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HomeMy WebLinkAboutORD NO 2660ORDINANCE NO. 2660 NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD ADDING CHAPTER 1.48 TO THE MUNICIPAL CODE ESTABLISHING AND ADOPTING RULES FOR THE OPERATION OF THE CITY'S WATER SYSTEM IN THE FAIRHAVEN WATER SERVICE AREA, AMENDING CHAPTER 1.46 BY ADDING SECTION 1.46.020D, AND AMENDING SECTIONS 1.46.120, 1.46.150A(2)a., AND 1.46.150B., RELATIVE TO OPERATIONAL RULES FOR ASHE WATER SERVICE AREA. follows: BE IT ORDAINED by the Council of the City of Bakersfield as SECTION 1. There is hereby added to the Bakersfield Municipal Code Chapter 1.48 to read as follows: Sections: 1.48.010 1.48.020 Chapter 1.48 ESTABLISHMENT AND OPERATIONAL RULES - FAIRHAVEN WATER SERVICE AREA Establishment of Fairhaven Water Service Area Application of Chapter 1.46 to Fairhaven Water Service Area 1.48.030 Excess Capacity Assessment Credit 1.48.010 Establishment of Fairhaven Water Service Area. There is hereby established the Fairhaven Water Service Area, the boundaries and service area of which shall be as determined by the Council by resolution, which resolution may be amended from time to time. 1.48.020 Application of Chapter 1.46 to Fairhaven Water Service Area. The operational rules set forth in Chapter 1.46 of the Bakersfield Municipal Code, except for the provisions of subsections A. (1)b., A(2)c., A. (3)c., A. (4)c., B. (1)b., B(1)c., B. (2)a., B. (2)b., B. (3), and C. of Section 1.46.140, A. (5)c., A. (5)d., A. (6), B. (1)a., B. (2)c., B. (2)d., B. (2)e., of subsection A. (1)a. of Section 1.46.150, and as otherwise provided in this Chapter, as said Chapter may be amended from time to time, apply to the operation of the Fairhaven Water Service Area. 1.48.030 Excess Capacity Assessment Credits. The City shall make payments to the bond redemption fund of a portion of any con- nection fees charged by the City or any other funds to provide partial payment of assessments as they come due, in an amount not to exceed Seven Hundred Forty-three Thousand Dollars ($743,000) as offset for the cost of constructing excess capacity in the water distribution system for future expansion and acquisition of the portion of said system with the boundaries of the City, consistent with the provisions of Section 10205 of the California Streets and Highways Code. SECTION 2. Section 1.46.020 of the Bakersfield Municipal Code is hereby amended by adding subsection D to read as follows: 1.46.020 Description of Service. D. Non-liability. The City shall not be liable for injury or damage to either persons or property resulting from failure to supply either adequate quantity, quality, or pressure of the water supplied pursuant to these rules or pursuant to any contract hereunder. Acceptance of service by any customer shall constitute waiver of ~uch liability. SECTION 3. Section 1.46.120 of the Bakersfield Municipal Code is hereby amended to read as follows: 1.46.120 Rates and Charges. A. Effective Rates. A complete schedule of all effective rates authorized to be charged for water service shall be kept in the City's local offices where they will be available for public inspection. B. Availability Rates and Charges. The City Water Board, with concurrence of the City Council, shall establish availability (stand-by) fees and charges for water service facilities for all areas except those described 2o in Exhibit C-1 of the City Agreement No. 76-36, which fees and charges are hereby declared to be necessary to compensate the City for the expense incurred in furnishing source, storage, and water distribution facilities, and related capital project expenses, including but not limited to costs of acquisition and financing and necessary costs of operation, maintenance, replacement, improvement and extension of the water system. SECTION 4. Section 1.46.150A. (2)a. of the Bakersfield Municipal Code is hereby amended to read as follows: 1.46~150 Service Connections, Meters and Customers' Facilities. A. Installation. (2) Meters. a. Meters, where authorized, will be installed by the City at the customer's expense, unless otherwise provided in the rules and schedule of rates. SECTION 5. Section 1.46.150B. of the Bakersfield Municipal Code is hereby amended to read as follows: 1.46.150 Service Connections, Meters and Customers' Facilities B. Ownership. The service connections, meters, and other facilities furnished by the City at the customer's expense and located wholly or partially upon a customer's premises are and shall remain the property of the City, which has the right to repair, replace and remove upon discontinuance of service. SECTION 6. This ordinance shall be posted in accordance with the City Charter provisions and shall become effective thirty (30) days from and after the date of its passage. .......... o0o .......... o 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 the 12th day of August , 1981, by the following vote: /X //" ' CITY CLERK a~nd Ex Officio Clerk of the Council of the City of Bakersfield APPROVED this lz~h day of August MAYOR if/the City ~f Bakersfield , 1981 APPROVED as to form: CITY' ATTORNEY~ the Cit~'of Bakersfield Aff avtt of Iosfing r tnat es STATE OF CALIFORNIA, } County of Kern fss' PHILIP KELMAR, being duly sworn, deposes and says: That he is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that or~ ............................................A..~.g.~.s.....t.......l_.f~.~ ................................................, 19....~.~.. he posf~-,d 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 ............A.u..~..s....t...._.~..~. ............................................., 19....._~.~ which ordinance ~vas numbere~ ...........~..~..~Q ..................New Series, and entitled: An Ordinance of the Council of the City of Bakersfield adding Chapter 1.48 to the Municipal Code Establishing and Adopting Rules for the Operation of the City's Water System in the Fairhaven Water Service Area, Amending Chapter 1.46 by adding Section 1.46.020D, and amending Section 1.46.120, 1.46.150A(2)a., and 1.46.150B., relative to Operational Rules for Ashe Water Service Area. Cit[y Clerk Subscribed and sworn to before me this ..... 1.~.t.h. day of ....A~ga~ .......................,19..~.[[..