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 ..........
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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 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..~.[[..