale of bonds. 8. That all work pertaining to the acquisition and construction of the Wastewater Treatment Plant ~3 Outfall Pipeline shall be performed to the satisfaction of the Engineer of the City of Bakersfield and in conformity with good engineering practices. 9. That the City of Bakersfield shall accept the terms and conditions hereof and that said acceptance shall be indicated by authorized representatives of the City of Bakersfield affixing their signatures hereto in the space provided. 10. That the Director of the Department of Public Works of the County of Kern is hereby authorized and directed to perform all acts necessary to accomplish the purpose of this Resolution. 11. That the Clerk of this Board shall forward copies of this Resolution to the following: City of Bakersfield (2 certified copies, 1 to be executed and returned as hereinabove provided) Director of Public Works, County of Kern County Counsel Richard Hatgrove, Attorney at Law Suite 411 2220 Tulare Street Fresno, CA 93721 Ed Wilson, Civil Engineer 1542 West Calimyrna, Suite 100 Fresno, CA 93711 CITY OF BAKERSFIELD By Mayor ATTEST: By City Clerk TC:wl 4