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Home My WebLink AboutORD NO 578EMERGB:NCY OhDINANCE NO..~N~.V SERIES AN EMERGENCY ORDIE:ANCE AUTHORIZING THE CITY ENGINEER TO ENTER INTO AGRE~.ENTS ON BEHALF OF THE CITY OF BAKERSFIELD WITH NON-RESIDENTS FOR THE RENTAL AND USE OF A SE~ER CONNECTION WITH THE OUT-FALL MAIN SEWER SYSTEM, ESTABLISHING RATES AND CHARGES FOR SUCH CONNECTIONS, AND AUTHORIZING DISCONNECTION FOR NON-PAYMENT OF SUCH RENTALS, PROHIBITING FUTURE CONNECTIONS WITH THE OUT-FALL P,~IN SEWER SYSTEM, AND REPEALING ORDINANCE NUMBER 575 NEW SERIES OF THE CITY OF BAKERSFIP~LD. WHEREAS, the City Council hereby declares that an emergency exists for the immediate preservation of the public peace, property, safety and welfare, which requires the passage of an emergency ordin- ance relating to sewer connections made with the out-fall main sewer system of the City of Bakersfield, by non-residents of said City, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF BAKER~FIFiD, as follows: SECTION 1. 'No person, firm or corporation owning or controlling real property situated without the city limits of the City of Bakersfield, or situated partly within and partly without the city limits of the City of Bakersfield, shall hereafter connect any private sewer line or lines serving said property without said city limits, to any out-fall main sewer system of the City of Bakersfield, and any such connection made in violation of this section shall be immediately disconnected under the direction of the City Engineer. SECTION 2. No person, firm or corporation owning or controlling real property situated without the city limits of the City of Bakersfield, or situated partly within and partly without the city limits of the City of Bakersfield, shall maintain any private sewer line or lines connection serving said property without said city limits, to any out-fall main sewer system of the City of Bakersfield, without first entering into a written agreement with the City of Bakersfield, -1- on a form approved by the City Engineer, to pay an annual rental to the City of Bakersfield for said connection in accordance with the rates hereinafter set forth. The rate to be charged for each connection, and included in said agreement, shall be determined by the City Engineer upon a survey or inspection of the property. SECTION 3- All private sewer lines heretofore connected to the said out-fall main sewer system of the City of Bakersfield, without the .owner of said property having entered into a written agreement with the said City of Bakersfield for the payment of rental for said connection, shall be disconnected under the direction of the City Engineer, upon thirty (30) days written notice to the property owner of said property, given by the City Engineer, unless within said time the owner of said property executes said agreement for the payment of rental in accordance with the rental schedule of rates and charges hereinafter set forth in Section 4. Notice sent by registered mail to the property owner at his last known address, or to the occupant of said property, shall be sufficient notice under this ordinance. SECTION 4. The rate and charges to be made are as follows: One Family Dwelli~ Two Family Dwelling Multiple Dwelling (per unit) House Court (per unit) Automobile Court (1 to 10 units - per unit) Automobile Court (11 to 20 units - per unit) · Automobile Court (over 20 units - per unit) Automobile Camp (per 100 sq. ft. of area) Hotel Hotel Hotel (1 to 10 rooms - per room) (11 to 20 rooms - per room) (over 20 rooms - per room) -2- $ 25.00 per year 40.00 per year 12.50 per year 15.00 per year 6.00 per year 4.00 per year 2.50 per year · 50 per year 6.00 per year 4.00 per year 2.50 per year Garages (with wash rack) $200.00 per year Garages (without wash rack) 75.00 per year Gasoline Service Station (with wash rack) 200.00 per year Gasoline Service Station (without wash rack)75.00 per year Occupancies not listed above will be charged at a rate per year to be determined by the City Engineer. Said rate per year shall be determined after an inspection of the property sought to be connected, as interpreted in the light of this schedule, but in no case shall the rate be less than twenty-fi~e ($25.00) per year. The said fees shall be due and payable at the office of the City Engineer of the City of Bakersfield, at the time and in the manner provided in the agreement. SECTION 5. No change shall be made in the status of any occupancy or facility served which would cause an increase in the service and an increase in the rate to be paid to the City of Bakersfield as provided in Section 4 hereof, by the owner or occupant of said property, without having first secured a permit from the City Engineer authorizing said change, and it shall be the duty of the owner or occupant of said facility served to secure said permit before said change has been made in the facility served, and to enter into a new agreement with the City of Bakersfield at the increased rate necessitated by said change, within thirty (30) days after said change has been made. If the owner or occupant fails to secure a permit, or to enter into a new agreement, as stated above, the City may disconnect said private sewer upon thirty (30) days written notice, as provided in Section 3 hereof, or may charge said owner or occupant a penalty of fifty percent (50%), which shall be based upon the new and correct rate for the increase in service, said penalty to be charged only upon the first year's rental at the increased rate. SECTION 6. The rate and charges fixed in this ordinance are hereby declared to be necessary to compensate the City for the expense incurred in furnishing sewer facilities, equipment, supervision, and regulation of sewage disposal and the sewer farm, for property owners outside the city limits of the City of Bakersfield who have connected their property with the out-fall main sewer system of the City of Bakersfield, and said rates and charges are found to be a reasonable fee for the privilege and the service. Said rate and charges are based upon service to the property or properties connected, and no combination of facilities served shall alter the rate to be charged for each facility. SECTION 7. Notwithstanding anything to the contrary in this ordin- ance, the City of Bakersfield reserves the right to terminate any agreement under this ordinance upon six (6) months written notice to the owner of the property at his last known address, or upon six (6) months written notice to the occupant of said premises. SECTION 8. Any agreement made under this ordinance may incorporate provisions not contained herein, if not in conflict herewith. SECTION 9. This ordinance shall not affect that certain agreement heretofore entered into between the City of Bakersfield and the County of Kern, dated the 15th day of May, 1939, giving the County of Kern the right to connect its private sewer to the Headworks'of the Sewage Treatment Plant of the City of Bakersfield. SECTION 10. In any case where property owners have entered into a written agreement with the City of Bakersfield for the payment of rental for the privilege of connecting their private sewer line -4- or lines with the out-fall main sewer, system of the City of Bakers- field, and fail to pay their rental at the time and in the manner required by this ordinance and said agreement, it shall be the duty of the City Engineer, upon ten (lO) days written notice to the property owner of said premises, sent by registered mail at his last known address, or upon ten (lO) days written notice to the occupant of said premises, sent by registered mail, to immediately disconnect said private sewer line from said out-fall main sewer system of the City of Bakersfield, unless rental has been paid within said ten (lO) days time. SECTION ll. Ordinance Number ~75 New Series of the City of Bakers- field, and all other ordinances or pa~ts of ordinances in conflict herewith, are hereby expressly repealed. SECTION 12. This ordinance is hereby declared to be an emergency ordinance within the meaning of Section 24 of the Charter of the City of Bakersfield, State of California, and necessary for the immediate preservation of the public peace, property and safety, and shall take effect immediately upon its passage by the City Council of the City of Bakersfield. - o0o ........... I HEREBY CERTIFY that the foregoing Emergency Ordinance was passed and adopted by the Council of the City of Bakersfield, at a regular meeting thereof held on the/~ay of~ 1941, by the followin~ vote: RIAAI)UKE;I,4,;klZLLAN,HORIIZS,SIViFI' it,SOLLERS,'gI:S30~ AyESsBODt:N,HA City Clerk of the Council of the City of Bakersfield. APPROVED b me th s/~o ay of .__~~~ , 1941. · "~"~MAYOR of Bakersfield. of los ng (Drh nanres STATE OF CALIFORNIAt County of Kern ~ ss. V. VAN RIPER, being duly sworn, deposes and says: That he is the duly appointed, acting and qualified Clerk of the City of Bakersfield; and that on ...........~ .......... ./...-~--. .........19..~.../.., he posted on the Bulletin Board at the · City Hall, a full, true and correct copy of an ordinance passed by the Council of said City at a meeting thereof duly held on ................. ~ ..... -/---7 ......1.9~...../.., which ordinance was n umbered......(..7.....~... ......New Series, and entitled: AN EMERGENCY ORDINANCE AUTHORIZING THE CITY ENGINEER TO ENTER INTO AGREE~ENTS ON BEHALF OF THE CITY OF BAKERSFIELD WITH NON-RESIDENTS FOR THE RENTAL AND USE OF A SEWER CONNECTION WITH THE OUT-FALL MAIN SEWER SYSTEM, ESTAB- LISHING RATES AND CHARGES FOR SUCH CONNEC- TIONS, AND AUTHORIZING DISCONNECTION FOR NON-PAYMENT OF SUCH RENTALS, PROHIBITING FUTURE CONNECTIONS WITH THE OUT-FALL MAIN SEWER SYSTEM, AND REPEALING ORDINANCE NUMBER 575 NEW SERIES OF THE CITY OF BAt.[ERSFIELD. Subsdrifted and sworn to before me this / (4z --.''-=-- .~--~._.:.:::~. ........~ .............. ...~.~L~...day of~ ........... '~, ~ ~"~"L~;"' . St