The URL can be used to link to this page

Home My WebLink AboutORD NO 2632ORDINANCE NO. 2632 NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD ADDING CHAPTER 1.30 TO THE MUNICIPAL CODE, CREATING THE BAKERSFIELD WATER BOARD, AND ESTABLISHING THE POWERS AND DUTIES OF SAID BOARD. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. That Chapter 1.30 is hereby added to the Municipal Code of the City of Bakersfield to read as follows: Sections: 1.30.010 1.30.011 1.30.012 1.30.020 1.30.030 1.30.040 1.30.050 1.30.060 Chapter 1.30 CITY OF BAKERSFIELD WATER BOARD Board Membership Chairman and Vice-Chairman Policy and Purpose Authority and Powers Sale of Water Additional Powers Manager of Water Department City Clerk--Ex-Officio Secretary 1.30.010 Board Membership. There is hereby created a Board which shall be known as the City of Bakersfield Water Board. Members of the Water Board shall be the members of the City Council Water and Growth Committee, the City Manager, and the City Attorney, all of whom are and shall be Officers of the City of Bakersfield. 1.30.011 Chairman and Vice-Chairman. One member shall be elected as Chairman and one shall be elected as Vice-Chairman to serve in the absence of the Chairman. 1.30.012 Policy and Purpose. The City of Bakersfield has acquired significant water rights and lands and facilities associated with those water rights for the purpose of assuring the inhabitants of the City of Bakersfield as it now exists or as it may be con- stituted in the future with an adequate municipal water supply. 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 future use within the City of Bakersfield. The purpose of the Water Board shall be to regulate, control, manage, renew, repair, replace, and preserve the water rights, the water associated with those rights, and the water facilities and related lands of the City consistent with this policy. In administering and implementing this policy, it shall make every effort to conserve water for the benefit of the present and future inhabitants, including the protection, preservation and augmentation of the underground water supply. In carrying out these policies, the Board shall enter into arrangements with others on such terms and conditions as, in the Board's opinion, will best serve the public interest. All such decisions shall be accomplished by a majority of the Water Board, comprised of Officers of the City as an honest exercise of reasonable discretion. 1.30.020 Authority and Powers. The City of Bakersfield Water Board, subject to the policies and purposes set forth in Section 1.30.012, is authorized and empowered to: 1. Create, supervise and direct the operations of a City of Bakersfield Water Department and any municipal water service acti- vities assigned to or administered by any other department of the City of Bakersfield. 2. Make recommendations to the City Council regarding the establishment of municipal water rates by the Council. 3. Make recommendations to the City Council for acquisition and sale of real property required to carry out the policies and purposes set forth herein. 4. Prepare, or cause to be prepared, annually a budget for the operation of the water system, which shall be subject to approval by the City Council. 5. Control and order the expenditure of moneys received from the sale and use of water for the defraying of expenses or mainten- ance and repairs and operation of the City's water facilities, and for any expenses for additions to the same. 6. Collect all charges for water rates or from water sales or exchanges, or from use of any City-owned land for purposes relating to water storage, spreading, distribution or delivery. 7. Conduct surveys and investigations pertinent to the water supply and resources of the City. 8. Appropriate, acquire, by purchase, gift, devise, lease and conserve, lease, mortgage, deed in trust, hold, manage, and control water and water rights for any useful purpose and such other property as its interests may require. 9. Store, spread and sink water and construct dams, reservoirs, canals, ditches and conduits, spreading basins, sinking wells and sinking basins. 10. Drill, construct, install and operate wells, pumps, pipe- lines, conduits, canals, valves, headgates, meters, and other appurtenances to such wells, pipelines, canals and conduits, and pump water therefrom and thereby for sale, delivery, distribution, or other disposition. 11. Deliver, distribute, exchange or otherwise dispose of any water, or water rights, other than by sale, that may be stored or appropriated, owned or controlled by the City. 12. Appoint and employ such consultants as the Board deems necessary or advisable to accomplish its purposes. 13. Contract for services, tools, implements, machinery and equipment as the Board deems expedient or advisable to perform the work which it deems necessary or advisable to accomplish the pur- poses set forth herein. 14. Provide for the payment, from the Water Fund, of all the debts of and just claims against the Board. 15. Disseminate information concerning the rights, properties, activities, operations, plans and proposals of the Board. 16. Regulate, control, manage, renew, repair, replace, and preserve the water facilities and related lands of the City of Bakersfield, to conserve and augment and to preserve the under- ground water supply in the areas surrounding the City of Bakersfield. 17. Enter into and make contracts, on behalf of the City, to effect and carry out any of the duties enumerated or powers dele- gated herein. 18. Make rules and regulations governing the conduct of the Board and setting the time and dates for meetings. 19. Provide general direction to the Manager of the Water Department regarding the operations of that Department. 1.30.030 Sale of Water. The City of Bakersfield Water Board, subject to the policies and purposes set forth in Section 1.30.012, is authorized and empowered to sell such water, or water rights, owned or controlled by the City subject to confirmation of such sale by the City Council. 1.30.040 Additional Powers. In addition to the powers expressly granted herein, the Board shall have the further powers necessarily or fairly implied as incident to such expressed powers which are necessary or indispensable to the accomplishment of the declared policies and purposes set forth herein. 1.30.050 Manager of Water Department. The Manager of the Water Department, appointed by the City Manager, who shall be an Officer of the City of Bakersfield, shall be responsible for the day-to-day supervision and direction of the operations of the City of Bakersfield Water Department, 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. 1.30.060 City Clerk--Ex-Officio Secretary. The City Clerk shall be Ex-Officio Secretary of the Water Board, and shall keep a record of the proceedings thereof, and shall, whenever required, certify such proceedings and take any other action directed by the Board. o This ordinance approved June 20, 1977. SECTION 2. repeals Ordinance No. 2357, New Series, SECTION 3. 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 .......... 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 25th day of Ma.rch , 1981, by the following vote: CITY CLERK anQ Ex O~ficio Clerk of the Council of the Cit~ of Bakersfield APPROVED this 2$th day of March , 1981 APPROVED as to form: C Y A~~ORN~o~f th~e C~y o~ Bakersfield STATE OF CALIFORNIA, ~ County of Kern ~ ss. 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 o~x ................... .~..a....r...?....h......~..7. ............................................................................... 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 ..................................~.~..r...~..h.......~.~ .............................., 19..~..~...., which ordinance was numbered_ ............~.~.~ ......................New Series, and entitled: AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD ADDING 1.30 TO THE MUNICIPAL CODE, CREATING THE BAKERSFIELD WATER BOARD, AND ESTABLISHING THE POWERS AND DUTIES OF SAID BOARD. City ~lerk Subscribed and sworn to before me this 27th ~o, ~f March 1981