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HomeMy WebLinkAbout05/02/79 AGENDA WATER BOARD - CITY OF BAKERSFIELD WEDNESDAY, MAY 2, 1979 4:00 P.M. ' ..... Call meeting to order Roll Call- Board Membars: Barton, Chairman; Payne, Ratty, Bergen, Hoagland 1. Approve minutes of regular board meeting of March.28, 1979.- 2. Scheduled public statements. 3. City of Bakersfield Position Paper Presentation To California Water Commission. - FOR BOARD CONSIDERATION. 4. Agreement between Southgreen Partners; Cutbirth, Sill, Caratan, and Camp; and City covering installation of 12-inch A.C. water main on the north side of Ming Avenue from New Stine Road west for 1327 feet. - BOARD TO CONSIDER: IF BOARD APPROVES, AUTHORIZE CHAIP~4AN TO SIGN. 5. Mainline Extension Agreements with Tenneco Realty Development Corporation. - BOARD TO CONSIDER: IF BOARD APPROVES, AUTHORIZE CHAIRMAN TO SIGN. 6. Staff Comments a. Fairhaven Fire Protection District update. b. Domestic Water Enterprise 3rd Quarter Operating Statement fiscal year 1978-79. 7. Board Comments 8. Adjournment · ?~ MINUTES WATER BOARD - CITY OF BAKERSFIELD WEDNESDAY, MARCH 28, 1979 4:00 P.M. The meeting was called to order by Vice-Chairman Ratty in the City Hall Caucus Room. The secretary called the roll as follows: Present: Ratty, Vice-Chairman; Barton, Payne, Bergen, Hoagland' Absent: None Staff Present: Bogart, Chafin, Hansen, Hostmyer, Needham, ~ Oberholzer The minutes f~om the regular meeting of March 7, 1979, were approved as p~esented. At this time ~he board conducted their election of officers. , Mr. Payne made'"'"a~m°{ion that the board nominate Mr. Barton as' Chairman. The motion was'passed by the following roll call vote: Ayes: Ratty, {Barton, Payne, Bergen, Hoagland Noes: None ~ Absent: None , Upon a motion by Mr. Barton, Mr. Payne was nominated as Vice-, Chairman. The motion was passed by the following roll call vote: ~Ayes: Barton, Payne, Ratty,~ Bergen, Hoagland Noes: None Absent: None A letter addressed to Hugh T. Williams, President of the Kern County Water Districts Advisory Committee from Mr. Barton re-~ garding a meeting which had been held on March 27, 1979 deal-. ing with the City's Statement of Policy on Groundwater Manage~ ment was presented to the board for information. The Agricultural Water Enterprise.Operating Budget and Proposed Capital Outlay Program for 1979-1980 was presented to the board for consideration by Gene Bogart, Water Superintendent. Mr. Hoagland made a motion that the'board approve and adopt the budget and capital outlay program, and that it be submitted to the City Council. ~The motion was passed. G~ant Deed from Tenneco West, Inc. to City of Bakersfield for portions Of the Stine Canal right-of-way between Stockdale High- way and Stine~Road, these parcels escaped the original sale Tenneco to City to Kern Delta. Also, presented to;~he board was the Quitclaim Deed granting'the parcels from the City of .Bakersfield to Kern Delta Water District. Mr. Hoagland made a ~ /mOtion that.'the board accept the Grant Deed, approve the Quit~ claim Deed, 'a~d authorize the Chairman to sign. The motion ' was passed. Ditch Eradication Agreement and Pipeline Easement granted by ~i~y of Bakersfield~to Lewis~E. Stratton, John D. Petris and Joyce Petris, !real property described as follows: 1356.7 Lineal feet of 30" reinforced concrete pipeline installed in Beardsley Lateral 1-2-0 jus~ north of Olive Drive located in Lots 28 & 29 of Tracts 3993 & 3995 of Section 9, TWN. 29, RGE. 27, - final inspection made March 13, 1979. The above was presented to the board for approval, upon a motion by Mr. Bergen, which was passed the Agreement was approved. A letter'~from Cawelo Water District regarding increase of its non-firm contractual ~entitlement with the City of Bakersfield was presented to the board for consideration by Water Manager Chafin. Mr. Hoagland made a motion that the letter be received~ and placed on file for further recommendation and study by the staff. The motion was passed. A Letter Agreement between Bidart Bros. and the City of Bakersfield setting forth our understanding regarding the pur- chase of irrigation water by Bidart for 1979 was presented to the board by Mr. Chafin. Upon a motion by Mr. Hoagland, which was passed th~ board authorized Mr. Chafin to sign the Letter~ Agreement.. ~ ~ ~ City of Bakersfield's response to California Water Service Company to serve a customer within the City's Domestic Water Service area was presented to the board. After a brief ex- planation by Domestic Water Superintendent, John Hansen, upon a motion by Mr. Bergen, which was passed the board approved the letter and authorized the Chairman to sign. ' A memorandum to the Water Board from John Hansen requesting a Policy on Fire Hydrant Installations was brought before the board for consideration. Mr. Bergen made a motion that the Policy be approved. The motion was passed. A letter from City of Bakersfield Water Board appointing the Domestic Water superintendent as a City alternate member of the Kern County Water Agency's Urban Bakersfield Improvement District Advisory Committee was presented to the board for consideration. Upon a motion by Dr. Ratty, which was passed the letter was approved and the Chairman authorized to sign. A memorandum to Water Board from John Hansen requesting per- mission to write-off Bad-Debts and submit them for collection was presented for board action. Mr. Hoagland made a motion that the board turn the Bad-Debts list over to ~the City's collection agency, Herbert P. Sears, for collection. The motion was passed. Staff Comments Mr. Needham stated that, in keeping with the boards request that the staff research alternate sources of funding for Capital Im- provement projects for the Domestic Water System which would not create the need to revise water rates, $300,000.00 was set aside by'~the City, at the time the Domestic Water System was purchased, for oeprational costs of the system. The funds were not used and are presently being held in a revolving account. Mr. Needham recommended the board consider using these funds for part of the capital project needs for the coming year. Board members directed Mr. Needham to request the use of these funds in-the budget ~request for the coming year. There being no further business to come before the board, Chair- ~an Barton adjourned the meeting at 5:05 P.M. ~ James J. Barton, Chairman City of Bakersfield Water Board Linda Hostmyer, Secretary City of Bakersfield Water Board ~ TETSON ENGINEERS INCol · i ... ' I C~F¥ OF BAKERSFIELD CIVIL AND CONSULTING ENGINEERS ~i~ East:'3a~ey Avenue 550 Kearny Strut - Suite 6~ W~t Covina. California 91791 ~ T ~ I ~ 0 ~ [ 9 7 ~ ~n Franci~o, ~lifornia 941~ (213) 96%6202 (415) 781 ~7 San Francisco Stanley M. Barnes, President Henry Miller Water District 1415 18th Street, Room 307' Bakersfield, CA 93301 Dear Start: Thank you for your letter of April 25, 1979 regarding the City of Bakersfield Water Board's Statement of Policy Regarding Water Resources Hanagement in the Kern County Portion of San Joaquin Valley, dated May 7, 1979. I am flattered that you consider me the principal author of that Statement. It is unfortunate that you read into that Statement of Policy something that is not there. Nothing in that paper suggests that the City of Bakersfield favors regional or State groundwater management. On the contrary, it urges local manage- ment through cooperative efforts of the local public water entities. This policy is recommended'for two basic reasons: (1) to avoid groundwater litigation among possible competing local interests, and (2) to prevent a possible State administered plan from being imposed upon Kern County. Sincerely, Thomas M. Stetson TMS:sg ';~' ' , ETSON E ERS INC. t4A'Y ~ C'lrY OP BAKERSFIE~,D CIVIL AND CONSULTING ENGINEERS ~M~T 31~E~tGa~eyAvenue ~A--T~[" ~0,' ~979 W~t C~ina. California gl 791 ~n Franci~o. ~lifornia 941~ '(2~3) 967-62~ (415) 781~7 REPLYTO: San Francisco Mr. John Chafin, Manager Bakersfield Water Department City Hall 1S01 Truxtun Avenue Bakersfield, CA 93301 Dear John: Enclosed is a copy of the proposed statement to be presented to the State Water Commission at its meeting in Bakersfield on May 4, 1979. Also enclosed is a copy of my proposed response to the letter of April 2S, 1979 from Stan Barnes. I decided to answer his letter in a brief, straightforward manner rather than to initiate what could result in a long harangue. Sincerely, Thomas M. Stetson THS:sg cc: Stanley C. Hatch, Esq. ~ STATD.1ENT ON BEHALF OF THE, CITY OF BAKERSFIELD !'IATER BOARD BEFORE THE STATE ~,!ATER COMMISSION* CITY HALL, BAKERSFIELD, CALIFORNIA ~AY 4, 1979 MR. CHAIRMAN AND MEMBERS OF THE COMMISSION, MAY I ADD MY'WELCOME TO THE CiTY OF BAKERSFIELD. !YE ARE PLEASED THAT YOU ARE HOLDING THIS MEETING HERE IN KERN COUNTY SO THAT-YOU CAN SEE AND HEAR AT FIRST HAND FROM THE LOCAL WATER COMMUNITY. IIUCH ATTENTION HAS BEEN FOCUSED IN RECENT MONTHS ON THE WATER SITUATION IN SAN ,JOAQUIN VALLEY AND PARTICULARLY ON THE SOUTHERN PORTION OF THE VALLEY. THERE CAN BE NO DISPUTE OF THE FACT THAT THERE IS CURRENTLY A SHORTAGE OF WATER SUPPLIES IN KERN COUNTY. THE VALLEY PORTION OF THE COUNTY USES VAST QUANTITIES OF WATER TO PRODUCE FOOD AND FIBER FOR OTHER AREAS OF THE STATE~ THE NATION AND THE WORLD. I THINK THAT NO ONE CAN SERIOUSLY SUGGEST THAT THIS IS. NOT A NECESSARY AND REASON- ABLE USE OF WATER. FARMING PRACTICES IN KERN COUNTY ARE AMONG THE MOST SOPHISTICATED AND THE MOST EFFICIENT IN THE WORLD. EVEN IN YEARS OF ABOVE-NORMAL WATER SUPPLY, VERY LITTLE OF THE FLOOD WATERS OF THE I<ERN RIVER ARE WASTED. PRESENTED BY THOMAS ~I. STETSON, CONSULTING CIVIL ENGINEER, IN 1978, A YEAR OF 249 PERCENT OF NORMAL RUNOFF OF THE KERN RIVER, LITTLE, IF ANY,~WATER OF THE KERN RIVER WENT TO NON-BENEFICIAL USES. DURING 1978 THE CALIFORNIA AQUEDUCT INTERTIE WAS OPERATED FOR THE FIRST TIME SO THAT KERN RIVER FLOOD WATERS COULD BE TAKEN INTO THE AQUEDUCT AND NOT FLOOD THE LOWLANDS, CAUSE A LOSS OF CROPS AND WASTEFULLY EVAPORATE AWAY. INSTEAD,. THE FLOOD WATERS TAKEN INTO THE AQUEDUCT WERE DELIVERED TO STATE CONTRACTORS AND REDUCED DIVERSION TO THE AQUEDUCT FROM THE DELTA AND SAVED THE ENERGY AND TRANSMISSION COSTS OF TRANSPOR- TATION OF PROJECT WATER SOME 200 MILES FROM THE DELTA · TO TUPMAN. WE ARE USING ALL OF THE LOCAL WATER RESOURCES IN A VERY EFFICIENT MANNER AND BORROWING FROM THE UNDERLYING GROUNDWATER STORAGE TO GET US BY UNTIL ADDITIONAL SUPPLEMENTAL WATER CAN BE DELIVERED FROM THE STATE WATER PROJECT AND THE CENTRAL VALLEY PROJECT. THE STATE WATER PROJECT IS NOT NOW A COMPLETE PROJECT. IT NEEDS TO BE COMPLETED ASSOON AS POSSIBLE. CONSTRUCTION OF THE PERIPHERAL CANAL IS YEARS BEHIND SCHEDULE AND ITS CONSTRUCTION SHOULD BE STARTED IMMEDIATELY. IF- IT WERE STARTED TODAY, IT PROBABLY COULD NOT BE COMPLETED IN TIME TO AVERT SHORTAGES IN PROJECT YIELD BY THE EARLY OR MID-1980'S, UNLESS WE ARE BLESSED WITH ABOVE-NORMAL RAINFALL AND STREAM- FLOW OVER THE NEXT FIVE YEARS. 2 THE CITY OF BAKERSFIELD ENDORSES IMMEDIATE CONSTRUCTION. OF THE PERIPHERAL'CANAL AND COMPLETION AS SOON'AS' POSSIBLE- OF OTHER FEATURES OF THE STATE I~ATER PROJECT TO DEVELOP THE FULL PROJECT YIELD TO MEET THE COMMITMENTS MADE BY THE STATE TO ITS 3~ WATER SUPPLY CONTRACTORS. THE STATE, AS A VENDOR OF WATER, SHOULD NOT AND CAN NOT DEFAULT ON ITS CONTRACTUAL COMMITMENTS TO ITS CUSTOMERS--THE 31 STATE !~ATER PROJECT CONTRACTORS. FOR THESE REASONS THE. CITY URGES. THE-STATE~ HOPEFULLY WITH THE COOPERATION. OF THE FEDERAL GOVERNMENT,'TO PURSUE WITH DILIGENCE SUCH STUDIES AS THE ENLARGEMENT OF SHASTA RESERVOIR. IF THE STATE CANNOT OR.-WILL NOT GO THE THE EE~'. RIVER FOR THE ADDITIONAL WATER SUPPLIES WHICH IT ORIGINALLY PLANNED ON TO DEVELOP THE FULL YIELD OF THE STATE !'lATER PROJECT, THEN IT IS INCUMBENT UPON THE STATE TO DEVELOP ALTERNATE SOURCES OF WATER SUPPLIES TO COMPLETE THE PROJECT. ON A TIMELY BASIS. FOR THE PAST SEVERAL YEARS THE DEPARTMENT OF ~'IATER RESOURCES HAS BEEN REVIEWING PRIOR STUDIES AND CONDUCTING ADDITIONAL STUDIES OF DELTA WATER NEEDS AND OF THE MEANS OF DEVELOPING THE FULL YIELD OF THE STATE !'lATER PROJECT TO MEET ITS CONTRACTUAL COMMITMENTS. THE DEPARTMENT'S RECENTLY PUBLISHED BULLETIN r.lo. 76 BRIEFLY DESCRIBES THOSE STUDIES. THE CITY OF BAKERSFIELD SUPPORTS THE STUDY OF THE ENLARGEMENT OF SHASTA RESERVOIR AS A POSSIBLE ALTERNATIVE TO ONE OR MORE OF THE tlORTH OF THE DELTA FACILITIES INCLUDED IN BULLETIN 76 OR-AS A POSSIBLE SUPPLEMENT TO THOSE FACILITIES FOR MUCH NEEDED FUTURE WATER SUPPLIES. LET US NOW FOCUS ON ANOTHER ASPECT OF THE WATER SUPPLY PICTURE--GROUNDWATER. OVERDRAFT, THERE IS NOTHING WRONG WITH GROUNDWATER OVERDRAFT IF IT IS CONTROLLED. THE CURRENT OVERDRAFT ON THE' GROUNDWATER RESOURCES-OF KERN COUNTY IS ESTIMATEDTO BE ABOUT 750,000 ACRE-FEET PER YEAR. IF SUFFICIENT SUPPLEMENTAL-WATER IS IMPORTED TO KERN COUNTY THAT OVERDRAFT CAN BE'ARRESTED-BEFORE.IT BECOMES CRITICAL IN THE SENSE OF DOING IRREPARABLE DAMAGE. WE CAN ONLY GUESS AT THIS TIME AT WHAT THE ACCUMULATED OVERDRAFT WOULD BE AT THE TIME IT BECOMES ARRESTED. HOPEFULLY, IT WILL BE AT A POINT WHERE PUMPING LIFTS WILL STILL BE WITHIN ECONOMIC LIMITS AND THERE WILL HAVE BEEN NO SERIOUS ADVERSE EFFECTS SUCH AS LAND SUBSIDENCE AND DEGRADATION OF WATER QUALITY. AT SUCH TIME THAT THE ANNUAL OVERDRAFT IS REDUCED TO CONTROLLABLE LIMITS--AND THIS IS DEPENDENT UPON THE TIMELY IMPORTATION OF SUFFICIENT QUANTITIES OF IMPORTED ~IATER--THE BASIN WOULD THEREAFTER BE OPERATED IN THE RANGE OF GROUND- WATER ELEVATIONS AT THAT TIME. !'IANIFESTLYj THIS MEANS THAT THERE WILL BE A CONSIDERABLE QUANTITY OF DEWATERED GROUND- WATER STORAGE SPACE TO STORE MORE OF THE LOCAL SURFACE WATER RUNOFF AND MORE SURPLUS IMPORTED WATER, IN OTHER WORDSj DEWATERING THE UPPER PORTION OF A LARGE GROUNDWATER BASIN CAN BE A BENEFICIAL USE OF A RESOURCE THAT WOULD NOT OTHER- WISE BE USED. 4 BUT SUCH A GROUNDWATER BASIN OPERATION MUST NOT BE ALLOWED TO GET OUT OF CONTROL, ECONOMICS IS ONE OF THE TOOLS OF CONTROL, BUT WHAT IS ECONOMIC TO SOME IS NOT ECONOMIC TO OTHERS AND THIS MUST BE TAKEN INTO ACCOUNT, LOCAL INTERESTS MAY BE WELL ADVISED TO MAKE STUDIES NOW TO DETERMINE WHAT THE ECONOMIC LIMITS SHOULD BE FOR DEWATERED GROUNDWATER STORAGE SO THAT THEY CAN INSTITUTE THE NECESSARY MEASURES TO PREVENT ADVERSE ECONOMIC EFFECTS OR OTHER ADVERSE IMPACTS ON THE BASIN AND THOSE WHO EXTRACT WATER FROM THE BASIN', "AGREEMENT THIS AGREEMENT iS entered into as' of the' of Marck, 1~79, by and among SOUTHGREEN PARTNERS~ a California limited partnership C'Southgreen"k, J~qES S. CAMP COMPANY, a corporation, MICHAEL D. CUTBIRTH, HUGH K. SILL and ANTON G. CARATAN, individuals residing in California [collectively referred to as "Owners"l and THE CITY OF BAKERSFIELD, located in the State of California ~"City"). Recitals of Fact Owners are presently the owners of Parcel B shown on Parcel Map 4734, City of Bakersfield, State of California ("Parcel B"). Southgreen is the owner of the adjacent parcel, Parcel A shown on said Parcel Map 4734 (~'Parcel A"). Southgreen is in the process of constructing an apartment building on Parcel A. In order to provide for the.necessary water pressure for fire hydrant hook-ups required by City, Southgreen has installed a twelve-inch water pipe running from New Stine Road over Parcel B to Parcel A. Parcel B is presently undeveloped but ~ners. plan to develop it and, at that time, Owners will also be required to meet City's water pressure requirements. The twelve-inch water pipe was installed by Lamont~ Pipe 'Company., Inc.,'.the''subcontractor to ThOmas Coleman,. S~uthgreen's general contractor. Ail work on the construction and installation of the pipe line has been completed. Southgreen granted an easement over parcel A to City, which was accepted by City on ~rch 7, 1~79 'and recorded in the 'Official Records of Kern County on March 14, 1979. Owners granted an easement running across Parcel B from New Stine Road to the boundary of Parcel A to City dated March 7, 1979 and recorded in the Official Records of Kern County on March 14, 1979. Owners also desire access to Parcel A for construction of a block wall on the western boundary of Parcel A. NOW, 'THEREFORE, incqrporating the Recitals of Fact and in consideration of the mutual covenants and agreements contained herein and ~or other valdable.consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree as follows: EASEMENT AGREEMENT. 1. Owners' Covenants. ' 1.01. On the earliest of the dates listed in Section 1.02 below, Owners shall pay'to Southgreen as Owners' s~are of the costs of construction' and installa- tion of the pipe line. 1.02. Payment shall be made by 0%~ners to Southgreen in a lump sum upon the earliest of the following dates-: 1.Q2.1 tke date any building permit is issued to Owners regarding Parcel Be or 1.0.2.2.1 the date of the close of escrow' on tke Sale 'of the fee' interest~n Parcel B, or 1.0.2.3.' December 31, 198R. 1.Q3.' The "costs" agreed to in Section'l.01 have been based on the actual or estimated amounts expended for the following: 1.03.1. .Costs of cbnstruction of a pipe line ditch, 1.03.2. Costs of installation of a twelve- - inch water pipe, and 1.03.3. Costs expended ia effecting this Agreement including, but not limited to, engineering fees, legal fees and recording fees. 1.04. Upon Owners' default in the payment of any sums due hereunder or in performance of any of the condi- tions and covenants of this Agreement, $outhgreen shall have the following remedies: 1.04.1. To secure Owners' performance of this Agreement, the Deed of Trust attached hereto as Exhibit B shall De recorded, creating a lien on Parcel B in favor of $outhgreen. So~tk~reen may pursue any and all remedies granted beneficiary under said .Deed of Trust. e :. ~ 1.04.2. southgreen may pursue any and all other remedies available following judicial or non- Judicial foreclosure of the deed .of trust. 1.0~. Owners ~shall De released.jointly and severally from personal liab±lity upon payment pursuan~ to Section 1.01. herein'. '2. South~reen's Covenants. 2.01. Southgreen shall pay as ~hey become due all costs arising from construction and installation of the water~ pipe and all fees for effecting this Agreement subject' to its right to reimbursement pursuant to Section 1.01. above. 2.02. ~southgreen hereby indemnifies Owners against any and all claims, including liability for mechanics' liens or materialmen's liens, which may attach t0 Parcel B due to the construction and installation of the water pipe line. Southgreen covenants, to aCt promptly to remove any mechanics' liens or materialmen's liens attributable to the construction and installation of the water pipe and to pay all costs and expenses to effect the release of such liens. .. 2.03. Southgreen hereby warrants that the water pipe line installed was installed in accordance with City's ~specificationS for water-pressure and fire hydrant kook- ups for both Parcels A and B, which w&rranty shall be .fully satisfied bY the inspection and certification by · the Director of Public Works as referred to in Section 3.a2. 2.0~4.. Upon Southgreen'.s default in the pAyment.of any sums due hereunder or in performance of any of the conditions 'or' covenants of this-Agreement, Owners may pay such 'sums or perform such 'conditions or covenants and such payment shall not constitute a waiver of any of ~ts rights hereunder. Upon making such 'payment or performing such covenant or condition, Owners may proceed against Southgreen for reimbursement of all sums paid. Owners, in addition, have all remedies provided by law. '3. ~i'ty's Agreements. 3.01. City hereby agrees that the Easements attached hereto as Exhibit A are properly drawn and in conformance with City's ~egulations. 3.02. City here~y agrees to maintain.and repair the water pipe line and appurtenances installed in said easement, commencing one year following completion Of'work and certification thereof by the~Director of Public Works of the City. BLOCK WALL AGREEMENT. 4.. Southgreen's Covenants. 4.01. Southgreen hereby agrees to provide 0wn6rs reasonable access to Parcel A for the construction of a block wall on thewestern boundary of Parcel A ~eparating- Parcel A from Westwood Estates. 5. Owners' Covenants.. 5.Q1. Owners shall commence and complete suck part of the construction of the Block wall as shall require ackess to Parcel A during'the construction on Parcel A presently being undertaken by Thomas Coleman, general contractor for Sout~green. 5.02. Owners shall coordinate any work on the block wall requiring access to Parcel A with Thomas Coleman so as to avoid any unreasonable interference with the Coleman construction. 5.03. Owners, during construction of the block wall, shall not unreasonably interfere with $outhgreen's use of Parcel A. 5.04. Owners shall pay for all costs of construc- tion of the block wall. 5.05. Owners hereby indemnify. Southgreen against any and all claims, including liability for mechanics' liens or materialmen's liens, which may attach to Parcel B or be filed against Southgreen or its general partner due to the construction of the block wall. Owners covenant to act promptly to remove any mechanics' liens or materialmen~s liens attributable to the c6nstru6tion of the block wall and. to pay all costs and expenses to effect the release of such MISCELLANEOUS. ~ 6. Severabilit~, 6. Q1.. A determination'..that 9ny.of the terms, conditions or covenants of this Agreement are invalid or unenforceable shall not affect the validity or enforceability of the remainder of this Agreement and the ~emaining terms, conditions or covenants of this Agreement will be enforced to the fullest extent permitted by law. 7. 'Governing'Law. 7.01. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 8. EffeCtive Date of Agreement. 8.01. This Agreement shall be effective between Southgreen and Owners when the Agreement has.been executed by Southgreen and Owners and the deed of trust, attached hereto as Exhibit B, has been executed, acknowledged and delivered to Southgreen for recordation. City's signature is not required to make tkis Agreement binding upon South- green and'Owners. IN WITNESS WHEREOF, the partias have.executed this Agreement as of the date~ .first above written. $OUTHGREEN: SOUTHGREEN PARTNERS, a California limited partnerskip ~EIM & J~E$, A California limited partnerskip and general partner of SOUTHGREEN pARTNERS ROBERT B. BEIM General Partner of BEIM & J~ES J K. JAM ~eral Parer of' BEIM & JAMES OWNERS: JAMES S. CAMP COMPANY, a corporation MICHEL D. CUTBIRTH ~ G' CA~TAN CITY: CITY OF BAKERSFIELD Exhibit A to Agreement between Southgreen Partners, City of Bakersfield and James S. Camp Company, Michael D. Cutbirth, Hugh K. Sill and Anton G. Caratan is Omitted as said easements have been accepted by the City and recorded in Kern County. ~ADDENDUM TO DEED OF TRUST NOTICE: THIS SUBORDINATION PROVISION .RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR LATER SECURITY INSTRUMENT. Beneficiary h~reby agrees that this deed of trust securing an' Agreement of even date herewith shall be subor- dinated to a loan made to Trustor complying with the following terms and conditions: 1. The maximum interest rate on such loan shall be 18%. 2. ~ The maximum amount of the loan shall be $10,000,000. 3. The term of the loan shall be for not less than one week nor more than five years. 4. The payment schedule shall be such as is customary for construction loans given by banks, savings and loan institutions or life insurance companies qualified to do business in California. 5. The lender shall be a bank or a savings and loan institution or a life insurance company qualified to do business in California. 6. Proceeds from such a loan shall be used for the construction of improvements or payment of land loans ~on said Parcel'B~ FARELLA, BIQAU.[q & MARTEL 235 Montgomer.y Street Sang-FranCisco, CA 94104 AND ,WlqE~ R~CORO£D ~iI. TO ~-Beim & James -- ~. Building 4, Suite 140 300 Sand Hill Road .... Menlo Park, California 94025 '? A~_ttn: Robert B. Beim _ sP^CE ^eove ...$ LInE FOR RECOROZ~'S /ON~ FOR~ D~JD OF TRUST AND ASS~GNM£NT OF TO 1942 CA {8.74) <OPEN END) THIS FORM FURNISHED BY TICOR TITLE INSURERS A.P. N This Deed of Trust, made this day of 1979 ,'between James S. Camp Company, a corporation, Michael D. Cutbirth, Hugh K. Sill and Anton ~. Caratan , herein called TRUSTOR, TITLE INSURANCE AND TRUST COMPANY, a California corporation, herein called TRUSTEE. and Southgreen Partners, a California limited partnership, , herein called BENEFICIARY, Witnesseth: That Trustor IRREVOCABLY GRANTS, TRANSFERS AND ASSIGNS to TRUSTEE IN TRUST, WITH POWER OF SALE, that property in City of Bakersfield, in Kern County, Califomia, described as : Parcel B as shown on Parcel Map 4734, filed with the Kern County Recorder on at Book , Page TOGETHER WITH the rents, issues and profits thereof, SUUJECT, HOWEVER, tO the right, power and authority hereinafter given to and conferred upon Beneficiary to collect and apply such rents, issues and profits. For the Purpose of Securing: of $/.~ ~) an .Agreement 1. Performance of each agreement of Trustor herein contained. 2. Payment of the indebtcdncs/evidenced of even date herewith, and any extension or renewal thereof,~~X~X~XXXXXXXXX-~executed by Trustor ~.~~~~axa~axxa~xx~a~ and Beneficiary. To Protect the Security of This Deed of Trust~ Trus~or Agrees: {n }TC kcc~ !e;d p-ope-fy in g~ndi/ion-~d-xepoi~mnot~emove-or, demolish..ony.buildin9 .thereon;~complete .ot_xe~to~e_ promptly, and info'nde- workmonllke manner ony building which moy be constructed, domoged or destroyed thereon ond to poy when due for Iobor performe~moteriots furnished therefor; to comply with oil lows Directing said property or requlr;ng ony olterotlons or improvements to be mode thereon; ~to commit or permit woste lhereof; not to commit, suffer or permit ony.oct upon sold property in vloloiion of~tow; to irrlgote, fertilize, fum;~[e~ prune ond do oll other octs. whlch from the character or use o~ sold property racy be reoson0bly ~ecessory, the specific enumerofions herein not excluding lhe 9enero]. . (2) To provide, moJntoin on~ deli.vet to Bcneficlory {[re insuronce soHs~oclory to ond wilh Iols poy~b[e to Beneficiory. The omounf co[[ecled under any fire or other ;nsuronce pa[icy racy ~opplled by ~enef[ciory upon any indebtedness secured hereby.ond in such order os Beneficiary moy deler- m~ne, or of option of Benef~ciory the entire ~'o~l so collected or any part thereof racy be released t0 Trustor. Such oppi~cofion or releose sho]) not ~ure or woive ony defoult or nohce of defoult hereun~er-.or ~nvohdote ony cot done pursuant t9 such nohce. (3} To oppeor in ond deienG on~ ociion or proceedi~lportin9 to o{fect the socu'{ity hereo~ or the rights or powers of ~enef;ciory or Trustee; ~nd to poy oll costs ~nd expenses, including cost o~ ewdence of htl~pnd ott~rney s ~ees m o reasonable sum, in ony such oction or proceeding which Beneflclory or Trustee racy oppeor,' ond in ~ny suit brought by B~'neficlory to foreclose this Deed. (4) To poy' at leost ten days before delinquency cfi ~oxei and-o[sessment~ o~fect;ng said property, ;nc~uding assessments on appurte,ant woter stock; when due, all incumbronces charges and liens with ifilete~t on said propert~'~ony port thereof whi¢h appeor 1o be prior or superior hereto; oll costs, fees ond expenses o~ this Trust. ~/' ~..~ Should Trusfor toll to mole any poymen[..orlo do any oct os herein provided, then Bene{ici~ oF Trustee, but without obligalion so to do and without notice to or demand upon Trustiest'nd wHhout releasing Irustor from any obligation he,eof, may:'m~ke or do the s~me in such ~an~er $u~h ~fenl os e;Iher racy deem n~c~lory lo protect the security hereof, Beneficiary or Trustee bein~ authorized-ID, enter upon said properly for such purposes; appear in ond defen~ny acllon or proceeding purporHng lo atfecf the security hereof or the rights or'powers of Beneficiory or Trustee; pay, purchose, conles~p~promlse ony incumbronce, chorge or li~n which in the iudgmenl of either oppears to be pri~o~erior herelo~ and, esercising ony~wers, poy necessary expenses, employ counsel ond pay his reasonoble fees. (S)~ay immedia~e[~ and wilhoul demand ali sums so expended b~ Beneficlar~ or Trustee wilh interest flora dote of expendilure~e amount al~by law ;n effect at the date hereof, ~nd to pay for any statement pray;deal for by J~w in effect at the date hereo; rega~d;ng the ~,~eb~ u.% u,nuu~ d~~e-B~ef~ot-fo~ce~-th~ m~ximu~--~iowed-.by- I~a~ .the- f~m~ wh~ -so;d~slolement ~: ~kt~(} ~ 1..~ fi, ~,' , .~L6~ he-~-c~n¥-ov.,o~d-e L-do rn~ ge ,,-;---, o~n ne, < I h~-w; t h-o a ¥-¢o nd e m n o t ~ ~ fo r - pub I lc - u~e-ot, or-injury-to-said- propert¥- osslgne~ and shall be p~id to Beneficiary who may apply or release such moneys received by him in the some manner and with the..some~as above p~vided for disposition of proceeds of fire or other insurance. (7) That by accepting payment of any sum secured hereby after itt due dote, ~ef[ciac~-daes~ waive h{s right either to require prompt payment when ~e o~ all other s.'ms so secured or lo declare default f~.~.~iJure-soqo-'~y. . ' . ~ ~8) 'That at any time or from time to ti~without~i~t~erefor and w~thout notice, upon written request of BeneNciary and presentation of this Deed and said note fo~de,seme~d without affecting the personal llab;I;ty of any person for paymenl of the indebtedness secured hereby, Trustee m~v~'part of said property; consent to Ihe making of any mop or plat thereof; join in granting any easement thereon; or join ~~s~o~ogreemenL o~-,any~agroement-.subord~t~ng-lhe.~ien~o~<harge-hereo~ (9) That upon written requesl of Beneficiary stating that all sums secured hereby have been pold, and upon surrender of t~is Deed ~~~~~~~~s, Trustee shall reconvey, without warranly, the property then held here- under. The recitals in such reconveyance of any molters or facts shall be conclusive proof of the truthfulness lh~eol. The grantee in such reconvey- once may be described as "the person or persons legally entitled thereto." Five .years a~ter issuance of such full reconveyance, Trustee may destroy said no~eand this Deed (unless directed in such request to retain them). ~ ~Thot ~; ~d;~n~D~us~e~eb~g~nd-~n~ers~enefic~a~y.4he-r~ght~.~we~n~u~h~rity~-during-~h~n~nu~9~.~ these Trusts, to coUect ~he rents, issues and profits of sai~ property, reserving unto Truslor the right, prior to any default b~or-;~o~'~-~.f any indebtedness secured hereby or in performance of any agreement hereunder, to collect ~nd retain such re~ts,_Sssues'-a~'proflts os t~ey become due and payable. Upon any such default; ~eneficiary may at any time~ without noHce, ~ther. Jn~perso'n/~y~'~gent, or by a receiver to be appoln~d by a courl, and without regard to the adequacy of any secu6ty for the i~debtedness-'~eby secured, enter upon and take possession of said property or G~y part thereof, in h~s own nome sue for or ot~w~fle¢[%'~'~-rents, issues and profits, including those past due and unpaid, and apply lhe same, tess costs and expenses of o~qcat;on~nd'~J~tion, indudlng reasonable atlorney's fees, upon any indebtedness secured hereby, and in such order as Benef~c~oy~etermme. The entering upon and taking possession of sa~d properly, the collechon of such rents, ~ssues and profds and the opplica- ~L~fo~so~;~l~o~o~ny-defou~l-o~nolice-oLdefault hereundor or invalldate-any-aO done.pursuonl (11) That upon defaul~ by Trustor in payment of any indebtedness secured hereby or in performance of any agreement hereunder, Beneflc~ary may declare all sums ~ecured hereby immediately due and payable by delivery to Trustee of w6tten declaration of default and demand for sole and of written notice of def~uH and of e(ectlon to cause to be sold sold property, w~ch not~ce Trustee shall cause to be filed for recor~. also shall deposit with Trustee this Deed, said note and all documents evidencing expenditures secured hereby. After the lapse of such time as may then be resulted by law following the recordal;on of said notice of default, and notice of sale having been given as th&n required by law, Trustee, without demand on Trustor, shah seU said property at the time and place fixed by it in seld notice of sale, ei~er~as a whole or in separate parcels, and in such order as it may determine, at public auction to the h~ghest bidder for cash in lawful money of the United States, payable at time of sale. Trustee may postpone sale of all or any portion of said property by public announcement at such time and place of sale, and from time to time thereafter may postpone such sale by public announcement at the time fixed by the preceding postpone- ment. Trustee shall deliver to such purchaser its deed conveying the property so sold, but without any covenant or warranty, express or implied. The recitals in such deed of any matters or fads shah be conclusive proof of the truthfulness thereof. Any person, including Trustor, Trustee, or Beneficiary os herelna~ter defined, may purchase at such sa~e. After deducting all costs, fees and expenses of Trustee and of this Trust, including cost of evidence of title in connection with sale, Trustee shall apply t~e proceeds of sa~e 1o payment of: oh sums expended under the terms hereof, not then repaid, w~th accrued interest at the amount by law in eUect at the date hereof; all other sums then secured hereby; and the remainder, if any, to the person or persons legally entitled thereto. (12) Beneficiary, or any successor in ownership of any indebtedness secured hereby, may from time to time, by instrument in writing, substitute a successor or successors to any Trustee named herein or ffctlng he,under, which instrument, executed by the Beneficiary and duly acknowledged and recorded in the office of the recorder of the county or counties where said proper~y is situated, shall be conclusive proof of proper substitution of such successor Trustee or Trustees, who shall, without conveyance from Ihe Trustee predecessor, succeed to all ils title, estate, rights, powers and dutle~. Said instrument must contain the name of the original Trustor, Trustee and Beneficiary hereunder, the book and page where this Deed recorded and the name and address of the new Trustee. (13) That this Deed applies to, inures to the benefil of, and binds all parties hereto, their heirs, legatees, devisees, adm~nlstrators, executors, successors and assigns. The term Beneficiary shall mean the owner and holder, inch~d~ng pledgees, of the note secured hereby, whether or no[ named as Beneficiary herein. In this Deed, whenever the context so requires, the masculine gender includes the feminine and/or neuter, and the slngu~ar number includes 1he plural. (14) That Trustee accepts this Trust when this Deed, duly executed and acknowledged, is made a public record os provided by law. Trustee.is not obHgaled to notify any party hereto of pending sale under any other Deed of Trust or of any action or proceeding in which Trustor, Beneficiary or Trustee shall be a par~y unless brought by Trustee. The undersigned Trustor requests that a copy of any Notice of Default and of any Notice of Sale hereunder be mailed to him at his address hereinbefore set forth. J~ES S. C~P COMPANY~ co~p- SfgttatttreofTrttstor ~ ~ ~~ ~ . ~ B~ ~~r a c lan Wd~f Sill '  Anto~ ~ 'Cat.tan GLUE/STAPLE APPROPRIATE ACKNOWLEDGEMENT HERE * By accepting and recording this Deed of Trust, Benefiqiary agrees .'to subordinate this Deed of Trust upon the terms and conditions pro- vided in the Addendum hereto. Title Order No._ Escrow or Loan No DO NOT RECORD FOR RECONVEYANCE OR FORECLOSURE SEND tO THE NEAREST OFFICE OF THE TITLE INSURANCE AND TRUST COMPANY ~ ta REQUEST FOR FULL RECONVEYANCE ~ ~ To be used only when note has been paid. ~.-- -4 TO TITLE iNSURANCE AND TRUST COMPANY. TRUSTEE: ~ ~ (~ g' ~__ ~--.~ The undersigned ~s ,he legal ....... d holder of oil indebted .......... d by' the withln Deed of Trust.  All sums secured by said Deed of Trust have been' fully paid and satisfied; and you are hereby rec~uested and ~ .-~ directed, on payment to you of any sums owing to you under the terms of said Deed of Trust, to cancel all eyi- !.~ ~~m% / mm~ .m~ ~ ! ~(:~g <~: d ...... f ,ndebted ........... d by so;d Deed of Trust. dell d ,o you h ith together wlth the sald Deed .... .... of Trust. and to reconvey, wbhout warranty, to the parties designated by the terms of said Deed of Trust, the ~1~ es:ate now held by you under the same. ~ ~ MAIL RECONVEYANCE TO: (By) <.3 .... (By} Do not ;use or destroy this Deed of Trust OR THE NOTE which it secures. Both must be delivered Io the Trustee for conce!lation before reconveyance will be mode. ~~5. MEMORANDUM ...;.~.:..: .; ..._. :..:...:... :. :.Aoril ~0 lqTq .............................. TO ................ ................................................................................................... DOMESTIC WATER ENTERPRISE FROM ............................................................................................................................................................................ MAINLINE EXTENSION AGREEMENTS SUBJECT ...................................................................... ~ ............................................................................................... Enclosed is a sample copy of a Mainline Extension Agreement with Tenneco Realty Development Corporation, plus a table listing the agreement for each tract and the corresponding cost of the water system. These agreements call for a refund of 22~ of each tract's revenue over a 20-year period until the cost of installation is repaid to the developer. JH~H .. BES Encl, tv~IN LINE EE><TF'NSION AGREEMENTS TENNECO RF__ALTY DEVELOPMENT CORPORATION Co'ntr~ct Tract Refund Number Numben: Number by DWE Se~v[ces 78--0I 3883 $4,787.20 8 78-0tA 3884 $2I, 617, ti 62 78-02 PM4II0 $t6, t49.45 2 78-03 3942 $68, ttS. 78 90 78--04 3940 $49,819.32 72 78-05 394I $39,785.60 5t 78-t0 3893 $t3 · 528.6t t3 78--tt 3894 $39,386 · O0 45 78-12 390© $5l, 956.24 72 78- t3 3903 $26: 67.5. t7 '30 78-t4 3944 $I0,574.03 7 78-15 3887 $24,350.69 6 78-].6 3955 $].3,707.07 t2 ].3 a. gr-eements $,380,455.27 470 . ~ ,, ., -~ ': .'.~q.v.--~ qubdivider Installation · ':- ~ ' .;'orm No. 1 ..' , ~ ' Cont:ract 78-16 ';' ii. , -Tr. 3955/AFE 90252 -.~.G R E E M E N T THIS AGREEP~NT, made and entered into this twentieth .' day of. September . , 19 77 , by and between the person or persons listed t.n paragraph 1 hereof, hereinafter collectively referred to as \ "Applic.ant," and CITY OF BA/KERSFIELD, a municipal corporation, here- inafter referred to as !'City." .-W I T N E S S E T H: · WHEREAS, The Applicant is' the develgper of that certain ~ubdiviSion~of real property situate, laying and being in the County of Kern, State of California which is know6 as Tract 3955 in accordance with the.map thereof filed ~n'the Office of the Couity ~ec~rder of said County on"the 22 Day of September 1977 in Volume. 27" ~of Maps at Page 98' and 99 which is hereinafter refer~ed ~.to as the "Subdivision"; and ' WHEREAS, Applicant is now sellin~ or proposes in the near future to sell lots in the Subdivision and/or Parcel Map and to this end desires ~o have water, service available in the Subdivision and/or Parcel Map " .~hrough and by means of mains and appurtenances, and b~ services (in- cluding service pipes, fittings, gates an~ housings thereof, and meter boxes), hereinafter referred to as the "Facilities," to be installed therein substa'ntially as shown on that certain map prepared by Applicant at%ached hereto, marked Exhibit "A" and by this reference made a part hereof; and WtiEREAS, the~installation of the Facilities and-the furnishing of water service by means thereof ake necessary and valuable adjuncts to the sale of 10ts in ~he Subdivision, and will materially increase the value of said lots; and W}IEREAS, upon the terms and conditions herein set forth, Applicant is willing to install'the Facilities, or Cause the same' to be installed, at its own expense, all in accordance with the provisions hereinafter set forth; and WHEREAS, upon the terms and conditions herein set forth, City is willing to acquire the Facilities and is willing to furnish water service 'in the Subdivision and/or Parcel.Map through and by means thereof at the rates and in accordance with the rules of city now in force or that may from time to time be lawfully established. NOW, THEREFORE, for and in consideration of'the premises and of the mutual covenants, agreements, terms and. provisions herein contained, it' is agreed as follows, to wit: 1. Applicant. The names, addresses and descriptions of the person. or persons herein collectively referred to as "Applicant" are as follows:. ~ame Address -~ Description' Tenneco Realty Development Corp.' P, O. Box 9380 ' Bakersfield, CA. 93309 2. ~pplicable Rule. This agreement is entered into pursuant to the requirements and in accordance with the form of agreement and the various applicable provisions of City's Main Extension Rule, hereinafter referred to as the "Rule, in effect and on file.with the City; a copy of the Rule is at~ached hereto, mark. ed Exhibit "B" and by this reference made a part hereof. 'This agreement ~oes not, therefore, require specific authorization 6f said City to carry out its terms and conditions. ~3. Applicant's Deposit'. City'.s cost relative to preparing or reviewing plans, specifications and.cost estimates for the Facilities is'$'. · N/~ . and City's cost in supervising and inspecting install-. ation of the Facilities is $~ None . City hereby acknowledges receipt from Applicant of $i ~10ne , representing the total of 'said costs. Upon completion of..installation of the Facilities, City will connect, or cause to be connected, th~ same'to its existing mains · and submit a statement of th~ cost thereof to Applicant, which sum Applicant agrees to pay promptly to City. The aggregate amount of ~he foregoing costs is hereinafter referred to as Applicant's Deposit. (a) ' Applicant agrees to install the Facilities, or cause the same.to be installed, at its own expense on or before ..September 20, , 19..77. The Facilities shall'be.installed strictly in accordance with the specifications attached hereto, ma~ked Exhibit "C" -and by this ref- erence made a part hereof, and the installation thereof Shall be subject tQ the approval of City in all.respects.. The Facilities 'shall be in- .stalled by Applicant or by a coDtractor, hereinafter referred to as "s~id contractor," 'selected by Applicant. City will perform, or cause to be performed, the ~0rk of connecting the Facilities t~ City's exist- ~ng mains at the points designated on Exhibit "A" hereto. '(b) Installation of the Facilities shall be subject to the · ns~ection and approval of City in all respects. (c) Title to the Facilities shall vest in City in accordance with the provisions of paragraph ~'hereof. (d) Applicant agrees to reimburse city upon demand for the cost to City of all replacements and repairs to the Facilities made necessary within one (1) year from completion of installation thereof by reason of defective materials' or~worP~anship; and such reimbursement shall not be subject to refund hereunder. City's acceptance of the Facilities~as provided in paragraph 6 hereof, shall under no circumstances be deemed to constitute approval of such.materials and workDanship for purposes of'the preceding sentence. . (e) In the event Applicant prior to City's acceptance of the Facilities, as provided in paragraph 6 hereof, shall be unable to determine the size or location of any service (including service pipe, fittings, gates and housings therefor, and meter boxes) required in %he Subdivision and/or Parcel Map, A~plicant, or User, shall deposit with City the cost of such service at the time service is requested, and City shall install, or cause to be installed such service. The amount of any such deposit so made by Applicant or User shall be add- ed to Applicant's Advance Subject to Refund determined pursuant to the provisions of paragraph 9 hereof. 5. .~ndemni~y; Tnsurance. . (a) City shall.not be responsible or Held.liable in any manner whatsoever for any injury or damage which may be done to any ~erson or property in' the course of ins{allation of the faCilities by or on behalf of Applicant or'which may result'from such installation, and Applicant agrees to indemnify City and hold free, safe and harm- ~s"~ of, f-o ..... ...... ~.-~ =~ ..... .... ~ ....... ~. any~n~ =~+~" liak!lity for thec_~_~--~'~.. ~=-_, or injury to, any person and for the loss-of, or damage to, any pro- perry which may arise by'reason of acts done or omitted to-be done in the course of installation of the Facilit'ies.by or on behalf of ApPlicant or which may result from. such installation, and Applicant further agrees to reimburse City upon demand for all costs and expenSes · which City may incur in resisting any claim which may be made against City for any such injury or damage to any person or property. Appli- · 'cant'expressly agrees that the ag-reements contained in this paragraph shall survive the performance of the remainder of this agreement and shall remain in full force and effect notwithstanding such performance. Applicant further agrees that during the period .beginning with the' commencement of construction of t~e Facilities. and terminating upon final acceptance of the same by City, the following insurance will be maintained in full force'and effect by Applicant or said contractor .(if the Facilities are to be installed by said contractor)' without cost or expense to City: '(i) Bodily injury liability insurancd with llmlts of not less thah Three Hundred Thousand Dollars ($300,000) per " person and Five'Hundred Thousand Dollars ($500,000)per occurrence, and (ii) property damage insurance.with a limit of .not less than One Hundred Thousand Dollars ($100,000) per accident, insuring City against any and all liability for the death 6f or injury to any person and for the loss of or damage to any property, respectively, ~ which may arise by reason of ~acts done or omitted to be done in the i course of installation of the Facilities or which may result f~om such .installation, and further insuring City against all costs and expenses incurred by ~ity in resisting any claim which may be made against City for any such injury or damage to any person or property. Each such policy (A) Shall be issued by an insurance company approved in writing by City, which is qualifiea.:, to do and doing business in ~he State of California~ (B) shall name City as an-additional'insured, (O) shall specify that it acts as primary insurance and %hat no in-. surance effected by City shall be called upon to cover a loss under ~he policy ~o procured or caused tO be procured by Applicant, (D) shall provide that the policy shall not he ~ancelled or altered with- Out thirty (30) day~' prior written notice to City and (E) Shall other- wise be 'in form satisfactory to CitY. Each such policy or.a' Certificate .. thereof shall be ~elivered .to City concurrently with e~ecuti°n of this agreement. " (b) An. endorsement or a 6ertificate thereof to the workmen's compensation insurance ~olicy of Applicant.or said contractor (if the Facilities are to be installed by said contractor) providing that the ~nderwriter thereof waives'all ~ight Of subrogation against City by reason of any claim arising out of or connected with installation ~f the Facilities shall be delivered to City concurrently with execution of this agreement. 'Said endorsement shall provide that it shall not .be cancelled or altered without thirty (30) days' prior written notice. to City. · 6. ~itle'to Fa6ilities. Title to each part or portion of the Facilities shall pass to City forthwith as' each such pa~t or portion thereof shall be installed regardless of whether the same shall be installed by Applicant or said contractor and-regardless of whether the same shall be attached'to the balance of City's~system, provided, however, that such passage of title shall under no circumstances be deemed to constitute acceptance by City of tSe Facilities as installed in accordance with said specificat%ons, Exhibit C hereto. Such accep- tance may only be effected by appropriate written notice from City to ~pplicant. Applicant warrants that upon such passage of title, the title ~hall be free and clear of and from any and all liens, charges and encumbrances whatsoever. 7. ,Stre~t-G~ades. If the Facilities are installed in easements or rights-of-way where final grader have not been-established or. in streets whose_ grades have not been brought to ~hose established by 9ublic authority prior to acceptance by City, Applicant,.upon written , notice by. City, shall deposit with City forthwit~ the estimated cost, as determined by City, of' relocating, raising or lowering the Facilities the amount so deposited and the actual cost of relocating, raising or .lowering the Facilities shall be made within ten' (10) ~ays after City has ascertained such actual-cost. The net d~posit representing actual cost shall not be subject to refund. City.will refund the entire de- posit relating to such proposed relocation, raising or 'lowering when appropriate authority determines that such displacements are not re- S. -Appllcant,;'s Bond. .Conc~rrent!y with execution of this agree- ment Applicant shall deliver to City a surety bond in the aggregate amount of $. N/A ._ 'in form satisfactory'to City, issued by a bonding company approved in writing by City which is.qualified to do and doing business in the State of California guaranteeing unto City (a) the performance, by Applicant and said contractor of all the obligations contracted to be performed hereunder, (b) installation of the Facilities in accordance with the provisions hereof, (c) vest- .ing in City of title to the Fac%lities in accordance with the pro-. visions hereof, (d) reimbursement of the cost to City of all replace- ments and repairs to the Facilities made necessary within one (1) year from completion of installation thereof by reason of defective materials or workmanship, and (e) payment in full by Applicant or said contractor of the claims of all persons performing labor upon or furnishing material: or power to be used in the Facilities. 9. Applicant's AdVance Subject to Refund. Applicant agrees that promptly upon completion of installation of the Facilities in accordance with said specifications, Exhibit C hereto, and acceptance of the same. by City, Applicant will, at its own expense, furnish to City a reason- ably detailed statement of the actual construction cost of the Facil- ities, including in said cost, (a) Applicant's Deposit, (.b) the cost, if any, %o Applicant of complying with the insurance requirements of paragraph 5 hereof, and (c) the co~t, if any, to Applicant of the bond xeq~ired by paragraph 8 hereof. The total amount of said actual cost as shown by said statement, or the sum of $ ]3,707.07 (being the ~price quoted.by City to Applicant in City's detailed estimate of the cost of installation of the. Facilities), whichever is-the lesser, shall be'conclusively deemed tD be the actual construction Cost of the Facfl- ities and is herein referred to as AppliCant's Advance Subject to Re- fund. 10. Refund. Provided that Applicant is' not in default hereunder, City agrees to make-refunds hereunder to Applicant or such other party as may be entitled thereto in cash, Without interest, for a period not to exceed twenty (26) years-from the date hereof in annual payments made within forty-five (45) days :of the anniversary of the date hereof. Refunds shall be determined as follows: City shall determine the revenue received by it from customers, including, fire protection agencies, sup- plied by service pipes directly connected to the Facilities; the' refund shall be 22% ~f the revenue so received. The total amount so refunded Shall not exceed ApPlicant's AdvanCe Subject to Refund, without interest. 11. Service fro~ Facilities. The Ficilities were designed to serve · ']·~ customers as shown on Exhibit "A" hereto. If at any time within t~enty (20) years from the date hereof -~0 bona fide customers (defined in Section A. (2)a. of the Rule) are being served from the Facilities, City will so notify Applicant, and at that time will become obligated to pay Applicant in cash any ~alance of Applicant's Advance Subject to Refund which may remain unrefunded at the end of said twenty (20)-year period. Any such balance shall be refunded in five (5i equal annual installments, payable beginning twenty-one (21) years from %he d~te hereof. 12. City's'Right-to Offset. In the event Applicant shali become entitled to a refund under the provisions of paragraphs 7, 10, or 11 of thi~ agreement, City shall have the right at such time to offset. against the amount then,due Applicant hereunder the to~al amount of any indebtedness then due or owing by Applicant to City. 13. Notices. Any notice which it is herein provided may o~ shall ~e given by either party to the other shall be deemed to have been duly given when deposited in the bnited States mail, registered or certified, .postage prepaid and addressed to the party to whom such notice is given at the'following respective addresses: To Applicant': Tenneco Realty Deveiopmen.~ Corp. .. P. 0. Box 9380 Bakersfield, CA 93309 .~. . TO City: 'City Hall ' 1501 T~uxtun Avenue' ~' Bakersfield, CA 93301 ' Either party, by no%ice given as hereinbefore provided, may change the address to which notice shal~ thereafter be addressed..: o · 14. Nature-of. 6bliqa~ions.; Assignment. If more than one person i~ named in Paragraph 1 hereof, the obligations of the persons executing this agreement as Applicant shall be joint and several. Until Applicant shall notify City in writing to the contrary, all refunds hereunder shall Tenneco Realty Development Corp., be paid by City to- P.O. Box 9380, Bakersfield, CA 93209 Attn: Cashier Applicant may assign this Agreement' upon written notice to City.at any time following determination of the amount of Applicant's Advance Subject to Refund. Any~such assignment shall apply only ~o those refunds hereL u~¢~e~ which becor~e due more than thirty (30) days altar the date of receipt by City of suc!t notice of assignment. City..will not make arty single refund payment hereunder to more than one person. 15.. SucceSsors and Assigns. Subject to the provisions of the Preceding paragraph 14, this agreement shall inure to the benefit of and shall bind the respective'hairs, executors,'administra%ors, succes- sors and assigns of the parties hereto. 16... Jurisdiction o~(City. This Agreement, except for refund pro- visions, shall at 'all times be subject ~to such changes or modifications by the City of Bakersfield as said City may from time to time direct in the exercise of its jurisdiction. IN ~ITHNESS WHEREOF, the parties hereto have executed this Agree- ment in duplicate the day and year first-above written. CITY OF BAKERSFIELD WATER BOARD APPROVED AS TO FORM: Chairman' ' C'4tY Attorney '- - Secretary COUNTERS IGNED: ~, Finance Direct°r ~ 'APPLICANT " TENN EGO REALTY O E'VELOPMENT CORP. " By; ~ · -A . ~ x ,'~ 'J ~o ",¢ c. " " .. '.':'· ., + · -: . ~ ; . ~ ,.? i~ ~ ............. ~ ...... ''~,~m~t~9' ........ ~f~' ENNECO REALTY DEVELOPMENT ~~ , . ' ·· .:::. · ..~. ~A~,,, eY: ,, R ~ARCI~ ...... .,, . ..... :..... ,T~ C~ C 0 R P. " C~EC~ED BY: - " -.-:, . ". ........ ' :'- · DATE: AUG. 1977 ' . 9 WATER '~' '" -' ......... "- ''" .... - t. , I r~CT ~ 55 . cONszRU~ION _S~L~.~_F= ~0:,. ,...- ,, , . .................. ~ ?'... . ._FJ~ mO, ~'~ .... '. .' 'x -' ~' G. ~ ~ ~ i . CITY OF BAKERSFIELD -EXHIBIT B MAIN EXTENSION RULE MAIN EXTENSIONS. A. General Provisions and Definitions. (1) Applicability. a. All extensions of distribution mains, from the City's basic production and transmission system or existing distribution system, to serve new customers, except for those specifically excluded below, shall be made under the provisions of this rule unless specific authority is first obtained from the City to deviate therefrom. A main extension contract shall be executed by the City and the applicant or applicants for the main extension before the City commences construction work on said extensions or, if constructed by applicant or applicants, before the facilities comprising the main extension are transferred to the City. b.Extensions solely for fire hydrant, private fire protection, resale, temporary, standby, or supplemental service shall not be made under this rule. c. The City may, but will not be required to, make extensions under this rule in easements or right-of-way where final grades have not been established, or where street,grades have not been brought to those established by public authority. If extensions are made when grades have not been established and there is a reasonable probability that the existing grade will be changed, the City shall require that the applicant or applicants for the main extension deposit, at the time of execution of the main extension agreement, the estimated net cost of relocating, raising or lowering facilities upon establishment of final grades. Adjustment of any difference between the amount so deposited and the actual cost of relocating, raising or lowering facilities shall be made . within ten.(10) days after the City has ascertained such actual cost. The net deposit representing actual cost is not-subject to refund. The entire deposit related to the proposed relocation, raising or lowering shall be refunded when such displacements are determined by proper authority to not be required. (2) Definitions. a. A "bona fide customer;" for-the purposes of this rule, shall be a customer (excluding any customer formerly served at the same location) who has given satisfactory evidence that service will be r§asonably permanent to the property which has been improved with a building of permanent nature, and to which service has commenced. The provision of service to a real estate developer or builder, during the'construction or development period, shall not establish him as a bona fide customer. b. A "real estate developer" or "builder", for the purposes of this rule, shall include any individual, association of individuals, partnership, or corporation that divides a parcel of land into two or more portions. c. The "adjusted construction cost," for the purposes of this rule, shall be reasonable and shall not exceed the costs recorded in' conformity with generally accepted water utility accounting practices, and as specifically defined in the Uniform System of Accounts for Water Utilities prescribed by the Public Utilities Commission, of installing facilities of adequate capacity for the service requested. If the City, at its option, should install facilities with a larger capacity or resulting in a greater footage of extension than required for the service requested, the "adjusted construction cost," for the purposes of this rule, shall be determined by the application of an adjustment factor to actual construction cost of facilities installed. This factor shall be the ratio of estimated cost of required facilities to estimated cost of actual facilities installed. (3) Ownership, Design and Construction of Facilities. a. Any facilities installed hereunder shall be the sole property of the City. b. The size, type, quality of materials, and their location shall be specified by the City; and the actual construction shall be done by the City or by a constructing agency acceptable to it. c. Where the property of an applicant is located adjacent to a right-of-way, exceeding 70 feet in width, for a street, highway, or other public purpose, regardless of the width of the traveled way or pavement; or a freeway, waterway, or railroad right-of-way, the City may elect to install a main extension on the same side thereof as the property of the applicant, and the estimated and adjusted construction costs in such case shall be based upon such an extension. d. When an extension must comply with an ordinance, regulation, or specification of a public authority, the estimated and adjusted construction costs of said extension shall be based upon the facilities required to comply therewith. (4) Estimates, Plans and Specifications. a. Upon request by a potential applicant for a main extension, the City shall prepare a preliminary sketch and rough estimates of the cost of installation to be advanced by said applicant. b. Any applicant for a main 'extension requesting the City to prepare detailed plans, specifications and cost estimates shall be required to deposit with the City an amount equal to the estimated cost of preparation of such material. The City shall, upon request, make available within forty-five (45) days after receipt of the deposit CITY OF BAKERSFIELD, ~ MAIN EXTENSION RULE MAIN EXTENS!ONS, General Provisions and Definitions. (1) ApplicabilitY/. a. All extensions of distribution mains, from the City's basic production and transmission system or existing distribution system, to serve new customers, except for those specifically excluded below, shall be made under the provisions of this rule unless specific authority is first obtained from the City.to deviate therefrom. A main extension contract shall be executed by the City and the applicant or applicants for the main extension before the City commences construction work on said extensions or, if constructed by applicant or applicants, before the facilities comprising the main extension are transferred to the City. b. Extensions solely for fire hydrant, private fire protection, resalel temporary, standby, or supplemental service shall not be made under this rule. c. The City may, but will not be required to, make extensions under this rule in easements or right-of-way where final grades have not been established, or where street grades' have not been brought to those established by public authority. If extensions are made when grades have not been established and there is a reasonable probability that the existing grade will be changed, the City shall require that the ~pplicant or applicants for the main extension deposit, at the time of execution of the main extension agreement, the estimated net cost of relocating, raising or lowering facilities upon establishment of final grades. Adjustment of any difference between the amount so deposited and the actual cost of relocating, raising or lowering facilities shall be made within ten (10) days after the City has ascertained such actual cost. The net deposit representing actual cost is not subject to refund. The entire deposit related to the proposed relocation, raising or lowering shall be refunded when such displacements are determined by proper authority to not be required. (2) Definitions. a. A "bona fide customer," for the purposes of this rule, shall be a customer (excluding any customer formerly served at the same location) who has given satisfactory evidence that service will be r§asonably permanent to the property which has been improved with a building of permanent nature, and to which service has commenced. The provision of service to a real estate developer or builder, during the construction or development period, shall not establish him as a bona fide customer. b. A "real estate developer" or "builder", for the purposes of this rule, shall' include any individu'al, association of individuals, partnership, or corporation that divides a parcel of land into two or more portions. c. The "adjusted construction cost," for the purposes of this rule, shall be reasonable and shall not.exceed the costs recorded in conformity with generally accepted water utility accounting practices, and as specifically defined in the Uniform System of Accounts for Water Utilities prescribed by the Public Utilities Commission, of installing facilities of adequate capacity for the service requested. If the City, at its option, should install facilities with a larger capacity or resulting in a greater footage of extension than required for the service requested, the "adjusted construction cost," for the purposes of this rule, shall be determined by the application of an adjustment factor to actual construction cost of facilities installed. This factor shall be the ratio of estimated cost of required facilities to estimated cost of actual facilities installed. (3) Ownership, Design and Construction of Facilities. a. Any facilities installed hereunder shall be the sole property of the City. b. The size, type, quality of materials, and their location shall be specified by the City; and the actual construction shall be done by the City or by a constructing agency acceptable to it. c. Where the property of an applicant is located adjacent to a right-of-way, exceeding 70 feet in width, for a street, highway, or other public purpose, regardless of the width of the traveled way or pavement; or a freeway, waterway, or railroad right-of-way, the City may elect to install a main extension on the same side thereof as the property of the applicant; and the estimated and adjusted construction costs in such case shall be based upon such an extension. · . d. When an extension must comply with an Ordinance, regulation, or specification of a public authority, the estimated and adjusted construction costs of. said extension shall be based upon the facilities required to comply therewith. (4) Estimates, Plans and Specifications. a. Upon request by a potential applicant for a main extension, the City shall prepare a pretiminary sketch and rough estimates of the cost of installation to be advanced by said applicant. b. Any applicant for a main extension requesting the City to prepare detailed plans, 'specifications and cost estimates shall be required to deposit with the City an amount equal to the estimated cost of preparation of such material. The City shall, upon request, make available within forty-five (45) days after' receipt of the deposit referred to above, such plans, specifications and cost estimates of the proposed main,extens~en. If th~ extension is to include oversizing of facilities to be done at the City's expense, appropriate details shall be set forth in the plans, specifications and cost estimates. c. ~n the event a main extension contract with the City is executed within 180 days after the City furnished the detailed plans and specifications, the deposit shall become a part of the advance, and shall be refMnde~l in accordance with the terms of the main extension contract. If such contract is not so executed, the deposit t¢ cover the cost of preparing plans, specifications and cost estimates shall be forfeited by the applicant for the main extension and the amount of the forfeited deposit shall be credited to the account or accounts to which the expense of preparing said material was charged. d. When detailed plans, specifications and cost estimates are requested, the applicant for a main extension shall furnish a map to a suitable scale showing the street and lot layouts and, when requested by the City, contours or other indication of the relative elevation of the various parts of the area to be developed. I.f changes are made subsequent to the presentation of this map by the applicant, and these changes require additional expense in revising plans, specifications and cost estimated, this additional expense shall be borne by the applicant, not subject to refund, and the additional expense thus recovered shall be credited to the account or accounts to which the additional expense was charged. (5) Timing and Adjustment of Advances. a. Unless the applicant for the main extension elects to arrange for the installation of the extension himself, the full amount of the required advance or an acceptable surety bond must be provided to the City at the time of execution of the main extension agreement. b. If the applicant for a main extension posts a surety bond in lieu of cash, such surety bond must be replaced with cash not less than ten (10) calendar days before construction is to commence; provided, however, that if special facilities are required primarily for the service requested, the applicant for the extension may be required to deposit sufficient cash to cover the cost of such special facilities before they are ordered by the City. c. An applicant for a main extension who advances funds shall be provided with a statement of actual construction cost and adjusted construction cost showing in reasonable detail the costs incurred for material, labor, any other direct and indirect costs, overheads, and total costs; dr unit costs; or contract costs, whichever are appropriate. d. Said statement shall be submitted within sixty (60) days after the actual construction costs of the installation have been ascertained by the City. In the event that the actual construction costs for the entire installation shall not have been determined within 120 days after completion of construction work, a preliminary determination of actual and adjusted' construction costs shall be submitted, based upon the best available information at that time. e. Any differences between the adjusted construction costs and the amount advanced shall be shown as a revision of the amount of advance and shall be payable within thirty (30) days of date of submission of statement. '(6) Assignment of Main Extension Contracts. Any contract entered into under Section B of this rule, or under similar provisions of former rules, may be assigned, after settlement of adjusted construction costs, after'written notice to the City by the holder of said contract as shown by the City's records. Such assignment shall apply only to those refunds which become due more than thirty (30) days after the date of receipt by the City of the notice of assignment. The City shall not be required to make any one refund payment under such contract to more than a single assignee. B. Extensions to Serve Subdivisions, Tracts, Housing Projects, Industrial Developments or Organized Commercial Districts. (1) Advances. a. Unless the procedure outlined in Section B.l.c is followed, an applicant for a main extension to serve a new subdivision, tract, housing project, industrial development or organized commercial district shall be required to advance to the City, before construction is commenced, the estimated reasonable cost of the extension to be actually installed, from the nearest City facility at least equal in size or capacity to the main required to serve both the new customers and a reasonable estimate of the potential customers who might be served directly from the main extension without additional extension. The costs of the extension shall include necessary service stubs or service pipes, fittings, gates and housing therefor, and meter boxes, but shall not include meters. To this shall be added the cost of fire hydrants when requested by the applicant for the main extension or required by public authority, whenever such hydrants are to become the property of the City. b. If special facilities consisting of items not covered by Section B. 1.a. are required for the service requested and, when such facilities to be installed will supply both the main extension and other parts of the City's system, at least 50 percent of the design capacity (in gallons, gpm, or other appropriate units) is required to supply the main extension, the cost of such special facilities may be included in the advance, subject to refund, as hereinafter provided, along with refunds of the advance of the cost of the extension facilities described in Section B. 1.a. I~ lieu of providing the advances in accordance with Section B.l.a. and B.l.b., the applicant for a main extension shall be permitted., if qualified in the judgment of the City, to construct and install the facilities himself, or arrange for their installation pursuant to competitive bidding procedures initiated by him and limited to ~'qualified bidders. The cost, including the cost of inspection and supervision by the City, shall be paid directly by applicant. The applicant shall provide the City with a statement of actual construction cost in reasonable detail. The amount to be treated as advance subject to refund shall be the lesser of (1) the acutal cost or (2) the price quoted' in the City's detailed cost estimate. The installation shall be in accordance with the plans and specificatio/~s submitted by the City pursuant to Section A.5.b. (2) Refunds. a. The amount advanced under Sections B. 1.a., B.1 .b. and B. 1.c. shall be subject to refund by the City, in cash, without interest, to the party or parties entitled thereto as set forth in the following two paragraphs. The total amount so refunded shall not exceed the total of the amount advanced. Except as hereinafter provided, the refunds shall be made in annual, semi-annual or quarterly payments, at the election of the City, and for a period not to exceed twenty (20) years after the date of the contract. b. Whenever costs of main extensions have been advanced pursuant to Sections B.l.a. or B.l.c., the City shall determine the revenue received from customers, including fire protection agencies, supplied by service pipes connected directly to the extension for which the cost was advanced. The refund shall be 22 percent of the revenue so received. c. Whenever costs of special facilities have been advanced pursuant to Sections B.l.b. or B.1 .c., the amount so advanced shall be divided by the number of lots to be served by the special facilities. This advance per lot shall be refunded for each lot on which one or more bona fide customers are served by those facilities. d. With respect to a contract entered into on and after the effective date of this rule, if, at any time during the 20- year refund period specified in B.2.a., 80 percent of the'bona fide customers for which the extension or special facilities were designed are being served therefrom, the City shall immediately notify the contract holder of that fact, and at that time shall become obligated to pay, in cash, any balance which may remain unrefunded at the end of said 20-year period. Such balance shall be refunded in five equal annual installments, payable beginning 21 years after the date of the contract. e. Where a contract has been entered into under a former main extension rule, and where 80 percent of the bona fide customers for which the extension or special facilities were designed are being served therefrom, the City ma,~ negotiate and enter into a new and substitute contract, identical in all respects with the original contract, including the original termination date, except that said substitute contract shall include the following provisions: "Notwithstanding any other provisions hereof, any unrefunded balance remaining at the termination date of this contract shall be paid in five equal annual installments beginning one year after said termination date." (3) Termination of Main Extension Contracts. Any contract with refunds based upon percentage of revenues and entered into under Section B of this rule, or under similar provisions of former rules, may be purchased by the City and terminated, provided the payment is not in excess of the estimated revenue refund multiplied by the termination factor in the following table, the terms are otherwise mutually agreed to by the parties or their assignees and Section B.3.b. and Section B.3.c. hereof are complied with. The estimated revenue refund is the amount that would otherwise be refunded, at the current level of refunds, over the remainder of the 20-year contract period, or shorter period that would be required to extinguish the total refund obligation. It shall be determined by multiplying 22 percent of the average annual revenue per service for the immediately preceding calendar year by the number of bona fide customers at the proposed termination date, times the number of years or fractions thereof to the end of the 20-year contract period or shorter period that would be required to refund the remaining contract balance. Termination Factor Years Years Remaining Factor Remaining Factor 1 .8929 11 .5398 2 .8450 12 .5162 3 .8006 13 .4941 4 .7593 14 .4734 5 .7210 15 .4541 6 .6852 16 .4359 7 .6520 17 .4188 8 .6210 18 .4028 9 .5920 19 .3877 10 .5650 C. Extensions Designed to Include Fire Protection. (1) The cost of distribution mains designed to meet the fire flow requirements of the City to be advan .ccd by t,he applicant. The City shall refund this advance as provided in Section B.2. of this rule. (2) Should distribution mains be designed to meet fire fl0w requirements in excess of those set forth by the .City, 'the increase !n cost of the distribution mains necessary to meet such higher fire flow requirements shall be pa'id to th8 City as a contribution in aid of construction. (3) The cost, allocated as appropriate, of facilities other than distribution mains required to provide supply, pressure, or storage primarily for fire protection purposes shall be paid to the City as a contribution in aid of construction. *1 · CITY OF BAKERSFIELD SPECIFICATIONS FOR*WATER MAIN EXTENSIONS ~.",*'*!:::~ C I, EXCAVATION, TRENCHING AND BACKFILLING FOR WATER LINES A. SCOPE This section covers the furnishing of labor and equipment for excavation, trenching, backfilling and all other earthwork operations required to complete the installation of water lines and appurtenances, as indicated on the dra.wings and herein specified. B. EXCAVATION AND TRENCHING a. General. Excavation. and trenching shall include the removal of all water and all materials ~r obstructions of any nature that interfere with the execution of the work. Unless otherwise indicated on the drawings, excavation for the construction of pipe lines shall be open trench. Sides of trenches shall be as nearly vertical as practicable. The Contractor may use tunneling where open trench excavation is indicated on the drawings, only after written permission has been obtained from the Engineer. b. Width of Trench. The width of trench for all pipe shall provide a minimum of 6 inches clear between the outer surface of the pipe and the side of the excavation, except pipe'6 inches or smaller in diameter sha!l have a minimum trench width of 18 inches. c. Depth of Trench. The trench shall be of sufficient depth to provide for an earth cover of one foot over temporary transmission lines. Depth of cover for permanent transmission lines shall be as indicated on the drawings, but not !ess than 3 feet. d. Trench Bottom. The trench shall be excavated to a flat bottom, cut true and even to the indicated grade. Where rock or other hard substances are present on the trench bottom they shall be removed to a depth of 6 inches deeper than the indicated trench bottom and refilled with well-tamped granular earth, fine gravel or coarse sand. Any uneven areas in the trench bottom shall be shaved off or filled in with well-tamped material as specified. Recheck after filling. Whenever wet or otherwise unstable soil that is incapable of proped~ supporting the pipe, as determined by the Engineer, is encountered in the bottom of the trench, such soil shall be removed to the depth required and the trench backfilled to the proper grade with suitable material as specified.. C. TUNNELING When tunneling is permitted, the Contractor shall obtain written approval from the Engineer of the proposed method of support and backfill of the tunnel. Clearances around the pipe shall be such that backfill can be adequately compacted by means that will assure a compaction equal to the undisturbed contiguous material. The Contractor shall be responsible for the adequacy of the tunnel supports, for any ground subsidence resulting from tunneling operations, and for the method of excavation and control of water. Should the exca~,ation result in any voids outside . the permanent tunnel support, such voids shall be immediately filled with a 1 to 5 cement and sand grout forced in under pressure, or by another method approved by the Engineer. ! D. BRACING EXCAVATION Excavation shall be supported in conformance with the rules, orders, and regulations of the Industrial Accident _~ Commission and the Public Utilities Commission, of the State of California. Sheet piling and other timbers shall be .. drawn in a manner that will prevent caving of the walls of the excavation or other Icad on the pipe or conduit. E. CONTROL OF WATER The trench and other excavation shall be kept entirely free of water while pipe is being placed and until the joints have been made and approved. The Contractor shall have on hand at all times sufficient pumping equipment to provide for ordinary emergencies. Water shall be disposed of in such a manner as will not cause injury t0 publi.c or private property, nor.create a public nuisance. F. BACKFILLING a. General. Materials for backfilling shall be approved granular material obtained from the excavation, unless imported material is provided for elsewhere in the contract documents. No material of a perishable, spongy or otherwise un~table nature shall be used as backfill. Sheeting and shoring shall be completely withdrawn unless permission has been obtained from the Engineer to leave certain portions in place. b. Trench Backfill. Backfilling of pipe trenches sha.!l commence immediately after the pipe joints have been approved to preclude damage to the installed pipe, backfill around pipe shall be carefully placed so as not to displace or damage the pipe, and shall be carried up symmetrically on each side of the pipe to one foot above the top of the pipe. The material for this purpose shall be sand or selected granular material that is free from rocks and lumps. The material shall be carefully compacted under and around the pipe. The remaining trench depth shall be backfilled to the surface of the subgrade with approved granular material that is free from rocks and lumps exceeding 3 inches in any dimension. Material shall be placed in separate layers of approximately 8 inches loose depth and each layer shall be thoroughly compacted to 90 percent of maximum density. CITY OF BAKERSFIELD ~ ~ SPECIFICATIONS FOR WATER MAIN EXTENSIONS ~ EX(~AVATION, TRENCHING AND BACKFILLING FOR WATER LINES A. SCOPE This section covers the furnishing of labor and equipment for excavation, trenching, backfilling and all other earthwork operations required to complete the installation of water lines and appurtenances, as indicated on the drawings and herein specified. B. EXCAVATION AND TRENCHING a. General. Excavation and trenching shall include the removal of all water and all materials or obstructions of any. nature that interfere with the execution of the work. Unless otherwise indicated on the drawings, excavation for the construction of pipe lines shall be open trench. Sides of trenches shall be as nearly vertical as practicable. The Contractor may use tunneling where open trench excavation is indicated on the drawings, only after written permission has been obtained from the Engineer. b. Width of Trench. The width of trench for all pipe shall provide a minimum of 6 inches clear between the outer surface of the pipe and the side of the excavation, except pipe 6 inches or smaller in diameter shall have a minimum trench width of 18 inches. c. Depth of Trench. The trench shall be of sufficient depth to provide for an earth cover of one foot over temporary transmission lines. Depth of cover for permanent transmission lines shall be as indicated on the drawings, but not less than 3 feet. d. Trench Bottom. The trench shall be excavated to a flat bottom, cut true and even to the indicated grade. Where rock or other hard substances are present on the trench bottom they shall be removed to a depth of 6 inches deeper than the indicated trench bottom and refilled with well-tamped granular earth, fine gravel or coarse sand. Any uneven areas in the trench bottom shall be shaved off or filled in with well-tamped material as specified. Recheck after filling. Whenever wet or otherwise unstable soil that is incapable of properh) supporting the pipe, as determined by the Engineer, is encountered in the bottom of the trench, such soil shall be removed to the depth required and the trench backfilled to the proper grade with suitable material as specified. C. TUNNELING When tunneling is permitted, the Contractor shall obtain written approval from the Engineer of the proposed method of support and backfill of the tunnel. Clearances around the pipe shall be such that backfill can be adequately compacted by means that will assure a compaction equal to the undisturbed contiguous material. The Contractor shall be responsible for the adequacy of the tunnel supports, for any ground subsidence resulting from tunneling operations, and for the method of excavation and control of water. Should the excavation result in any voids outside the permanent tunnel support, such voids shall be immediately filled with a 1 to 5 cement and sand grout forced in under pressure, or by another method approved by the Engineer. D. BRACING EXCAVATION Excavation shall be supported in conformance with the rules, orders, and regulations of the Industrial Accident Commission and the Public Utilities Commission, of the State of California. Sheet piling and other timber.s shall be drawn in a manner that will prevent caving of the walls of the excavation or other Icad on the pipe or conduit. E. CONTROL OF WATER The trench and other excavation shall be kept entirely free of water while pipe is being placed and until the joints have been made and approved. The Contractor shall have on hand at all times sufficient pumping equipment to provide for ordinary emergencies. Water shall be disposed of in such a manner as will not cause injury to public or private property, nor create a public nuisance. F. BACKFILLING a. General. Materials for backfilling shall be approved granular material obtained from the excavation, unless imported material is provided for elsewhere in the contract documents. No material of a perishable, spongy or otherwise unstable nature shall be used as backfill. Sheeting and shoring shall be completely withdrawn unless permission has been obtained from the Engineer to leave certain portions in place. b. Trench Backfill. Backfilling of pipe trenches shall commence immediately after the pipe joints have been approved to preclude damage to the installed pipe, backfill around pipe shall be carefully placed so as not to displace or damage the pipe, and shall be carried up symmetrically on each side of the pipe to one foot above the top of the pipe. The material for this purpose shall be sand or selected granular material that is free from rocks and lumps. The material shall be carefully compacted under and around the pipe. The remaining trench depth shalt be backfilled to the surface of the subgrade with approved granular material that is free from rocks and lumps exceeding 3 inches in any dimension. Material shall be placed in separate layers of approximately 8 inches loose depth and each layer shall be thoroughly compacted to 90 percent of maximum density. c. Tunnel Backfill. Continuous tunnels shall be completely backfilled as soon as the water pipe is'laid and'the joint material has properly set. Air-blown methods may be used for backfilling provided proper compaction of the material is obtained, in the opinion of the Engineer. Otherwise, backfill material shall be placed and ¢-~oroug~-ay rammed with approved pneumatic and/or hand tools until the necessary compaction has been ob, rained. either case, the backfill at ends of tunnel shall be sealed with a mixture of sand and portland cement, 4 inches, or greater in thickness. G. COMPACTION The relative compaction of all backfill will be determined by Method A (5 layer method) as set forth in ASTM Designation D 1557. Compaction shall be accomplished by a combination of tampers, rollers and heavy construction equipment acceptable to the Engineer. Hand tampers, if used, shall weigh not less than 50 pounds and shall have a face area of not more than 100 square inches. Mechanical tampers shall be of approved standard manufacture. II, MATERIALS FOR WATER LINE CONSTRUCTION A. SCOPE This section covers water line materials which shall be furnished by the contractor, and shall include all incidental materials noted on the drawings and necessary for the proper installation of the water line systems, except for such materials as are specified to be Owner-furnished in the SPECIAL CONDITIONS. B. ASBESTOS-CEMENT PIPE AND FITTINGS a. Pipe and sleeves shall conform to AWWA Specification C 400, Class 150, unless otherwise noted on the drawings. Class 150, 3-inch pipe will be acceptable. Each standard, random, or short length of pipe and asbestos-cement sleeve shall be tested as specified in AWWA Specification C 400. Evidence that pipe and sleeves have successfully passed said test shall be submitted to the Engineer if requested. b. Rubber Ring Couplings shall be "Fluid-Tite" as manufactured by Keasbey & Mattison Company or "Ring-Tite" as manufactured by Johns-Manville Company, or equal. c. Specials and fittings shall be cast-iron conforming to AWWA Specification C 100, Class D, except that fittings shall have all bell connections of standard AWWA dimensions or special dimensions as required, or fittings shall be equipped with adapters of the proper class for the size of pipe, as recommended by the pipe manufacturer, or equal. C. STEEL PIPE AND FITTINGS a. PIPE shall be black steel conforming to AWWA Specification C-202, and shall have a wall thickness at least equal to the requirements called for in General Order No. 103 of the Public Utilities Commission, State of California. (1) Temporary transmission pipe shall be double dipped with asphalt and wrapped with asbestos felt or fiberglass in conformance with Appendix B of said General Order No. 103 (2) Permanent transmission pipe shall be lined and coated with cement mortar in accordance with Federal Specification WW-P-00385. (3) Small size pipe for blowoff piping and similar uses shall be galvanized steel conforming to ASTM Designation A-120. b. Specials and fittings for pipes 4 inches and larger in diameter shall be of the same material and thickness as the pipe. Specials and fittings shall be made of standard steel tube turns with ends to accommodate the type of coupling specified for the pipe. Fittings shall be lined, coated and wrapped as specified for the pipe. Specials and fittings that cannot be mechanically lined, coated and wrapped, shall be lined, coated and wrapped by hand, using the same materials as specified for the pipe, with the same number of applications of each material, carefully and smoothly applied. Cast-iron specials and fittings conforming to these specifications may be used with transition fittings or adapters. c. Steel welding fittings shall conform to the requirements of ASTM Designation A 234. d. STEEL PIPE FLANGES shall conform to the requirements of AWWA Specification C 207. e. Bolts. Material for bolts shall conform to the requirements for open hearth, free cutting grade bar steel, ASTM Designation: A 107. Bolts shall have a minimum tensile strength of 60,000 psi. Bolt heads shall be either square or hexagon' and nuts shall be cold pressured semi-finished hexagon. f. Gaskets. Flanged joints shall be provided with 1/16th-inch thick gaskets, Cranite, or equal. D. VlCTAULIC COUPLINGS When Victaulic couplings are indicated on the drawings, Style 77 Victaulic couplings, or an approved equal, shall be furnished. The victaulic coupling shall be designed for 150 psi, working pressure. E. SLEEVE-TYPE COUPLINGS Sleeve-type couplings shall be Style 38 Dresser or Smith-Blair adapter couplings, or approved equal, and shall be of steel with steel bolts, without centering ring, and shall be in sizes to fit the pipe and fittings shown on the drawings. The middle ring shall be not less than f/4 of an inch in thickness. '' ~. 'VALVE'S a. Gate valves shall be designed for a minimum waterworking pressure of 150 pounds per square inch. Valves · ~ shall have bell or spigot ends, or screwed, flanged, or ring-rite joints as required for the piping in which they are i~stalled. Gate valv.es shall have a clear waterway equal to the full nominal diameter of the valve, and shall be ~ ~ opened by turning counter clockwise. The operating nut or wheel shall have an arrow cast in the metal, ~-. ~ indicating the direction of opening. Each valve shall have the maker's initials, pressure rating and year of manufacture cast on the body. Prior to shipment from the factory, each valve shall be tested at a hydraulic pressure equal to twice the specified water working pressure. (1) Valves 2-inches and larger shall be iron-body, bronze-mounted and shall conform to the requirements of AWWA C-500. (2) Valves smaller than 2-inches shall conform to the requirements of Federal Specification WW-V-54. b. Vacuum relief valves shall be equal to No. 31 automatic diaphragm valve as manufactured by CLA-VAL CO., Newport Beach, California, or equal. G. FIRE HYDRANTS Fire hydrants shall be No. A-24009, complete with proper length bury, as manufactured by Mueller Co., except where Angle Fire Plug is shown it shall be No. J-344 as manufactured by Jones Co. Hose threads shall be National Standard Hose Threads. H. VALVE BOXES Valve boxes behind sidewalk may be of 6" AC Pipe or shall be of standard manufacture approved by the Engineer, All welds and cut edges shall be ground smooth and clearance between matching edges shall be uniform. Cover shall be cast-iron and shall have the word "Water" cast on the top. Valve boxes shall be asphalt dip coated. In areas subject to traffic, boxes shall include a Class "B" concrete pad as shown on the drawings. I. SERVICE CONNECTIONS Service Connections shall be installed to each and every parcel of required size to meet the volume required by type of business but will be 3~-inch or larger. III. INSTALLATION OF ASBESTOS-CEMENT PIPE A. SCOPE This section covers the installation of asbestos-cement pipe with couplir~gs and cast-iron fittings as shown on the drawings and herein specified. Pipe, couplings, fittings and other materials shall be as specified in the section MATERIALS FOR WATER LINE CONSTRUCTION, unless otherwise noted on the drawings or in the SPECIAL CONDITIONS. B. LAYING PIPE a. Before installation the pipe and couplings shall be inspected for defects prior to lowering into the trench. Cast- iron fittings shall be inspected for defects and while suspended above grade shall be rung with a light hammer to detect cracks. The defective materials shall be promptly replaced by the Contractor with acceptable new materials meeting the requirements of these specifications. b. Suitable implements, tools and equipment satisfactory to the Engineer shall be provided and used by the Contractor for the safe and convenient prosecution of the work. All pipe, fittings, valves and hydrants shall be carefully lowered into the trench piece by piece by means of a derrick or other suitable equipment. Slings or ropes shall support the pipe and fittings during lowering in such a manner as to prevent damage to water main materials. Under no circumstances shall pipe or accessories be dropped or dumped into the trenches. c. Every precaution shall be taken to prevent foreign material from enterir~g the pipe while it is being installed. If the pipe-laying crew cannot put the pipe into the trench and in place without getting earth into it, the Engineer may require that before lowering the pipe into the trench, a heavy, tightly woven c~,nvas bag of correct size shall be placed over each end and left there until the connection is ready to be made to adjacent pipe. During laying operations no debris, tools, clothing or materials shall be placed in the pipe. d. Prior to installation of the pipe the trench bottom shall be shaped to grade as specified in the EXCAVATION, TRENCHING, AND BACKFILLING section. The trench shall be smooth so as to give bearing to the complete length of pipe except at the couplings, where the trench bottom shall be excavated two (2) inches below the bottom of couplings so that the pipe is not supported by the couplings. Templates, the length of the pipe, may be used in order to trim the trench bottom to the proper grade. e. Cement-asbestos pipe joints shall be sealed with a coupling consisting of an asbestos-cement sleeve and not less than two rubber rings. The machined ends of the pipe to be jointed, the inside of the sleeve, and the rubber rings shall be wiped clean immediately before lubricating for installation. Lubricant shall be applied to the entire circumference of the pipe ends back to the stop shoulder; this includes the nose, taper and machined surface. The entire surface of each rubber ring shall be lubricated before inserting the ring into the coupling groove. The assembly of the pipe and coupling shall be made as recommended by the pi~oe man,,~facturer. This shall be accomplished in such a manner that the resulting position of the sleeve is centered over the pipe ends. The method of assembly shall be approved by the Engineer. Pipe shall not be deflected eith~ vertic~,lly or horizontally in excess of the ratio recommended by the manufacturer of the coupling. f. When pipe laying is not in progress, the open ends of the pipe shall be closed with tight-fitting wood plu.,gs other approved means. Adequate backfill shall be placed on the plugged empty pipe to prevent floating. Any pipe that has floated shall be removed from the trench and shall be relaid as directed by the Engineer. No pipe shall be laid in water or when trench conditions are unsuitable in the opinion of the Engineer. C. JOINTING PIPE TO CAST-IRON FITTINGS a. Each cast-iron valve, hydrant, or fitting, when connected to asbestos-cement pipe, shall be equipped with a bell having an inside diameter sufficient to receive the asbestos-cement pipe and provide a calking width between the pipe and bell of at least 1/4-inch for the full circumference of the pipe. Otherwise pipe shall have a bell profile such that a seal can be made with a rubber ring between the machined pipe end and the bell of the fitting. b. When the seal between the pipe end and the bell of the fitting is made with a rigid jointing material, the length of the pipe entering the bell of a fitting shall not exceed 3 feet 3 inches, in pipe sizes 6 inches and less in diameter. In pipe sizes 9 inches and more in diameter, the length of pipe shall not exceed 6 feet 6 inches. When a rubber ring-type cast-iron fitting is used to make the joint, lengths of pipe up to a full 13 feet may be used for entering bells of fittings. c. Pipe entering or passing through rigid structures such as concrete vaults or building foundations shall not have a length extending more than 3 feet 3 inches beyond the face of that structure when the pipe size is 6 inches or less in diameter, not more than 6 feet 6 inches when the pipe size is 8 inches and larger in diameter. d. The cutting of pipe for inserting into bells of valves and fittings, or for closures, shall be done in a neat and workmanlike manner without damage to the pipe, and in accordance with the manufacturer's instructions. e. Before installing the valves, hydrants or fittings, all lumps, blisters, and excess coal-tar coating shall be removed from the bell and spigot ends. The outside of the spigot and the inside of the bell shall be wire- brushed and wiped clean and dry. Ends shall be kept clean until joints are made. f. Rubber rings for ring-type cast-iron fittings shall be of the same composition as of the rubber rings used with asbestos-cement couplings. Rings shall be installed in accordance with the pipe manufacturer's recommendations. IV. INSTALLATION OF VALVES AND HYDRANTS A. SCOPE This section covers the installation of valves and hydrants as shown on the drawings and herein specified. Valves, hydrants, and other materials shall conform to the requirements of MATERIALS FOR WATER LINE CONSTRUCTION section, unless otherwise noted on the drawings or in the SPECIAL CONDITIONS. B. AIR AND VACUUM RELIEF VALVE INSTALLATIONS a. Air and vacuum relief valves shall be installed as shown on the drawings. b. The gate valve immediately below the relief valve shall be set to the grade indicated on the drawings or approved by the Engineer. Sufficient clearance shall be provided below the valve for the installation of a concrete pad to support a protective enclosure. C. SETTING VALVES AND VALVE BOXES Valves shall be set truly plumb with valve boxes directly over the wrench nut of the valve. The valve box shall not transmit shock or stress to the valve. After being correctly positioned for line and grade, earth fill shall be carefully tamped around the valve box. D. SETTING HYDRANTS AND ANGLE FIRE PLUGS a. All hydrants shall stand plumb and shall have their nozzles parallel with or at right angles to the curb, with the pumper nozzle facing the curb, except that hydrants having two hose nozzles 90 degrees apart shall be set with each nozzle facing the curb at an angle of 45 degrees. Hydrants shall be set to the established grade except that where not shown, nozzles shall be at least 18 inches above ground. b. Unless otherwise noted on the drawings or directed, each hydrant shall be connected to the main with a 6-inch branch line controlled by an independent 6-inch gate valve. c. The bowl of each hydrant shall be well braced against undisturbed earth at the end of the trench with concrete backing. d. Each angle fire plug shall be connected to the main with a 4-inch branch line controlled by an independent 4- inch gate valve. Angle fire plug shall be set with the 21/a-inch outlet facing the curb and shall be set to established grade except, that where not shown, nozzles shall be at least 18 inches above ground. V. MISCELLANEOUS CONCRETE A. ~,PORTLAND CEMENT CONCRETE a. ~Materials for concrete shall be portland cement conforming to ASTM, Type I or Type II; well-graded, sound, non-reactive aggregate; and clean water. b. Class 'B' Concrete shall be used unreinforced concrete including thrust blocks, and other work as shown. Class 'B' concrete shall contain 5 sacks (470 pounds) of cement per cubic yard. The concrete shall have a compressive strength of not less than 2000 psi at 28 days. The total water content shall be limited to the minimum quantity required to produce a smooth workable' concrete of as stiff a consistency as practicable, and not over 6.5 gallons per sack of cement. B. CONCRETE THRUST BLOCKS All plugs, caps and fittings as indicated shall be provided with suitable concrete thrust blocks. The concrete shall be placed between solid ground and the fitting to be anchored, and the area of bearing surface on the ground shall be as indicated on the drawings or approved by the Engineer. The concrete shall be so placed that the pipe and fitting joints will be accessible for repair. VI. TESTING AND DISINFECTING A. TESTING Immediately after the water line is completed, the Contractor shall test the water line for leakage in accordance with the applicable portions of AWWA Specification C 600 and in the presence of the Engineer. Any pipe or fittings that fail to pass the maximum allowable leakage requirements shall be removed and replaced with new materials at the expense of the Contractor. The lines shall be tested to a pressure equal to the working pressure plus 50 psi. The Contractor shall provide all labor and materials required for the test. B. DISINFECTING OF LINES a. Procedure. The work shall be accomplished by the Contractor, after all pressure and leakage tests are completed, in accordance with AWWA Specification C 601. The disinfecting agent shall be liquid chlorine fed through a mixing equipment which gasifies and dissolves the chlorine in water in strong solution and delivers the solution immediately into the pipe line being treated. The work shall be supervised by a competent person experienced in the process, who shall use an approved chlorine test comparator with standardized orthotolidene solution for making the tests. The Contractor shall furnish all necessary water, chemicals, equipment and personnel. b. Application. The rate of applications shall produce a solution of at least 50 parts per million by weight in samples taken from the portion of the main most distant from the point of application and from the end of each branch. After completion of the application, the pipe lines shall remain closed for 24 hours. Samples shall then be taken at the same points as before and shall show not less than 10 parts per million available chlorine by weight; failing which, additional disinfection shall be effected as directed. Chlorine shall be added to the new line at the upper end. If the chlorine residual drops below 50 parts per million in any portion of the line, additional chlorine shall be added in that vicinity. c. Flushing. After the 24-hour sterilization period the line shall be thoroughly flushed to remove all strongly chlorinated water until samples taken at various points as directed test not in excess of 1 part per million. For the protection of property during flushing, the Engineer may require the Contractor to use hoses or pipe to conduct the waste water to locations where no damage will result. Care shall be taken to prevent stro~ng chlorine solution in the line being treated from flowing back into the existing system. During the process of chlorinating the pipeline, all valves and other devices shall be operated while the pipeline is filled with the heavily chlorinated water. DOMESTIC WATER ENTERPRISE Income Statement For the Nine (9) Months Ended March 31, 1979 REVENUES Domestic Water Sales $765,.113 Construction Sales (Temporary Service) 16,554 Total Sales $781,667 OPERATING EXPENSES Field Expenses' 0 & M Charges from Cal Water Service 135,252 Power for Pumping 129,324 Maintenance 12,165 Total Field Expenses 276,741 Administrative Expenses' Charges for Other Departments 12,141 'Consulting Engineer Charges 78,625 ~ Insurance Expense 9,345 Property Taxes 2,825 Pumping Taxes 73,600 Management Fee from Cal Water Service 15,048 Miscellaneous General Expenses 12,024 Uncollectible Accounts Expense 1,193 Total Administrative Expense 204,801 NET OPERATING INCOME BEFORE DEPRECIATION 300,125 Depreciation Expense 73,125 73,125 NET OPERATING INCOME 227,000 NON-OPERATING ITEMS Revenue: Interest Revenue 5,275 Expenses: ~ Mainline Extension Refund 2,993 NET NON-OPERATING ITEMS .~ 2,282 NET INCOME OR (LOSS) $229,282 CURRENT NUMBER OF ACCOUNTS Active 5,240 In-Active 766 TOTAL 6,006 ' DOMESTIC WATER ENTERPRISE : '~ BUDG'ET SUMMARY OPETqATING BUDGET-EDKPEANATION OF MAJOR CHANGES · ! I. REVENUE FROM OPERATIONS Up $300,300 due to: Domestic Water Sales: Sales are projected to increase by 12% reflecting the growth in services and the corresponding consumption. Construction Water Sales: Increased sales to developers, contractors, etc. for use on various construction projects within the area. II, OPERATING EXPENSE Field Expenses: Up $I81,250 primarily due to: Operation and Maintenance charge From California Water Service increased effective January t~ 1979. The contract with them required an annual adjust- ment of the O&M charge based on a cost per service, Power For pumping increased due to proposed rate increase and larger number of customers · Administr, ative ~xpenses: Up $73,450 primarily due to: Salaries and Fringe benefits reflecting the cost of a Clerk-Typist ti to be shared with Development Services. This results from the recently approved reorganization with the Development Services Department. In addition, a Full year's cost for the Domestic Water Superintendent is reflected for t979- 80 whereas 1978-79 includes only eight months as Superintendent was employed in November t978. : The California Water Service Co..' management Fee is based on ~% ~f the gross plant asset, and as the Domestic Water System grows, the manage- ment Fee increases. : . ~'~L" ~ ' - .--- ~ ', ..... --. It should be noted that consultant fees are reduced due to the increase of adm!nistn, ation of the system by City personnel. Pumping taxes will increase as consumption does because it is based on the $20 per acre-foot of water pumped within the system. '. }II. NON-OPERATING EXPI--=-NS~S Mainline ~xtension Agr`eemeats For' the constr'uction on In-Tr'act Systems call for` a 22% r`efund of the r'evenue gener`ated within sa[d tract for' a per'iod of 20 year`s, or` until the cost of the Mainl[ne ~xtension [s pa[d for'. The [ncrease [n the budget r`ef[ects the [ncr'ease [n executed contmact agreements. CITY OF BAKERSF,IELD ¢ ' DOMESTIC WATER ETqTERPRIS ESTIMATED REVENUES AND EXPENSES BUDGET , FISCAL YEAR t979-80 Est. Actual Proposed · FY 1978-79 FY I979-80 REVENUES: Domestic Water Sales St~ 094 · [00 $l ·384,300 Constr~ction Water Sales 23,700 35,000 Interest Income "7,000 6,000 '~$t ~24 800 $l 425 100 Tot~t Revenu es ........... · · OPERATING EXPENSES: Field Expenses: .~ O&M Charges from Cat-Water St~t~350 $27t·500 Power for Pumping '" t84·900 250·000 Other Maintenance IT· 000 53,000 $393,250 $574 ~ 500 Administrative Expenses: Salaries and Fringe Benefits $ t9·400 $ 43~800 Charges from Other City Depts · t5,600 36 ~ 000 Management Fee er-om Cat-Water' 2t ~350 30·900 Consultant Charges (Erg. At[ny. etc) t03 ~ 800 90·000 Insurance Expenses lA.500: ,[5,000 Property and Pumping T~xes t].0.000 142,000 Misc. General and Uncollectable Accounts Receivable Expenses ; 17,,¢00 ' '16,.200 $300· 250 $373,9 00. Net Operating Income Before Depreciation. ": $43t, :300 $476,900 Depreciation 97,500 t20,000 Net Operating Income $3,330800 $356,900 NON-OPERATING EXPENS ES: Mainline Extension ReFunds $23·500 $50,'000 Net Ope~'ating,'Income Before : · ." Capital Outlay Program .... $3t0,300 $306 · 900 TransCer to Cap[tat Improvement Budget -. $3t0 ,.000, $306 · 900 NET INCOME (LOSS) -. JHH/gtp 5/t/t979 DOMESTIC WATER El~TERPRISE 'CAPITAL BUDGET SUMMARY FISCAL Y~J~R 1979-80 Storage Site: Additional storage capacity is needed to meet fire flow requirements through 1982 and to provide water during peak demand periods. Pumping effic- iency wit! also increase as the welts operate longer during the post-peak demand periods to replenish the storage tanks· The two million gallon storage tank has the capacity of three (3) welts reducing the need from seven (7) to four (4) new w. eils to be drilled during t979-80 and 1980-8l fiscal years. During the 1979-80 fiscal year, two wells wilt be developed, one at the storage site and the other as described below. Additional Welt and Pumping Plants: Additional pumping plant is needed during the first part of t980 to meet the rest of, the projected growth rate'within the system.. Additional Water Mains: In order to improve the supply and distribution character- istics within the system, various parts of the system need to be connected.. Water Meters and Services From Existing Mains: Provides for installation of water meters for new connections and new services on existing mains. This is required to meet the c.ureent growth within the system. Vehicle: A ~-ton pick-up truck was approved 0n March 7, t979 by the City Water Board for use in ope¢ation of the system. J HH/gtp 5/l/79 ~ .... CITY OF BAKERSFIELD DOMESTIC WATER ENTERPRISE ' . PROPOSED.CAPfTAE OUTLAY PROGRAM " FISCAL YEARS t979-80 AND t980-8t :* Proposed Projected FY 1979-80 FY [980-St Source o¢ Funds Capital Improvement Reserves (t) $66 1,540 (t) $150,000 N et Operating Income 306,900 520, 000 Kern River Water- Revolving Fund (2) 300,000 To[at source off Funds $~ $670,000 Proposed Application of Funds Storage Site " Tank with 2 million gallon capacity ~90,000 Booster Station and Building ~40,0,00 We-lt..and Pumping Plant '190,000 Additional Wet[ and Pum'ping Plant -tg0,000 $400,000 Add~tion al Water' Mai ns '14l, 040 t20,000 Water- Meters 84,000 t20,000 Set'vices From Existing Mains 26 ~2 00 30,000 t/2 ton pick-up truck . 7,200 ' 'f0tat Cap{tat Expenditures $1~268,440 $670,000 (t)' Includes net operating income (toss) from December 22, t976 through J~ne 30, [979 and depreciation From December 22, t976 through June 30, 1980. (2) The transfer of the Kern River Water Revolving Funds to be used on Cap[tat improvements, are necessary to provide proper' Fire Flows and provide an acceptable standard of operation. The water- system was originally con- structed and purchased with a different set of Fire Flow requirer~ents than the current City standards. In addition to th[s, the continued high rate of growth within system have created a serious strain on the system's ability to meet alt the various w. ater demands. With aid o¢ these funds, the system wilt be able to make the necessary improvements and enable the system's current' mevenues to mainta(n that standard. CITY OF BAKERSFIELD DOMESTIC WATER ENTERPRISE OPERATION SUMMARY Est[mated 12/22/76- Aclu at Aclu at ' Pr`oposed Projected 6/30/77 FYl977-78 FY t978-79 FY t979-80 FY t980-St Revenues $t70,838 $676,548 St, t24,800 St,425,t00 St, 784,000 Oper'ating and Non- $303,355 $663,346 $814,500 St, It8,200 $t,264,000 Oper'ating~ Expenses Net Oper'ating income. ($t29,772) $[3,202 $3t0,300 $306,900 $520,000 (Loss) Be~or'e Capital Outlay D epr'eciation $38,763 $8l, 776 $97,500 $120,000 $150,000 Total Active Accounts 3,83t 4,580 5,600 6,800 8,200 in system on June 30 City acquit-ed system on December- 22, t976 with 3,368 total active accounts. City of Bakersfield ITEMS FOR AGENDA Agenda Section, CONSENT CALENDAR Requesting Depa'rtment FIRE & DEVELOPMENT SERVICES Date for Council Action_ 3-7-79' Description of Item: W&tER PIPELINE EASEMENTS FROM SOUTHGREEN PARTNERS AND FROM JAMES S. CAMP COMPANY, HUGH K. SILL, MI'CHAEL CUTBIRTH AND ANTON G. CARATAN. 2. Comment: PROVIDES EASEMENTS FOR A 12~' NATER PIPELINE TO SERVE PARCELS LOCATED ON THE NORTHSIDE OF MING AVENUE NEST OF NEN STINE ROAD, 3. Suggested Action: 4. Attachments: Department Head Approved, City Manager RECORDING REQUESTED B~ Stewart West Coast Title MAIL TAX STATEMENT TO Same as below WhEN RECORDED MAIL TO ~,~. I--~eim & James s,,.o, Bu~ilding 4, Suite 140 ^~d .... 3000 Sand Hill Road City s,,t. , Menlo Park, CA. 94025 I RECOROERS USE ONLY O~D~,NO. CONSIDE~TION LESS T~N $!00.00 ESCROW NO. NO DOCUMENTARY TRANSFER TAX $~~ ~ COMPUTEr) ON FULL VALUE OF PROPERTY CONVEYED, OR GRANT DEED RETAININ~ T~EO~ 31ME OF SALE. (PARTNERSHIP) Un~rpora~ed Area ~ City of SOUTHGREEN PARTNERS, a California limited partnership a partnership, FOR A VALUABLE CONSIDERATION. DOES HEREBY GRANT TO City of Bakersfield the real property in the County of ~CERN I, State of California, described as: SEE ATTACHED EXHIBIT A Dated: ~,9'_,,~- ~'7 S©UT~R~.~.W PARTNERS. a ~!if. limited partnership STATE OF CALIFORNIA COUNTY~F~ //r~ ~.S. BY BEI~ JA~S ~era] Partner of On i~'~t ~ ~ ~ ,19 / ~ ' / 3 ~ ~S~uthgreen Partners before me. the undersigned, a Notary Public in and for said Cou~y and State, per.ally appeared ~/~~ ~ HN K. J~S General Partner of B~T~ & J~S Notary Seal / Known to me to be -_of the partners of the partnership OFI"ICIAL SEAL that executed the within instrument, and acknowledged ,o ~ ~7~ BARBARA j. S~JTH me that such partnership executed the same~ ~ ~'.',.~(~) NOTARY PUBLIC- C,:L,FOF, N~A WITNESS my hand and off~ // ~ X ~ '~'~ ~ ~ MAI~ TAX STATEMENT AS DIRECTED ASOVE 10 FOOT WIDE I~'ATER LINE EASEMENT BEING IN A PORTION OF THE NORTHEAST QUARTER OF SECTION 10, T0;VNSHIP 30 SOUTH, RANGE 27 EAST, M.D.B.~.M. IN THE CITY OF B~ERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF TRACT 3622, RECORDED DECEMBER 21, 1972 IN BOOK 24, PAGE 110 OF MAPS IN THE OFFICE OF THE KERN COUNTY RECORDER,.SAID CORNER BEING ON THE NORTH RIGHT-OF-WAY LINE OF MING AVENUE; 1) THENCE.NORTH 66° 42' 50" EAST ALONG SAID NORTH RIGHT-OF-WAY LINE, A. DISTANCE OF 359.69 FEET; 2) TttENCE DEPARTING FROM SAID RIGHT-OF-WAY AT RIGHT ANGLES NORTH 23° 17' 10" WEST, A DISTANCE OF 10.00 FEET; o 3) THENCE SO'UTH 66 42' 50" WEST PARALLEL WITH AND 10.00 FOOT NORTItERLY OF SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 359.69 FEET, MORE OR LESS, TO THE EAST BOUNDARY LINE OF SAID TRACT; 4) THENCE AT RIGHT ANGLES SOU~H 23° 17' 10" EAST, A DISTANCE OF 10.00 FEET TO THE TRUE POINT OF BEGINNING. "EXHIBIT A" · ? '~_ ~ IRE. CORDINO REC)UESTED__~Y~ m~ RAY A. N~-=~Cu~birth,Sill,Caratan & Ca - ~" s~,~ 3200 21st St. Ste. 201 ~,~ Bakersfield CA 93301 ~ ~ ~ SPACE ABOVE THIS LINE FOR RECORDER'S USE NO DOCUMENTARY TRANSFER TaX $ IS DUE AS THER~:S N0 CONSIDE~TION COMPUteD ON furl VAtUe Of PROPER~ CONVEYED, OR COMPUTed ON full VALUE LESS lIENS AND ENCUMBRANCES REMAINING AT TIME Of SALe. THIS FORM FURNISHED BY ~EWART-WEST COAST TITLE FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, James S. Camp Company, a California Corporation; Hugh K. Sill, a single man; ' Michael Cutbirth, a single man; Anton G. Caratan, a single man. hereby GRANT(S) to City .of Bakersfield the following described real property in the City of Bakersfield County of K e rn State of California, described as: SEE ATTACHED EXHIBIT A Dated:. February 7, 1979 Mi£hae 1 ~.u:t-b-i~ ttw~ STATE OF CALI FOR NIA } ~~~_____~~ COUNTY OF K e rn ss. Februar.y l~-, 1979 before me, the under-~~ On signed, a Notary Public in and for said County and State, per- sonally appeared }~ichael Cutbirth, Hugh Sill and Ant on Caratan ~P~~ ~' by Jgm'es ~S~--~ainp, ~'~dent , knowH to me to be the person ,q whose name_ .q ~.subscribed to the within instrument and acknowledged that 1;hey executed the same. (Seal) ~hia G. Blankan~hlp Name (Typed or Printed) Notary Public in and for said County and State MAlL TAX STATEMENTS TO: Name Address Zip 10 FOOT WIDE WATER LINE EASEFIENT BEING IN A PORTION OF THE NORTHEAST QUARTER OF SECTION 10, TOWNSHIP 30 SOUTH, RANGE 27 EAST, M.D.B.& M., IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, BEING blORE PARTICULARLY DESCRIBED AS FOLLOWS: COIV~IENCING AT THE SOUTHEAST CORNER OF TRACT 3622, RECORDED DECEMBER 21, 1972 IN BOOK 24, PAGE 110 OF ~4APS IN THE OFFICE OF THE KERN COUNTY RECORDER, SAID CORNER BEING ON THE NORTH RIGHT-OF-WAY LINE.OF MING AVENUE; THENCE NORTH 66° 42' 50" EAST ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 359.69 FEET TO THE TRUE POINT OF BEGINNING: , 1) THENCE CONTINUING NORTH 66° 42' 50" EAST ALONG SAID NORTH RIGHT-OF-WAY LINE, A'DISTANCE OF 93S.34 FEET TO THE BEGINNING OF A 20 FOOT RADIUS TANGENT CURVE CON- CAVE NORTHWEST; 2) THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 60° 00' 00" AN ARC DISTANCE OF 20 94 FEET' 3) THENCE DEPARTING FROM SAID RIGHT-OF-WAY LINE, SOUTH 66° 42' 50" WEST, A DISTANCE OF 952.66 FEET; 4) THENCE SOUTH 23° 17''10" EAST, A DISTANCE OF 10.00 FEET TO THE TRUE POINT OF BEGINNING. "EXHIBIT A" CORPORATE ACKNOWLEDGMENT ~OT~Y~UC. C~,mR~ ~,~ ~Not~ Public in ~nd for ~id GounW ~nd State, ~esidin~ thoroin, duly commissioned ~nd ~vror~ pomon~lly ~p~r~ ............ ................................. ' ....... ~n ~ ~ ~ ~ ~...~aa~en~ .............. ~ ......................... ............................................................................... ~ .................... known ~o mo to Bo ~0 ..................................................... ~ ......... :thin'~ns~ment, ~nd known to mo to Be ~e ~rsons who m:ecuted th~ within in~m~nt on Beh~f o[ tho m~ [mod, ~nd ~cknowled~od to mo th~t ~uch ~r~rmion exocutod tho s~mo. ( ~ Npt~ ~ubIic in ~d Jot scid Count7 ~d Stato. STATE OF CALIFORNIA--RESOURCES AGENCY ED/~UND G, BROWN JR., Governor DEPARTMENT OF WATER RESOURCES ~..~ 3374 E. SHIELDS AvE. FRESNO 93726 (209) 488-5223 March 27,.1979 CityManager City of Bakersfield 1501 Truxtun Avenue Bakersfield, CA 93301 This will confirm reservation of the, City Council Chambers by the Department of Water Resources on Thursday, April 26, from 7 to l0 p.m. for a public workshop on identification of ground water basins. Thank you for your assistance. Sincerely, Ca o y ra es San Joaquin District cc: John Chafin Tom Stetson ~ALIFORNIA W~TER CO,~,~ISSION ~PR ~ 0 1~79 FINAL Co~ission Workshop and Inspection Tour to be Held ~T Th~sday, May 3, 1~9 C 'W C~ ~K2QSFI~LO 10:50 a.m. WO~SHO? ON b~i ~IRO~[T -- Bill Press, Director of State Office~ of Planning. and Rese~ch will discuss the Governor's Urban S~rate~- as it relates to Water and Ener~. To be held in the Boa~ Rooz, Kern ~ency, ~1!~ Arrow Street, B~ersfield, California 95502, (805) 395-6200 12:O0 Noon L~{ 1: 30 p.m. INSPECTtOI'[ A~ TOb~ -- Kern Count/ C~d Water Recha~e Areas -- Kern River-Ca!ifo~ia Aqueduct Intertie Project (an interco~ectiom st~ctu~e to ~vert Kern River sno~elt flood flows into the California Aqueduct for beneficial uses to prevent flood d~es ~ the do,stream ~d Tulare L~e areas). cc: Tom Stetson John Chafin City Council ~/NT OF W~T~ ~SSOJ]C~S ,=OR,W/A WATER CO'4M;SSIO~' ~A~ENTO Phone: (916) 44S-8750 ~3~: M~:GS A~ O~N TO THE Pb~LIC FINAL AGENDA Fo~ tke Meetin~ to be Held 9: OO n.m. ~iday City Council Chaa~ers 1~01 Triton Avenue B~e~sfield, Califor~a ~ (805) 861-27~i' 1. MINUTES -- Consideration of the Minutes of the Meetings held March 29 'and 30, 1979. 2. STAFF P~?ORT -- Report of the Executive Officer for April. 3. DIRECTOR'S REiQ~ -- Reoort of the Director of Water Resources on depart~aental acgivities for April. 4. C0?~'[!TTEE ~/~CRTS 5. i~3~_L!C FORU?I -- A~v member of the public may address and/or ask questions of ~he Cor.~m~ission relatiD~ to anl matter within the Com~mission's Ourisdiction. This need not be related to a~ny item on the a~enda. 6. A~ITRATION P~Gb-L%TiO~S -- Consideration of final approval of proposed Department of Water Resources regulations implementing Civil Code Section 1670 and Executive Order B50-78 provi~+ng for arbitration of disputes arising from construction contracts. Xnn~ic.h/~h a s~p~d~y cc~.~ted~ th~,'~e~ff~e ?~sear~ on~ \ ~,~e t at ].~gement pta ' rv 8. TF~ FLOOD COi~ROL PRCr~M IN KE~Y COUI~TY -- A briefing by George Ribb~_e, Engineer. Kern Coun~3 ~,~ater Agency will brief the Com_~mission on the flood control pro,ram in Kern Count/ with emphasis on the Isabella Rese_~voir amd Poso Creek studies. 9. CITY OF B.~fr~qSFIELD _- Statement of policy regarding water resources maasyement in the Kern Count/ portion of the San Joaquin Valley -- a presentation bI Thomas M. Stetson, Consulting Engineer, Ci%-3 of Bakersfield. -O;~ER- ~ -OVER-' AGENDA , (Con' t.) 10. GROb~ND WAT~--R ?t~2~O~.~.~? IN THE F~ JOAQUIN V.~1YI',~-~' -- A multi- discipline discussion by: s) Justice James A. Cobey, Member, Governor's Co~ission to Review Water Rights Law - reco~endations on management of ground water resources. b) Stuart T. Pyle, Engineer-Manager, Kern County Water Agency - The local viewpoint. c) Robert Leake~ Kings River Conservation Association - a consultants report directed by valley water districts. ll. OT~R Bb~SII~ESS &~I~ESOU~CES AGENCY ED,~u~D G .~~T .,C~' WATER RESOURCES NIA WATER COMMISSION Sac,~ento 95802 Ph~.e: (916) 445-8750 : NOTE: ME~INGS ~ OPEN ~ ~ PUBLIC FINAL AGENDA Fo~ %he MeetinK to be Held 9:~ a.m. Friday City Co~cil Chambers l~l T~ton Avenue ' B~ersfield, California (815) 861-2751 N~ICE OF ~DITION~ IT~ 6A. ~RE¥~TION OF WASTE; UNREASONABLE USE OR DIVERSION OF WAT~ REGULATIONS -- Consideration of final approval of proposed changes in Department of Water Resources a_nd State Water Resources Control Board regulations. SACRAMENTO ADDRESS ' COMMITTEES SACRAMENTO, CA 9~S14 BUBCOMMITTEE ON DON ROGERS ASSEMBLYMAN, THIRTY-THIRD DISTRICT Harch 19, 1979 Mr. John E. Chafin Water Manager City of Bakersfield 1501Truxtun Avenue Bakersfield, CA. 93301 Dear John, Thank you for sending me a copy of the Statement of Policy Regarding Water Resources Management in the Kern County Portion of San Joaquin Valley. The information will be very helpful. Is the City of Bakersfield planning to have someone present testi- mony to the Assembly Water Committee at its Bakersfield hearing on March 30, 19797 It might be helpful to inform the committee of our spreading, percolating and management of ground water. I look forward to seeing you on March 30th. DON ROGERS DAR:lep STATE OF CALIFORNIA--'RESOURCES AGENCY · EDMUND G. BROWN JR., (~avernar DEPARTMENT OF WATER RESOURCES ~ ................ CALIFORNIA ~'/X?ER"COMMISSiON " .... ...... Address All Commurti¢:ations fo: The Chairman of the Commission SACRAMENTO P. 0. Box 388 ~ Sacramento 95802 Phone: (916) 445-8750 Mr. John E. Chafin Water Manager ~Department of .Water .................................. City of Bakersfield 150 Truxtun Avenue Bakersfield, CA 93301 Dear Mr. Chafin: Thank you. for your letter of March 14, 1979, transmitting the citY's statement of policy regarding water resources management in the Kern 'county portion of the San Joaquin Valley. The statement was dated March 7, 1979. A copy of the policy statement h~ been furnished to each member ef the Commission. We appreciate the opportunity to review the policy. Sincerely, ~ ~Sco-tt E. Franklin Chairman