HomeMy WebLinkAbout03/05/80 AGENDA
WATER BOARD - CITY OF Bg~KERSFIELD
WEDNESDAY, MARCH 5, 1980
4:00 P.M.
Call meeting to order
Roll Call- Board Members: .Barton, Chairman; Payne, Ratty, Bergen
Hoagland
1. Approve minutes of regular board meeting of February 13, 1980.
2. Scheduled Public Statements.
3. Agreement for the Acquisition, Construction, Operation and Financing
of the Fairhaven Water Distribution System. - BQA'~D TO CONSIDER FOR
APPROPRIATE ACTION.
4. Staff Comments
5. Board Comments
6. Adjournment
WATER BOARD - CITY OF BAKERSFIELD
ITEMS FOR AGENDA
Agenda Section NEW BUSINESS
Requesting Department DOMESTIC WATER ENTERPRISE
Date for Water Board Action MARCH 5, 1980
1. Description of Item: Agreement for the Acquisition, Construction, Operation
and Financing of the Fairhaven Water Distribution System.
2. Comments: Refer to Staff Memorandum.
3. Suggested Action: Board to consider for appropriate action.
4. Attachments: Agreement, staff comments and report.
ervices
Approved, City Manager
NOTE: Items for Water Board Agenda are to be submitted prior to 10 a.m. Friday
for the Wednesday meeting of the following week.
MINUTES
WATER BOARD - CITY OF BAKERSFIELD
WEDNESDAY, FEBRUARY 13, 19 80
4: 00 P .M.
The meeting Was called to order by Chairman Barton in the City
Hall Caucus Room.
The secretary called the roll as follows:
Present: Barton, Payne, Ratty, Bergen, Hoagland
Absent: None
Staff Present: Bogart, Chafin, Hansen, Hostmyer, Needham
Others Present: Gall Schontzler, The Bakersfield Californian
The minutes from the regular meeting of January 30, 1980, were
approved as presented.
A l~tter of response from the Water Board to the Board of Direc-
toes of Kern Delta Water District regarding Supplemental Draft
Environmental Impact Report entitled "1979 Systems Improvement
Project for Kern Delta Water District" dated January, 1980 was
presented to the board for consideration. After a brief discus-
sion by board and staff, Mr. Bergen made a motion that the Chair-
man be authorized to sign and the letter be forwarded to the
Board of Directors of Kern Delta Water District.
Staff Comments
Domestic Water Superintendent Hansen informed the board that
· the Domestic Departmen~ ha~ recently employeed a new CETA
trainee employee.
Board Comments
Mr. Ratty informed the board that he felt it was time to start
planning our Cloud Seeding program for the coming season.
There be~ii'~g no further business to come before the board, Chair-
man Barton adjourned the meeting at 4:25 P.M.
James J. Barton, Chairman
City of Bakersfield Water Board
Linda Hostmyer, Secre~ary
City of Bakersfield Water Board
MEMORANDUM
FINANCING OF THE FAIRHAVEN WATER DISTRIBUTION SYSTEM.
PROPOSAL: The Water Board recommends to the City Council that, the City
enter.into an agreement with Fairhaven Industrial Fire Protection District
and Fairhaven Mutual Water Company for the purpose of acquiring and operating
the Fairhaven Water Distribution System. (See attached No. 1).
NEED AND PURPOSE: Property owners within the incorporated area between Rose-
~/~d---~-J-~ H---~-h~e Kern River and Highway 99 have requested 'that the City
provide water for domestic, commercial and fire protection needs. These
landowners are willing to participate in the assessment proceedings of the
Fairhaven Industrial Fire Protection District for the Construction of a
~ water distribution to meet the water requirements.
The Fairhaven Industrial Fire Protection district will finance through asses-
merits on the lands and construct a water distribution system in the area
west of Highway 99 and on both sides of Rosedale Highway to serve 5~0 acres
of land. (See attachment No. 2). The .Dist~ict'SMutual have requested that
the City take custody, operate, and maintain the completed water facilities.
' FINANCE IMPACT: The City will acquirea $].1 million water distribution .
system from the Fairhaven Industrial Fire Protection District and Fairhaven
Mutual Water Company.' A 1.1 million gallon water storage tank, pump station,
and site will be acquired from the Regional Occupation Center of Kern by the
Fire Protection District. The City will acquire a portion of California
Water Company service area at a cost of $200,000,00 which is proposed to be
financed through a loan from the Ashe Water Division.
This agreement requires accumulative payments on the assessment bond principle
to a maximum of$.l.,4.00.OQper acre for the excess capacity of the system.
These payments will be financed with fees collected from developers as they
connect to the water system. The fees will beapproximately $1,800.00 per acre
for land within the City and $2,500.00 per acre for land outside of the City.
A portion of thes~e~_.wil;1.beallocated to payment of the excess capacity,
with the remainder allocated to providing additional water wells and storage
~anks[or the system.
An additional $900.00 per acre would also be paid on the assessment bond
principle if the original assessment area is annexed to the City and if all
the water users agree to restrict the use of their private wells. Repayment
would be financed with excess revenues and would not start until both conditions
are met.
Metered water revenues generated by the system will provide for repayment
of the Water Enterprise loan and for assessment credits, without becoming
a burden on other City resources.
OPERATION OF SYSTEM: Operation and maintenance of the system would be
provided by an agreement similar.~to the Ashe Water System. City staff
would manage the agreement and administer the system's growth. Attached
is a projected budget and a proposed rate schedule for the system.
STAFF RECOMMENDATIONS AND REQUIRED ACTIONS:
There is a~critical need for an adequate water system in the Fairhaven and
Rosedale areas. The water system has the capability of expanding to meet
the future needs within the area. The staff recommends that the land with-
in the incorporated area (70. acres) be annexed to the Fairhaven Industrial
Fire Protection District, so the assessments may be spread over the entire
530 acres.
JHH:ag
AGREEMENT FOR THE ACQUISITION, CONSTRUCTION, OPERATION
AND FINANCING OF THE FAIRHAVEN WATER DISTRIBUTION SYSTEM
THIS AGREEMENT is made, entered into and executed this
'. '. .day of , 19 ,'in.the City'ef ~aksrsfield,
California,
' .BY'~AN~ BETWEEN
.... THE C'ITY OF BAKERSFIELD, a California
': ~ . Municipal Corporation (hereinafter referred
' FAIRHAVEN INDUSTRIAL FIRE PROTECTION DIS-
· :? TRICT,.a Political. Subdivision of the .State
,· -'of California (hereinAfter referred to as~
AND -'
,: 'FAIRHAVEN MUTUAL WATER COMPANY., a Cali-
'fornia Corporation (hereinafter referred to
as the "COMPANY") .
WHEREAS, the DISTRICT is in the process of conducting
assessment proceedings for the construction of a water distribution
syste~ for fire protection and incidental purposes (hereinafter
"the water distribution.system") under the provisions of t'he '
Fire Protection Law of i961 (Health and Safety. Code §~ 13801
et seq.) and the Municipal Improvement Act of 19~3 (Streets
and Highways Code ~ 10000 et seq.); and
WHEREAS', the Resolution of Intention of the DISTRICT to
commence assessment proceedings specifies the exterior boun-
daries of. the area to be' assessed as shown on the map attached
her.eto as-Exhibit 1, which said area. is.entirely outside'the
CITY; and
'WHEREAS, the Regional Occupation Center of Kern County
.. (hereinafter' "ROCK") owns certain water facilities previously
'" .constructed by. ROCK Pursuant to plans and specifications
"' approved by.the DiSTRiCT within the CITY; and
":' " ~HEREAS, '.the DISTR'I~T has co'ntracted with ROCK for the
-. acquisition of said wat.er facilities to be incorporated into
' · "the DISTRICT's water'distribution system; and made a part
. . thereof, and . ' .
.... .WHEREAS, the'cost' of acquisition and construction of the
.water distribution system is estimated to be $3',000,000; and
WHEREAS, the City has applied for and anticipates receiving
an Economic. Development Administration (hereinafter referred to
as ."EDA") grant under Public Law 94-487, regulation 13 CFR 308
(1977), in the approximate amount of $625,000; and
WHEREAS, the CITY is willing to acquire and operate the
entire water distribution system upon acquisition and completion
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thereof by the DISTRICT; and
WHEREAS, the CITY is willing to include in .the area to be
assessed approximately seventy (70) acres of land located within
the boundaries of the CITY; and
WHEREAS, it'is necessary that an agreement be entered into
by the CITY with the California Water Service Company to pre-
clude any claim for injury or damages by said company as a
result of water service through~the water distribution ~system;
:.~fH'EREAS, this agreement'is made' pursuant to the provisions
of'streets and.:Highways Code. Sections 10109, 10110 and 10110.1,
"which requi're,~among other things,'tha't contracts for the
Operation or ownership, of the system by another public agency~
Shall be completed' prior..to, the 0'rdering of the work of improve-
WHEREAS, the parties have determined that the mo~t expedii
tious~ equitable, and economical way'to provide.water.service .'
to the area within the DISTRICT and the area of~the CITy where
the ROCK facilities are located and to adjacent areas, which
are in'the CITY or Which may annex to. the CITY or. the DISTRICT
in the future, is for the parties to jointly participate as
.hereinafter set forth.
.NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES, PRO-
MISES AND COVENANTS CONTAINED HEREIN, THE PARTIES HEREBY AGREE
AS FOLLOWS:
~ 1~. Assessment District Boundaries. The DISTRICT will
enact a new or amended Resolution of Intention pursuant to
applicable statutory procedures describing the exterior boun-
daries of the assessment district to include additional lands
in the CITY as sh'own on the map attached hereto as Exhibit 2
~(hereinafter referred to as the "assessment district"). Sai~
Resolution of Intention or amended Resolution shall thereafter
be submitted for consent to the Council of the CITY pursuant
to.Streets and Highways Code Section 10103, and thereafter said
Resolution of Intention or Amended Resolution of Intention shall
be~approved by the DISTRICT.
'~/ 2.~ ~Conditions of Construction. ~The DISTRICT shall not~
~award anY~construction, contract for the water distributiOn
'system until the~CITy has. entered i~nto~a valid contract with
~ ~alifornia'water Servi~e Company~establishing the limits-of
'liabiiity,~ if any, of'the CITY to California Water Service~
~icomPany as a'result of' the CITY providing service through the
Water. Distribution System, on mut~ually agreeable terms and
conditions. In the event that the CITY.is granted funds by the
Economic Development Administration~ (ED~), thes~ funds shall be
used to jointly construct with the DISTRICT, those facilities
set forth in Exhibit 3 in accordance with paragraph 11-of this
agreement.
: 3. Construction and Transfer of System. The DISTRICT
shall take all necessary action to finance and construct the
water distribution system pursuant to plans and specifications
to be approved by the CITY. EDA funds, if made available to the
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CITY ~'s hereinbefore stated, shall be included in the
assessments to be made. The CITY shall be authorized to
inspect construction to determine if work is being done in
accordance with CITY standards. All change orders or plan re-
visions shall be subject to prior-approval of the CITY. The
CITY shall be given a reproducible copy of the as built plans/.
Upon completion of the work of improvement financed by the.
assessment district proceedings and after all proceedings per-
.taining thereto have been completed, and before any water
~ deliveries are permitted, the DISTRICT shall transfer ownership
and operation of ~he'system, of said'work of improvement, and of
'all existing water distribution and ~ire protection facilities
now~owned ~by the DISTRICT', inclUding all real property and
~ interest~s therein, ~.list of which is attached hereto as
4'. Exclusivity of Service.
/~.-(a)~ The. DISTRICT and the. COMPANY hereby grant to
.... the CITY ~the exclusive right to purvey and sell water within
the boundaries of the DISTRICT or'the'service area ~f the
COMPANy.' The. parties mutually agree that to the extent, if
~any, that"Chapter 8.5 of Part 1 of Division 1 of.the Public
Utilities Code applies to the providing of such water service
to individual consumers within the boundaries of the DISTRICT
or within the service area of the COMPANY, the value of $1.00
is just compensation for any injuries or damages as provided
therein.
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(b) Upon request by a landowner within the DISTRICT,
the CITY will offer to furnish water service to said landowner
in accordance with the rules, regulations and policies of the
CITY applicable to the service area, as they exist from time
to time.
(c) The DISTRICT shall cooperate with the CITY in
obtaining contractual commitments to require all water users
within the assessment district to connect to the water distri-
bution system after.the completion of the work of improve-.
mont.
" ..." .> ..i" (d) The DISTRICT shall cooperate with the CITY in
... obtaini.ng contractual commitments to.require that'all water'
..~ -. .'wells'within the assessment district oth~er than those owned or
,i' to' be owned By the CITY ~hall' be used by the owners of such
~" ' wells only~for emergenCy standby, purposes or-for maintenance
~ in~
' ' ~ .... i ' '5.'" Wate] Rates.' The'CITY.may 'charge water rates and.'
~' fees which'Will result in reimbursing the CITY.for all.c0sts
reaso'nably borne bY the CITY to provide water service, includ-
'in9 but not limited to costs of acquisition.and financing,
· and 'necessary costs of operation, maintenance, replacement,
~' improvement and ~expansion of thelWater~system.
.' 6. Connections to CITY Standards. All private con-
nections to the water distribution system, .including all private
sprinkler, hydrant, or other appurtenances located on private
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property, shall be owne~ by the landowner and constructed and
maintained to CITY standards at landowner's expense. The
DISTRICT and the CITY shall take action to assure that such
standards will be met as a condition of connection.
7. Operation of System. The CITY shall attempt to
provide original design flow and pressures, when feasible, as
follows:
(a) Under normal conditions, the design pressure
measured' at .the.pump station is 50-70 PSIG;
.. (b) ' Under fire flow conditions, the design minimum
..fire flow.~s 2500 GPM at a residual'pressure of 20 PSIG for
'~'. " a minimum.of, fOur-(4) hours to any point within ~he system;
: .~... .'. ' '(C)' The~CITY. shall not be 'liable f0r.. any damage
.;_.'... 0ccurring.aS .a.result.of faiiure to..maintain the above-stated
.' ~floW-'-and pressure' criter.ia for whatever reason.
i ...'"~ 8..' -. ConneCtion Fees. Connection fees will~ not be charged
· .'~'~ 'within the assessment district as. depicted on Exhibit~2,
. '.'..~ attached hereto. Nothing. contained herein shall be interpreted
'as 'precluding the CITY from requiring landowners to install
water service laterals at landowner's expense or from charging
~- main extension fees or any oth~r fees' it may d~termine neces-
· sary within the assessment distr~c~ nor shall it 'preclude the
charging of a connection fee to any property outside the lands
within the assessment district as depicted on Exhibit 2,
attached hereto, upon connection of such lands to the water
distribution sys'tem.
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9. Assessment Credit. In the event both of the follow-
ing conditions are met:
(a) Annexation of all the lands in the DISTRICT to
the CITY within twelve (12) months of the execution of this
contract, and
(b) The execution by all landowners within the
DISTRICT of a "Water Users Agreement" with the CITY, a copy
of which is attached as Exhibit 5, within the time limit set
forth ink.paragraph 9a, above,
the CITY shall adopt an Ordinance'consistent with-
California Streets and Highways Code Section 10205 to cause
payments to be~made~to the bond redemption fund which may be
~used as ~a Credit for~partial payment against amounts payable
under the~assessment,~ ag ~they~come due, in an. amount not to
exceed $477,000, which.is estimated to be the approximate
~.equivalent'of $900 ~per ~acre within"t~e~assessment district..
.. ~ The time period'provided for'in (a) above may. be
~ ..~extended~for good Cause Shown~upon aPplicationlby the DISTRICT
/to .the CITY, provided'that annexation proceedings ~haVe been
instituted and are being~diligently pursued.
10. Excess Capacity Assessment Credits. it is the
CITY's intentiOn to adopt an Ordinance consistent~With.Streets
· and Highways Code SectiOn 10205 which will permit the applica-.
tion of a portion of' any connection fees charged. by the CITY
as an additional credit to the~bond redemption fund to provide
for partial payment against amounts payable under.the assessment
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as they come due, in an amount not to exceed $743,000, which
is estimated to be the cost of constructing the excess capacity
of the water distribution system to provide for future expansion
and acquisition of a portion of said system withfn boundaries of
the City, which is further estimated to be the approximate
equivalent o'f $1400 per acre within the assessment district.
11.. Economic Development Administration Grant Provision·
In the event that the CITY should receive an Economic Development
Administration (EDA) grant for the construction of a portion of
theproposed water distribution system, as described in Exhibit
3., ~attached, and Such funds are so USed, the CITY's assessment
credit obligation set forth in Paragraph 10 shall be reduced
and excess funds~from~sal'e of Bonds shall be applied ko the bond
redemption fund to provide~for~ partial payment against~amounts~
paYable under ~he assessment~as they come. due, in an amo~unt
eqUal to the EDA grant~ '
12 ~''Dissolution. of the COMPANY· Upon'the assumption of
ownership~and operation of the system~by the CITY, the COMPANY~
shall'fOrthwith file for and complete a dissolution°of .the
~COMPANY,~which said dissolution shall include the transfer of
~all facilities and assets, free and clear of liabilities, ~except
for the approximate $4,000.00 ~n Company Treasury~to the CITy.
13. Dissolution of the DISTRICT. Upon the assumption of
ownership and operation of the system by the CITY, and the
annexation of the area Of the DISTRICT to the CITY, the DISTRICT
shall take all necessary action to dissolve the DISTRICT pur-
suant to Health and Safety Code Sections 13950 to 13958 and to
transfer all assets of the DISTRICT to the CITY. The DISTRICT's
present liabilities are as shown on Exhibit 6 attached hereto.
The DISTRICT agrees that after execution of this agreement it
shall incur no new obligations not otherwise provided for
herein without prior written approval of the CITY.
14. Collection Procedures. The CITY and DISTRICT agree to
designate the Kern Count~ Treasurer to serve all of the
funCtions of ithe treasurer as. prescribed by. the
Municipal Improvement Act of 1913 (Streets and Highways code
Sections.10',000 et seq) and the Improvement Ac~ of 1911 (Streets
and Highways 'Code Sections 5000 et seq) , except .that in
accordance with DISTRICT's~Resolutions and Contracts heretofore
made in these.proceedings, that BOYLE ENGINEERING CORP.ORATION,.
~.' ErneSt. Oo .Kartinen, its designated R~presentative and Engineer.
of Work, shall accept cash"pasn~aents-on ~assessments for the thirty
(30) day period ~oll°wing the levy of'assessment, together with
~- preparation.and certification of the final paid and unpaid list
and remit any such Collections to the'Kern County Treasurer.
IN WITNESS WHEREOF, the parties have executed this agree-
--
~ment as of the .day and year first abo~e written bY'their
resPective duly authorized officers'
CITY OF BAKERSFIELD
By:
Mayor
Attest:
City Clerk )tssistant City Manager - Finance
(Seal)
Approved as to form and execution
on this day of , 19
City Atto?ney
FAIRtfAVEN Ii]DUSTRiAL FIRE PRO-
TECTION DISTRICT
By: < .. ' . . ~'
P'~esident
Attest:
Approved as to form and execution
~ ~ day of /~/~7--' 19 ~
this ~4~ -
' t ." ~' .~ ,'/' / "
Kzzornev ,~or DiSffrict
/
FAIRIIAVEN MUTUAL WATER COMPANY
By:
President
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Attest: .
Secretary,_($eal)
Appr'0~ed as to form and execution-
this day of 19
Attorney for Company
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SCALE IN FEET I
A DI~.OSAL ~ TREATMENT PLANT
~MENT DISTRICT
BOUNDARY LINI
SCALE IN FEET
N(; RTH OF RIVER SANITARY DISTRICT
J' SEW,~ .~E DIS~.OSAL p, TREATMENT PL/~NT
'-~ ~ ~ I CITY OF BAKERSFIELD TERRITORY
' INCLUDED IN FAIRHAVEN ASSESSMENT
~ ~ [ DISTRICT NO, I PROCEEDINGS.
- - FAIRHAVEN INDUSTRIAL FIRE
- PROTECTION DISTRICT BOUNDARY
AGI~EEMENT FOR THE ACOUISITION, CONSTRUCTION,
EXHIBIT NO. 2
" EXHIDIT 3
FAIRHAVEN INDUSTRIAL FIRE PROTECTION DISTRICT
~PROJECTED EDA FUND EXPENDITURES
Furnish Equipment and Power to
South Pump Station $ 241,000
Construct and Develop 1000 gpm
Well at South Pump Station $ 81,000
Construct Pipelines as shown on
Sheets 4-11, 16-21, 23, 25, 29-30 ·
and 36 of Plans dated June, 1979, .:.
"Water Distribution System for
Fairhaven Industrial Fire Protection
~ . .... District". .' .~ $. 718,000
· . ".. .. '" $ 1,040,D00
.. Contingencies" ~' · ".' $ lO0,O00
-Professional Services " ' $- 110,'000
'~ $ 1,250,000
EXHIBIT 3 1 of 1
· .. EXHIBIT 4
,. ASSETS OF FAIRHAVEN INDUSTt~!AL FIRE PROTECTION DISTRICT
t. ~OUTH.PUMP STATION
Being a portion of Parcel 8, of Parcel Map 3889, as shown on that
certain Parcel Map recorded December 1, 1976, in Book 17 of Parcel
Maps, at Page 44, in the office'of the County Recorder of Kern County,
California, described as follows:
Beginning at the Southwest corner of said Parcel 8, thence Il. O0o 53'
19" E. along the West line of said Parcel 8, a distance of 30.00 feet
(9.14 meters), thence S. 89o 05' 41" E. along the North 'line of a
60.00 foot (18.29 meters) road easement designated as Burr Street, a
distance of 929.44 feet (283.29 meters) to
the TRUE POINT OF BEGINNING, thence S. 890 05'~ 41" E., continuing along
said North easement line~a distance of 75.00 feet (22.86 meters),
thence'N. 340 59'.11" E, along said-easement line a distance of 162.27
feet (49.46 meters), thence N. 560 47' 16" E. along said easement 1. ine
a dista'nce o~ 143.72 feet (43.81 meters), thence N. 89o 05' 41" W. a
distance of 284.95 feet (86.85 meters), thence S. O0° 54' 19" W. a
distance.of 21'5.00 feet (65.53 ,meters),.to the TRUE POINT OF BEGINNING.
Said parcel containing O.-79.acres (0.32~hectares), more or less, together
With a'l-,lO0,O00 gallon storage tank~ pump house, and all appurtenances
..thereto. ~
WATER DISTRIBUTION SYSTEM'T~ BE CONSTRUCTED
All water distribution and ffre protection facilities, together with
all appurtenances thereto, to be constructed pursuant to Fairhaven
Industrial Fire Protection District's plans and~specifications dated
June,'1979, by reference included herein and made a part hereof, to
include, but not necessarily.be limited to, the 12" diameter asbestos-
cement water pi'pes in: ....
~IBSON
a.' STREET, . ..
between Burr Street and Galloway Canal~ a distance of approximately
6870 feet, as shown on the hereinbefore referenced plans,-and in
b. BURR STREET,
between Cross Valley Canal and Gibson Street, a distance'of approxi-
mately.1350 feet, as shown on the hereinbefore referenced plans, and in
co AN EASEMENT,
between CrOss Valley Canal and Rosedale Highway~ a distance of
approximately 1420 feet, as shown on the hereinbefore referenced
'plans, and.in
do STANDARD STREET,
between Thomas Street and Atlas Court, a distance of approximately
EXHIBIT 4 ... 1 of 6
~ 6753 feet, as shown on the hereinbefore referenced plans, and in
e. AN EASEMENT,
between Rosedale Highway and Standard Street, a distance of
approximately 921 feet, as shown on the hereinbefore referenced
plans, and in
f. MERIDIAN AVENUE,
between Case Street and Gibson Street, a distance of approximately
1320 feet, as shown on the hereinbefore referenced plans, and in
9- MERCURY AVENUE,
between Standard Street and State Route 99, a distance of'approx-
imately 650 feet, as.shown on the hereinbefore referenced Plans, and in
h.' SHELL STREET,
between Ethyl" Street and Gibson Street, a distance of approximately
· ~. .." 1.994 feet, as shown on the hereinbefore referenced plans, and in
i. ETHYL STREET,
'.'. between'Gulf Street and State Route 99, a distance Of approximately.'
· - 730.feet, as s~own on the hereinbefore referenced plans, and in
.j. GULF-STREET,
between Ethyl' Street and Standard Street, a distance of approximately
655 feet, as shown on the hereinbefore referenced plans.
Also including, but not'necessarily .limited. to the 10" diameter asbestos-
cement water pipes i'n:
a.' FAIRHAVEN DRIVE,
-- betWeen. Rosedale Highway and Gilmore Aven~e, a distance of approx-
imatelY 23!0 feet, as shown on the'hereinbefore ~eferenced plans,
and in
b. EAST DRIVE,
between Fairhaven Drive and ~ibson. Street, a distance of approx-
imately 643 feet, as shown on the hereinbefore referenced plans, and in
c. ROSEDALE HIGHWAY,
'Between Hilton Drive and Case Street', a distance of approximately
2835 feet, as shown on the hereinbefore referenced plans, and in
d. THOMAS STREET,
between Standard Street and Bergman Lane, a distance of approx-
imately 994 feet, as shown on the hereinbefore referenced plans, and in
EXHIBIT 4 ' 2 of 6
,. 'e. BERGMAN LANE,
between Thomas Street and Brian Way, a distance of approximately
430 feet, as shown on the hereinbefore referenced plans, and in
f. BRIAN WAY,
between Bergman Lane and Standard Street, a distance of approximately
746 feet, as shown on the hereinbefore referenced plans, and in
g. GILMORE AVENUE,
between Gibson Street and Standard Street, a distance of approximately
1380 feet, as.shown on the hereinbefore referenced plans, and in
h. BASS AVENUE,
Between' Calloway Canal and Gibson Street, a distance of appr'oximately
916 feet, as shown on the hereinbefore referenced plans, and in
i. IDLE AVENUE,
.betw6en Calloway.Canal and Gibson S~reet, a distance of approximately
661 feet,.as shown on.the hereinbefore referenced plans.
3..~EASEMENTS. ~...
All. easements, as'shown on the plans and specifications referenced in
Part 2 abo.ve,'.and further des.~ribed in-EXHIBIT 4 of this agreement.
" 4' .ACQUISITIONS .~ .. " '
· All' equipment and facility acquisitions to' be made by the Fairhaven
Industrial Fire Protection District-pursuant to the plans and specifi-
· cations referenced in Sections 2 and 3 above, and to the proceedings'
of Assessment D?strict Number 1 of the Fairhaven Industrial Fire
.. PrOtection District including, but not necessarily limited to:
' . a. DIESEL ENGINE DRIVEN FIRE PUMPS already~contracte~ for by the Fairhaven
~ Indust·rial Fire Protection District and to be supplied to the
contractor as owner furnished equipment and
b. A CASING consisting of twent~ lineal feet of 18" diameter steel
pipe installed in Shell Street,'as shown on the plans hereinbefore
referenced, at Station 8+73, and
c. NORTH PURP STATION SITE
being a portion of Parcel 2, of Parcel Map 2449, as shown on that.
certain parcel map recorded October 18, 1974, in Book 11 of Parcel
Raps at Page 138, in the office of the County Recorder of Kern County,
California, described as follows:
EXHIBIT 4 3 of 6,
Beginning at the Southwest corner of Section 14, T.29S, R.27E.. M.D.B.&M.,
thence S. 89o 11' 27" E a distance of 1215.50 feet (370.48 meters),
thence N. 630 52' 45" E a distance of 31.18 feet (9.50 meters) along
the center line of the Calloway Canal to a point on a non-tangent
curve concave Hortheasterly having a radius of 628'.11 feet (191.45
meters), a radi-al line to which point bears N. 23o 35' 32" E, thence
Northwesterly along said curve through a central angle of 15° 26' 01"
a distance of 169.19 feet (51.56 meters) to the TRUE POINT OF BEGINNING,
thence continuing along said curve through a central angle of 02o 44' 17"
a distance of 30..02 feet (9.15 meters), thence~N. 480 14' 10" W a
distance of 353.65 feet (107.79 meters), thence S 410 45' 50" W a
distance of 150.00 feet (45.72 meters), thence S 48°'14' 10" E a
distance of 239.44 feet (72.98 meters) to a point on the North line of
Pacific Gas and Electric Company's Right-of-Way, thence N89° 47' 58" E a
02"
distance of 184.30 feet (56.17 meters}, thence S 89o 12' E a
distance of 24.41 feet (7.44 meters) to the TRUE POINT OF BEGINNING.
Said parcel containing 1.06 acres-(0.43 hectares) more or less, and
EXISTING PIPELINES, constructed in anticipation of the ultimate
'formation~ of Assessment District Number 1 of Fairhaven Industrial
· Fire'-Protection District, and in accordance with the plans and specifi-
cations hereinbefore ~eferenced, including but not necessarily
llimited to: ~.~ .. ~.
1."FOSTER A~ENUE, "
'between Boylan Street and Standard Street, a distance of approx-
imately 1258 feet, as.shown on ~he hereinbefore referenced
plans, and in
2.' ATLAS COURT, .~. ..
. between the.Minkler Spur of the santa Fe Railway .and Standard
Street a distance of approximately 710 feet, as shown.on the
hereinbefore referenced plans, and in.
3..MITCHELL STREET, also known as TURcoN AVENUE,
between Gibson Street and Standard Street, a distanc~ of
approximately 1350 feet,'as shown on the hereinbefore referenced
plans., and in
4. BOYLAN STREET,
between Calloway Canal and Leeway Avenue, a distance, of
approximately 1740 feet, as shown on the hereinbefore.referenced
plans, and in
'5. LEEWAY.AVENUE,
between Boylan Street and Standard Street, a distance of
approximately 1265 feet, as shown on the hereinbefore referenced
plans.
EXHIBIT 4 4 of 6
J SEW GE DISP. OSAL 8 TREATMENT PLANT
NOT E
. ~ i SEE FOLLOWING PAGE FOR LISTING
I OF RECORDING INFORMATION OR
ACQUIRED EASEMENTS.
I
,
, ~ U. S. ROUTE VI - KER - 99 BAKERSFIELD BYPASS
I
AqREEMENT FOR THE ACQUISITION, CONSTRUCTION~
s .~,. OP~ERATION AND FINANCING OF THE FAIRHAVEN
, ~li~ . EXHIBIT NO. 4 SHEET 5
...... 1___ ' =, , ......... ~ __ ~_ ACQUIRED EASEMENTS OF 6 SHEETS
~'.
~'~ ~ FAIRHAVEN INDUSTRIAL FIRE PROTECTION DISTRICT
ACQUIRED EASEMENTS
No. Book Page
1. 5010 1040/1042
5010 1043/1 045
5083 1 925/1 926
5083 1927/1929
2. 5105 1838/1842
3~ 5256 .1297/1302
5256 1279/1282
~ 5256 1 283/1289
5256 1290/1296
4. 5256 t 274/1278
~ ~ 5256 1269/1273
: , ' 5256 ~1264/1268
.... ~ '~ 5256 ~1217/1220
~,~.~ 5256 1221/1228
. 5258 '- 2495/2498
5258 2499/2500
· 5259 ~ O001/0002
'5259 .. 0003/0006
5259 0007/001 0
5259 OO11/0014
6., 5256 1229/1233
7. 5256 1242/1245
5256 1246/1249
8. 525~6 1250/1258
~ 5256 1259/1263
9. 5256 1255/1258
Note:
All book/page references are official records of Kern County.
EXHIBIT 4 6 of 6
EXHIBIT 5
WATER USERS AGREEMENT
This Agreement dated , 19 ,
is by and between
(Grantors) and the CITY OF.BAKERSFIELD (Grantee).
WHEREAS, Grantor owns that certain property described in
Exhibit "A," attached hereto (the property), and owns over-
lying.water rights to extract and use groundwater; and
WHEREAS,~Grantee intends to construct or cause to. be con-
structed and intends' to operate a water production and trans-
portation ~ystem.which will provide ~ater'to G~an'tor's land;~
wHEREAS, 'rePaYment of construction costs and operation and
maintenance'of.said'-water distribution system will be dependent
· upon'revenues from the ~ale 'of water'; and
~EREAS, the parties'agree that'.it.is essential to~maxi-
-mize Public water sales and that'to accomPlish.this they must
minimize use of Privately produced water on the land of'
Grantors'and other.~andowners similarly situate~.
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
1. For valuable consideyation, receipt of which, is hereby
acknowledged, Grantor hereby grant~ and conveys the rights
set forth below subject to the conditions set'forth below,
to Grantee, relating to the property as described in Exhibit
"A "attached hereto;
~ 2. Grantor hereby irrevocably grants and conveys to
Grantee, as Trustee, the non-exclusive rights (a) to exercise
Grantors' overlying rights to groundwater; (b) to extract
percolating waters from, below and within the boundaries of
the property; and (c) to use and distribute such water on
lands owned by Grantor and lands not owned by Grantor served
by Grantee in accordance with California law. This trust
shall be ~for the benefit of all persons entitled to water
from ~the Grantee. ~' "
3. Grantor. declares that this Trust is created for the
public purpose of aiding the Grantee in supplying~water to
its 'water users and that. it~is the intention of Grantor to
,'create a'charitable trust by this instrument.~
'4. ACCeptance Of'this instrument~ by Grantee shall not
be construed as'l'imiting Grantee's tights independent of
this instrument-to extract;percolating.water from the ground-
water basin'within .Grantee's boundaries and distribute and
use said water on lands owned by Grantor and lands, not'owned
by Grantor. ..." ~..
5. -Nothing contained in this'instrument shall'be con-
strued as a' severance of Grantor'.s water rights as an over-
'lying land owner. Grantor retains'.the non-exclusive right,
to"the extent it otherwise exists, to extract groundwater
'for use on the property; provided, however, that Grantor shall
not exercise said right by means of'any well located either
o~ or off the property ~xcept as follows: Grantor may acti-
vate and produce water from any well on the property if, and
to 'the extent .that (a) Grantee, due to emergency, conditions,
is unable to deliver an adequate supply of potable water to
the property but only as to such deficiency during the period
~f its existence; or ~(b) water is produced for limited testing
or maintenance purposes but only to the extent that the water
produced is not used by Grantor for beneficial purposes.
~ 6. 'Grantor agrees to connect to Grantee's water pro-
duction and.distribution system within slx (6) months after
execution ~gf this contract and to use water from said system
exclusively_on the property, except as provided in Paragraph 5.
~7. ~ ."in ~the event~ Grantor Violates this agreement by
~tiliz.ing"wa.te~ from pr£vate sources on the property, Grantor.
agrees to pay to Grantee that amount of money Grantor would
have paid to Grantee had such water been'purchased ~from
Grantee.and delivered~through Grantee!s distribution 'system.
Grantor agrees .t~ report to'~Grantee, any utilizatio~ of'a~
private well or water therefrom on-the~property~
GRANTORS: CITY OF BAKERSFIELD, GR~XNTEE:
--
CERTIFICATE OF ACCEPTANCE
This is to certify .that the interest in rea.1 property
conveyed by the above Agreement dated ,
19 , from
to the CITY OF BAKERSFIELD, and the trust set forth therein,
is hereby accepted by the undersigned officer on behalf of
the CITY OF BAKERSFIELD, pursuant to authority conferred by
· Resolution of the
adopted on , and the CITY consents to the
~'.recording thereof.
Dated:
CITY 0~..BAKERSFIELD
.... By:
EXHIBIT 6
LIABILITIES OF THE FAIRHAVEN INDUSTRIAL
FIRE PROTECTION DISTRICT
A. DIRECTORS FEES
a. Fees from January 3, 1977, through
November 15, 1979 $ 7,350.00
b. Estimated fees to complete project $ 5,150.00
~TOTAL $ !2,500.00
B. ATTORNEYS FEES .'
a. Attorneys fees for District formation $ 6'244.65
b. Contract fee for 1911 Act abandonment '$~. 5,000.00
c. Retainer danuary 1978, thro'ugh~
November, 1979 · $ 4,600.00
.. · TOTAL .$ 15,844.65
~·~ .. PAID TO DATE $ 6,244.65
,-',-,~ . ... AMOUNT DUE $ 9,600.00
EXHIBIT 6 1 of 1
N( ~T{-I OF R~VER SANITARY DISTR~CT
........ I ',. SEWAGE~ OISPOSAL ~ TREATMENT PLANT
PROJECTED
FAIRNAVEN WATER SYSTEM
COST ANALYS I S
1st 2nd
Year Year
REVENUES:
Domestic Water Sales $ 107,500.00 $ 145,000.00
Construction Water Sales 2,200.00 2,900.00
Fire Service Charge 9,600.00 21,600.00
Other Water Sales
(area bought from California
Water Service) 23,600.00 23,600.00
Standby Fee -0- -O-
TOTAL REVENUES $ 142,900.00 $ 193,100.00
EXPENSES:
Operational $ 32,100.00 $ 44,700.00
Administrative 47,900.00 58,100.O0
TOTAL EXPENSES $ 80,000.00 $ 102,800.00
NET OPERATING INCOME
(Before Depreciation) $ 62,900.00 $ 90,300.00
Depreciation 62,500.00 60,900.00
$ 400.00 29,400.00
PROPOSED
ITY OF BAKERSFIELD
RATE OF 'SCHEDULE
FAIRHAVEN WATER DIVISION
General Metered Service
First 300,000 cu. ft.
per 1OO cu. ft. $ 0.420
All over 300,000 cu. ft.
per 100 cu. ft. ~ 0.350
Service Charge (per meter per month)
5/8" x 3/4" meter $ 5~45
3/4" " 5.99
1 " " 8.18
~l 1/2" '~ 10.89
2" " 14.70
3" " 26.53
4" " 36.O9
6" " 59.96
8" " 89.14
February 13
Board of Directors
Kern Delta Water District
Del Kern Station
P. O. Box 155
Bakersfield, CA 93307
Gentlemen:
The City of Bakersfield is in receipt of your Supplemental Draft
Environmental Impact Report, "1979 Systems Improvement Project for
Kern Delta Water District" dated January, 1980 prepared by Boyle
Engineering. We note therein that the District is proposing canal
modifications to "increase flow capacity" and the construction of
storage/groundwater recharge reservoirs to allow your District to
"increase utilization of water occurring under District-owned rights
from the Kern River."
As you know, the Kern Delta Water District has joined the North Kern
Water Storage District and the' City of Bakersfield in the creation of
what is known as the "First Point Committee." At its first meeting
on February 22, 1979, that Committee established certain objectives
and identified certain differences that were to be discussed, nego-
tiated and hopefully resolved by the Committee. The minutes of the
first meeting state:
"The principal difference seems to be the quan-
tification of the limitation on Kern River sur-
face water use by Kern Delta. This will require
evaluation of historic use, including canal seepage,
in the Kern Island Water'Company service area (now
owned by Kern Delta.)"
"The following differences among North Kern,
Kern Delta and the City of Bakersfield were
identified:
1. Determining and further defining Kern
River First Point water rights:
150l TRUXTUN AVENUE · BAKERSFIEL. D. CAI. IFORNIA 93301 · 1'805t 86t-27'1S
~Dard of Directors
Kern Delta Water District
Februar~ 13, 1980
Page Two
(a) Kern Delta historical uses --
(1) Definition as to type of
use, i~cluding non-irrigation
uses, such as replenishment,
(2) Area of use --
a. Defining public utility
service areas.
b. Exchange or sale of water
which does not adverse
others.
(3) Extent of use -- actual capacity
of facilities and historic
quantities use."
The City, North Kern and Kern Delta have expended considerable sums
of money during the past year on computer studies which will permit
the parties to discuss, negotiate and hopefully work out these dif-
ferences. Until such time as the parties are able to agree on the
amount of, and limitations on, Kern River surface water use by the
various parties, the City feels that it would be entirely inappro-
priate for your District to take action designed to increase the
use of Kern River water either by increasing facility capacity or
changing the type of use.
It has 'been our view that the three governmental entities have been
acting in good faith and as expeditiously as possible to amicably
resolve these and other outstanding issues which exist between them.
Any attempt to change the status quo at this time, prior to a reasoned
resolution of these problems, may seriously prejudice these efforts.
We do not wish to prejudge these issues, but if forced to do so by
premature action on the part of your Board, we would conclude that
no such rights exist.
It is self-evident that the expenditure by your District of substantial
sums of money for the creation of facilities designed to use additional
water, your right to which is currently in question and being negotiated,
would have an adverse effect on yourability and willingness to compromise
and work out these problems. This, in turn, would call into question
your District's good faith in supporting the First Point Committee's
efforts. For this reason we think it is incumbent that you avoid any
~B~oard of Directors
~ern Delta f~;ater District
Februa~; 13, 1980
Page Three
expenditure of funds for construction of facilities which would ex-
pand your District's ability to utilize Kern River Water, pending
a clear agreement between the First Point interests that such rights,
exist. Such expenditures are not in the best interests of either
your District or the other First Point water rights holders at this
time.
The City has no intention of altering its position regarding the
existence or non-existence of such rights on the basis of any argument
~which may be made by the Kern Delta District that it is expending, or
has expended, substantial sums of money to utilize water, the right
to which has yet to be determined. Any expenditure of funds actually
made for such facilities will, of necessity, be entirely at the risk
of your District and will not and cannot serve to enlarge, or in
any other way affect, any existing or historical rights which Kern
Delta presently enjoys.
The City would like to re-emphasize its ongoing willingness to work
within the established framework of the First Point Committee to
resolve these differences. We would hope that the Kern Delta District
would renew its efforts in this regard and take no action which would
jeopardize or impair these pending negotiations.
Sincerely,
James J. Barton, Chairman
City of Bakersfield Water Board
JJB: lh