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AGE N D 'A
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WATER BOARD - CITY OF BAKERSFIELD
WEDNESDAY, JUNE 2,1982
12:00 P.M.
Call meeting to order
Roll Call - Board Members: Barton, Chairman; Payne, Ratty, Kelmar,
Oberholzer
1. Approve minutes of Water Board meeting of April 21, 1982.
2. Scheduled Public Statements
3. Acceptance of the completed Fairhaven Water System pursuant to
Agreement No. 80-36 ("Agreement for the Acquisition, Construction,
Operation and Financing of the Fairhaven Water Distribution System").-
BOARD TO RECOMMEND ACCEPTAHCE BY CITY COUNCIL.
4. Rate schedule for the Fairhaven Water Service Area. - BOARD TO
RECOMMEND ADOPTION BY CITY COUNCIL.
5. Agreement with Tumblin Construction Company for water service
in the Fairhave Water System. - BOARD TO RECOMMEND APPROVAL BY
CITY CQUNCIL.
6. Special Facilities Agreement for water facilities in Tracts
A188, 4189, and 4190. - BOARD TO RECOMMEND APPROVAL BY CITY
COUNCIL.
7. Staf£ Comments
8. Board Comments
9. Adjournment
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M I NUT E S
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WATER BOARD - CITY OF BAKERSFIELD
WEDNESDAY, APRIL 21, 1982
4:00 P.M.
¡ The meeting was called to order by Chairman Barton in the
L Department of Water Conference Room.
The secretary called the roll as follows:
Present: Barton, Payne, Ratty, Kelmar, Oberholzer
Absent: None
The minutes from the regular meeting of April 7, 1982, were
approved as presented.
At this time an Engineering Agreement for final design and
construction of Beardsley and Rocky Point river weirs was
presented to the board. City will act as lead agency in
the reconstruction of these jointly owned facilities. Mr.
Bogart outlined the details of the agreement for board and
staff. After discussion, Mr. Oberholzer made a motion that
, the agreement be approved subject to the ceiling of $175,000
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for both agreements and, also, subject to the approval of the
City Attorney. The motion was passed.
Calloway Canal Agreement between City of Bakersfield, North
Kern Water Storage District and Improvement District #4,
setting forth the terms and conditions for use of the Calloway
I. Canal by I.D.#4 was brought before the board. At this time
::~ Mr. Ratty made a motion that the agreement be approved subject
"," II to the terms and, also, subject to clarification of language
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on paragraph dealing with the annual escalation clause.
At this time the 1982-83 Agricultural Water Enterprise Budget
was presented to the board. The budget this year consists of
two (2) seperate components as follows:
A) "1982-83 Operations and Capital Outlay Budget".
B) "1982 Water Price and Sand Sale Schedule".
After discussion between board and staff Mr. Oberholzer made
the following motions:
A) The "1982-83 Operations and Capital Outlay Budget"
be recommended as presented to City Council for
approval. The motion was passed.
B) The "1982 Water Price and Sand Sale Schedule be
recommended as presented to City Council for
approval. The motion was passed.
STAFF COMMENTS
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,t,: At this time Mr. Bogart gave a current update on imported water
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~ operations involving the Friant Kern, Kaweah as they pertain
to the Kern River operations.
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BOARD COMMENTS
At this time Mr. Ratty made a motion-that the regular Water
Board Meetings be changed from Wednesdays at 4:00 P.M. to
Wednesdays at 12:00 noon. At this time Resolution No. 1-82 W.B.
was established making this change and adopted by the following
roll call vote:
AYES: Barton, Payne, Ratty, Kelmar, Oberholzer
NOES: None
ABSENT: None
There being no further business to come before the board,
Chairman Barton adjourned the meeting at 4:55 P.M.
James J. Barton
City of Bakersfield Water Board
Linda Hostmyer, Secretary
City of Bakersfield Water Board
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RESOLUTION NO. 1-82 W.B.
A RESOLUTION OF THE CITY OF BAKERSFIELD
WATER BOARD SETTING THE TIME AND PLACE
OF ITS REGULAR MEETINGS AND ADOPTING
RULES FOR CONDUCT OF MEETINGS.
BE IT RESOLVED by the City of Bakersfield Water
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Board that the regular meetings of the Board shall be held
at the City of Bakersfield Department of Water, 4101 Truxtun
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Avenue, Bakersfield, California, each Wednesday, at 12:00
noon.
BE IT RESOLVED that this Resolution is repealing
Resolution No. 77-1 W.B. dated July 21, 1977. '
BE IT FURTHER RESOLVED the rules and regulations
followed by the City Council shall be used in the conduct
of meetings of the Board.
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I HEREBY CERTIFY that the foregoing resolution was
passed and adopted by the Water Board of the City of Bakersfield
at a regular meeting thereof on the 21st day of April, 1982,
by the following roll call vote:
AYES: Barton, Payne, Ratty, Kelmar, Oberholzer
NOES: None
ABSENT: None
James J. Barton, Chairman
City of Bakersfield Water Board
Linda Hostrnyer, Secretary
City of Bakersfield Water Board
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, WATER BOARD -,CITY OF BAKERSFIELD
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ITEMS FOR AGENDA
Agenda Section' New Business
Requesting Department Public Works 0
Date for Water Board 'Action June 2, 1982
1. Description- of Item:, Acceptance of the completed Fairhaven Water System
pursúant to Agreement No. 80-36 ("Agreement for the Acquisition,
Construction, Operation and Financing of the Fairhaven Water Distri-
bution System").
2. Conunents: The Fairhaven Industrial Fire Protection District Board has
completed the water system and has taken action to transfer the
.system to t~~ City or Bakersfield .in accordance with the agreement.
The Public Works Department has reviewed the completed work and
recommends acceptance of the facilities.
3. Suggested Action: Board to recommend acceptance by City Council.
4. Attachments:
Director of Public Works
AP~Y M~~
NOTE: Items for Water Board Agenda are, to be submitted prior to 10 a.m. Friday
for the Wednesday meeting of the following week.o
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< WATER BOARD - CITY OF BAKERSFIELD
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. ITEMS FOR AGENDA
Agenda ~ection New Business
Requesting Department Public Works
Date for Water Board Action June 2, 1982
1. Description of Item: Rate schedule for the Fairhaven Water Service Area.
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2. Comments: The City will soon be selling water within the Fairhaven area.
The Public Works Department recommends that the Ashe Water rates be
adopted for the Faithaven System until such time as adequate informa-
tion is available for a rate study.
3. Suggested Action: Board to recommend adoption by City Council.
4. Attachments: Memorandum and Rate .Schedule.
Director of Public Works
APPr~an~
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NOTE: Items for Water Board Agenda are. to be submitted prior tolD a.m. Friday
for the Wednesday meeting of the following week.
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Proposed W<ttcr Service Rates
Genera] Metered Service
Fisca¡ Year fiscal.Year Fiscal Year
Service Charge* 1981.-82 1982-83 1983-84
~r meter per month) Within .Outside With in- Outside Within Outside
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5/8" x 3/4" meter $4.59 $6.43 $5.05 $7.07 $5.30 $7.42
3;"'" meter 5.05 7.07 5.56 7.78 5.84 8. ¡ 7
1" meter 6.89 9.65 7.58 10.62 7.96 11 . 15
1-1/2" meteT 9.18 J2.85 10.10 14.14 .10.61 14.85
2" meter 12.39 17. .,5 13.Ú:'¡ 19.09 14.31 20.05
3" meter 22.36 31. 31 24.60 34.44 25.83 3<J . J 6
4" meter 30.42 42.59 33.46 46.85 35.13 49.19
6" meter 50.54 70.75 55.59 ' 77.83 58.37 81.72
8" meter 75.13 105.19 82.64 115. 71 86.77 121.50
General Metered Service
Service Within the
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City limits:
First 300,000 cu.ft.
per 100 cu. ft. $0.354 $0.389 $0.409
Allover 300,000 cu. ft.
pCI' 100 cu. ft. $0.295 $0.325 $ O. 341
Service Outside of
Ci ty limit~:
First 300,000 cu. ft.
per 100 cu. ft. $0.496 $0.546 $0.573
A]] over 300,000 cll.ft.
per 100 cu. ft. $0.413 $0.454 $0.477
Proposed Water Service Rates
General Flat Service**
Within Outside
Residentia 1 20.00 28.00 -0- -0- -0- -0-
Commercial 33.33 46.67 -0- -0- -0- -0-
*The service charge is a readiness-to-serve charge to whicll is <tdded the charge
for water used during the month.
**This is an interim rate only to be used unt-j 1 the facilities are metered. I
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I ; , WATER BOARD - CITY OF BAKERSFIELD
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ITEMS FOR AGENDA
Agenda Section New Business
Requesting Department Public Works
Date for Water Board Action June 2, 1982
1. Description of Item: Agreement with Tumblin Construction Co. for water
service in the Fairhaven Water System.
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.2. Comments: The agreement provides the terms and conditions for installation
of water facilities for domestic, industrial and fire protection uses
to 1.5 acres, located at the north end of Standard Street, adjacent
, to 99 Freeway. The developer is responsible for constructing approxi-
mately 310 feet of 12" AC water main to the property, pIlls a connection
fee of $2,000 per acre.
3. Suggested Action: Board to recommend approval by City Council.
4. Attachments: Agreement.
Director of Public Works
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Appr~ved, Ci Ma~ ger .
NOTE: Items for Water Board Agenda are to be submitted prior to 10 a.m. Friday
for the Wednesday meeting of the following week.
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AGREEMENT NO.
THIS AGREEMENT, made and entered into this day
of ,19---, by and between the person or
persons listed in Paragraph 1 hereof, hereinafter collectively
referred to as "Developer," and CITY OF BAKERSFIELD, a municipal
corporation, hereinafter referred to as "City."
WIT N E SSE T H:
WHEREAS~ the Developer is developing that certain
subdivision of real property situate, lying and being in the
County of Kern, State of California, located within the North
half of Section 14, Township 29 South, Range 27 East, containing
,"- one and forty-eight hundredths (1.48) acres, more or less, in
accordance with the Kern County Assessor's Parcel Number
116-010-23-00-40, and which is hereinafter referred to as the
"Subdivision;" and
WHEREAS, Developer desires to have water service
available in the parcel through and by means of mains and appurtenances,
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and by services (including service pipes, fittings, gates,
housings, meter boxes, wells, pumps, storage tanks and facilities),
hereinafter referred to as the "Facilities," to be installed
therein substantially as shown on attached drawing as prepared
by the Developer attached hereto, marked Exhibit "A" and by this
reference made a part hereof; and
WHEREAS, upon the -terms and conditions herein set
forth, Developer is willing to install the Facilities, or cause
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the same to be installed, at its own expense, all in accordance I
with the provisions hereinafter set forth.
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NOW, THEREFORE, for and in consideration of the
premises and of the mutual covenants, agreements, tenns and
provisions herein contained, it is agreed as follows, to wit:
1. Developer. The names, addresses and descriptions
of the person or persons herein collectively referred to as
"Developer" are as follows:
NameAddress
TUMBLIN COMPANY 2901 "H" Street
Bakersfield, CA 93301
2. Inclusion In System. Upon and subject to the
terms and conditions hereinafter set forth, City agrees to
include Developer's Subdivision within the service area of the
Fairhaven Division of the City of Bakersfield Municipal Water
System and to provide Domestic Water and Water for Fire Protection
service under the prevailing water rate which may be changed
from time to time as the City sees fit.
3. The Developer herein agrees to deposit with City a
Developer's fee of Two Thousand Dollars ($2,000.00) per acre,
which amounts to Two Thousand Nine Hundred Sixty Dollars ($2,960.00),
more or less, for -the Developer's Subdivision of one and forty-
eight hundr~dths (1.48) acres, more or less, said deposit to be
made within sixty (60) days of this Agreement.
I 4. Engineering and Inspection Fee. City's cost
relative to preparing or reviewing plans, specifications and cost
estimates for the Facilities is $ N/A , and City's cost in
supervising and inspecting installation of the Facilities is
Three Hundred Ninety-Four Dollars ($394.00). City hereby acknowledges
receipt from Developer of Three Hundred Ninety-~our Dollars
($394.00), representing the total of said costs.
5. Installation of Facilities.
(a) Developer agrees to install the Facilities,
or cause the same to be installed, at its own expense on or
before July 30, 1982. The Facilities shall be installed strictly
in accordance with the specifications attached hereto, marked ¿-
Exhibit "B" and by this reference made a part hereof, and
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the installation thereof shall be subject to the approval of
:1 Ci ty in all respects. The ?acili ties shall be installed by
Developer or by a contractor, hereinafter referred to as "said
contractor," selected by Developer.
(b) Installation of the Facilities shall be
subject to the inspection and approval in all respects.
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i (c) Title to the Facilities shall vest in City
in accordance with the provisions of Paragraph 7 hereof.
(d) Developer 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
workmanship. City's acceptance of the Facilities, as provided
in Paragraph 7 hereof, shall under no circumstances be deemed to
constitute approval of such materials and workmanship for purposes
of the precedi~g sentence.
(e) The Developer agrees to provide utility
easements for all water mains and other facilities required
pursuant to the terms of this Agreement. These easements shall
be granted to the City for the operation, maintenance, and
replacement of the water facilities.
6;' Indemnity - Insurance.
(a) City shall not be responsible or held liable
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in any manner whatsoever for any injury or damage which may be
done to any person or property in the course of installation of
the Facilities by or on behalf of Developer or which may result I
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from such installation, and Developer agrees to indemnify City
and hold free, safe and harmless of, from and against any and
all liability for the death of, or injury to, any person and for
the loss of, or damage to, any property which may result from
such installation, and Developer 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. Developer?' I
expressly agrees that the agreements contained in this paragraph'
shall survive the performance of the remainder of this Agreement
and shall remain in full force and effect nothwithstanding such
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performance. Developer further agrees that durlng the perle ¡
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beginning with the commencement of construction of the Facilities'
and terminating upon final acceptance of the same by City, the
following insurance will be maintained in full force and effect
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by Developer or said contractor (if the Facilities are to be ;
installed by said contractor) without cost or expense to City:
(i) Bodily injury liability insurance with limits of not less
than THREE HUNDRED THOUSAND DOLLARS ($300,000.00) per person and
FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) per occurrence and
(ii) property damage insurance with a limit of not less than ONE
HUNDRED THOUSAND DOLLARS ($100,000.00) per accident, insuring
City against any and all liability for the death of, 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 course of installation of the Facilities or
I ,which may resul t from such installation, and further insuring
City against all costs and expenses incurred by City 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 qualified to do and doing business in the State of
California;" (B) shall name City as an additional insured; (C)
shall specify that it acts as primary insurance and that no
insurance effected by City shall be called upon to cover a loss
under the policy so procured by Developer; (D) shall provide
that the policy shall not be cancelled or altered without thirty
(30) days' prior written notice to City; and (E) shall otherwise
be in form satisfactory to City. Each such policy or a certificate
thereof shall be delivered to the City Finance Operations Manager
concurrently with execution of this Agreement.
(b) An endorsement or a certificate thereof to
the workers' compensation insurance policy of Developer or said
contractor (if the Facilities are to be installed by said contractor),
providing that the underwriter thereof waives all right of J
subrogation against City by reason of any claim"arising'out of ' '.';'
or connected with installation of the Facilities, shall be
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I delivered to City concurrently with execution of this Agreement.
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Said endorsement shall provide that it shall not be cancelled or
altered without thirty (30) days' prior written notice to City.
7. Title to Facilities. Title to each part or
portion of the Facilities shall pass to City forthwith as each
such part or portion thereof shall be installed, regardless of
whether the same shall be installed by Developer 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 the Facilities as being installed in
accordance with said specifications, Exhibit "B" hereto. Such
acceptance may only be effected by appropriate written notice
from City to Developer. Developer warrants that upon such
passage of title, thè title shall be free and clear of and from
any and all liens, charges and encumbrances whatsoever.
8. Street Grades. If the Facilities are installed
in easements or rights-of-way as to which final grades have not
been established or in streets whose grades have not been brought
to those established by public authority prior to acceptance by
City, Developer, upon written notice by City, shall deposit with
City forthwith the estimated cost, as determined by City, of
relocating, raising or lowering ,the Facilities, which deposit
shall be made within the ten (10) days after City has ascertained
such actual cost. The net deposit representing actual cost
shall not be subject to refund. City shall refund the entire
deposit relating to such proposed relocations, ràising or lowering
when appropriate authority determines that such displacements
are not required.
9. Developer's Bond. Concurrently with execution of
this Agreement, Developer shall deliver to City a surety bond in
the aggregate amount of $ 14,765.00 (to be determined at the
time of mainline installation), 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,'
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guaranteeing unto City (a) the performance by Developer and said
contractor of all the obligations contracted to be performed
hereunder, (b) installation of the Facilities in accordance with
te provisions hereof, (c) vesting in City of title to the Facilities
in accordance with the provisions hereof, (d) reimbursement of
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 workmanship, and (e)
payment in full by Developer or said contractor of the claims of
all persons performing labor upon or furnishing material or power
to be used in the Facilities.
10. Notices. Any notice which it is herein provided
mayor shall be given by either"party to the other shall be
deemed to have been duly given when deposited in the United
States mail, registered or certified, postage prepaid and addressed
to the party to whom such notice is given at the following
respective addresses:
To Developer: TUMBLIN COMPANY
290l."H" Street
Bakersfield, CA 93301
Tô City: CITY OF BAKERSFIELD
City Hall
1501 Truxtun Avenue
Bakersfield, CA 93301
Attn: Domestic Water Superintendent
Either party, by notice given as hereinbefore provided,
may change the address to which notice shall thereafter be
addressed.
11. Successors and Assigns. The provisions of this
Agreement shall inure to the benefit of and shall bind the
respective heirs, executors, administrators, successors and
assigns of the parties hereto.
6.
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IN WITNESS WH~REOF, the parties hereto have caused this
Agreement to be executed the day and year first-above written. !
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CITY OF BAKERSFIELD
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By
Mayor
:
APPROVED AS TO FORM:
City Attorney
COUNTERSIGNED:
Assistant City Manager-Finance
TUMBLINC
By
nDeveloper"
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AJS:mm - 5/14/82 7.
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CITY 0 F BAKERS FI ELD
SPECIFICATIONS FOR WATER MAIN EXTENSIONS
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
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 tò 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 properly 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 I
compacted by means that wilJ 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 timbers shall be
drawn in a manner that will prevent caving of the walls of the excavation or other load 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 t~is purpose shall be sand or selected granular material that is tree from t
rocks and lumps. The material shall be carefully compacted under and around the pipe. 'I
The remaining trench depth shalf 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 I
layers of approximately 8 inches loose depth and each layer shall be thoroughly compacted to 90 percent of (:
maximum density. . '!'" - ,I
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WATER BOARD - CITY OF BAKERSFIELD
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ITEMS FOR AGE~1)A
Agenda Section New Business
Requesting Department Public Works
Date for Water Board Action - June 2, 1982
1. Description of Item: Special Facilities Agreement for water facilities
in Tracts 4188, 4189, and 4190.
.
2. Comments: This agreement provides the terms and conditions for installation
of water facilities for domestic and fire protection uses within the tracts.
The agreement requires the reimbursement of $14,000 by the City to developer
(fùnds are available as per Council Action on December 16, 1981) for the
oversizlng of the storage reservoir. '
In addition, these facilities benefit prop,erty adjacent to the tracts and
as adjacent developers connect to the water facilities, they will reimburse
the City $14,000 and the developer of Tracts 4188,4189, and 4190 a sum of
$142,848. These tracts are located south of Stockdale Highway, a quarter
of a mile west of Allen Road, and contain approximately 79 acres.
3. Suggested Action:
Board to recommend approval by C~ty Council.
4. Attachments: Agreement.
Director of Public Works
~~~
Approved, Ci y ManéÍg '-- .
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NOTE: Items for Water Board Agenáa are to be submitted prior to 10 a.m. Friday
for the Wednesday meeting of the following week.
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AGREEMENT NO.
THIS AGREEMENT, made and entered into this day
of ,19 , by and between the person or
persons listed in Paragraph 1 hereof, hereinafter collectively
referred to as "Developer," and CITY OF BAKERSFIELD, a municipal
corporation, hereinafter referred to as "City."
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WIT N E SSE T H: ¡
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WHEREAS, the Developer is developing that certain
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subdivision of real property situate, lying and being in the '
County of Kern, State of California, which are known as Tract
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Maps 4188, 4189 and 4190 located wi thin the West half of the ~,
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Northeast quarter of Section 2, Township 30 South, Range 26
East, containing seventy-nine and thirty-six hundredths (79.36)
acres, more or less, in accordan~e with Kern County Assessor's
Parcel Number; or the map thereof filed in the Office of
the County Recorder of said County on the day of , r
. 1 f . . ~
in Vo ume 0 Maps at Page and, and Wh1Ch 1S f
hereinafter -referred to as the "Subdivision;" and
WHEREAS, Developer is now selling, or proposes in the
near future to sell, lots or develop in the subdivision and/or
Parcel Map and to this end desires to have water service avail-
able in the subdivision and/or Parcel Map through and by means f
t.
of mains and appurtenances, and by services (including service
pipes, fittings, gates, housings, meter boxes, wells, pumps,
storage tanks and facilities), hereinafter referred to as the
"Facilities," to be installed therein substantially as shown on
that certain map prepared by the Developer attached hereto, .
ma rked Exh ib it n A n and by th is re fe rence made a part hereof, and I
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WHEREAS, the installation of the Facilities and
furnishing of water service by means there~f are necessary and
valuable adjuncts to the sale of lots in the Subdivision and
will materially increase the value of said lots; and
WHEREAS, upon the terms and conditions herein set
forth, Developer 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.
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. Developer. The names, addresses and descriptions
of the person or persons herein collectively referred to as
nDeveloper" are as follows:
Name Address
jOHN FRIIS JACOBSEN 79l7.0livè Drive . t
LIVING TRUST Bakersfield, CA 93308
2. Inclusion In System. Upon and subject to the
terms and conditions hereinafter set forth, City agrees to
include Develope~~s Subdivision within the service area of the
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Ashe Division of the City of Bakersfield Municipal Water System!
and to pro~ide Domestic Water and Water for Fire Protection ~
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service under the prevailing water rate which may be changed !
from time to time as the City sees fit. Such service shall be ,'.
provided upon completion by Developer of the Facilities and
acceptance thereof by the City, units of which may be accepted
separately and progressive.
(a) The Developer herein agrees to install all
necessary water facilities, both the distribution system and the
water supply system, in accordance with the provisions of
,
Paragraph 4 hereof. I~!
(b) The City shall refund to the Developer the i
difference between the actual cost of installing the water supply i
system, estimated to be THREE HUNDRED TEN THOUSAND FIVE HUNDRED:; (
,! DOLLARS ($310,500.00), and the portion of such cost attributable
to facilities serving Developer's property (i.e., ONE HUNDRED.
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FORTY-TWO THOUSAND EIGHT HUNDRED FORTY-EIGHT DOLLARS ($142,848.00),
or forty-six percent (46%) of such actual cost, whichever is
greater. Such refund shall be made from time to time as availability
fees are collected from developers of other properti~s connecting
to the system, and shall be not less than fifty percent (50%) of
availability fees so collected. The total of such refund shall
.
not exceed difference between the actual cost of the water supply
system and that portion of such cost attributable to facilities
.
serving the Developer's property, or forty-six percent (46%) of
the actual cost of the system, whichever is greater. Annual
interest at the rate of twelve percent (12%) shall be payable
upon the balance of such refund due, ~easured from the date the
City accepts the water supply system. In no event shall the
City's general fund be obligated for payment of any portion of
such refund or interest thereon.
(c) . 1'he City shall reimburse the Developer for increasing
the water storage tank capacity at Pumping Plant No. 12 from
126,000 gallons to 210,000 gallons the amount of FOURTEEN THOUSAND
DOLLARS ($14,000.00). Such amount shall be paid upon City
acceptance of the -water storage facilities.
3. Engineering and Inspection Fee. City's cost in
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engineering and inspecting installation of the Facilities is
ELEVEN THOUSAND THREE HUNDRED SIXTY-EIGHT DOLLARS ($11,368.00).
City hereby acknowledges receipt from Developer of SIX THOUSAND
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NINE HUNDRED NINETY-NINE DOLLARS ($6,999.00), representing the I
¡
portion of said costs for Tract 4188. Upon completion of ¡
installation of the Facilities, City will connect, or cause to
be connected, the same to its existing mains and submit a statement ¡
¡
of the cost thereof to Developer, which sum Developer agrees to
pay promptly to City.
,
4. Installation of Facilities. ¡
(a) Developer agrees to install the Facilities, I
or cáuse the same to be installed, at its own expense on or f
~ before December~3l, 1983. The Facilities shall be installed I
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strictly in accordance with the specifications attached hereto, f
marked Exhibit nBn and by this reference made a part hereof, and I
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the installation thereof shall be subject to the approval of
City in all respects. The Facilities shall be installed by
Developer or by a contractor, hereinafter referred to as "said
contractor," selected by Developer.
(b) Installation of the Facilities shall be
ßubject to the inspection and approval in all respects.
(c) Title to the Facilities shall vest in City
in accordance with the provisions of Paragraph 6 hereof.
(d) Developer 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
workmanship. 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 workmanship for purposes
of the preceding sentence.
(e) The Developer agrees to provide utility
easements for all water mains and other facilities required
pursuant to the terms of this. Agreement. These easements shall
be granted to the" City for the operation, maintenance, and
replacemen~" of the water facilities.
.
5. Indemnity - Insurance.
(a) City shall not be responsible or held liable
in any manner whatsoever for any injury or damage which may be
done to any person or property. in the course of installation of
the Facilities by or on behalf of Developer or which may result
from such installation, and Developer agrees to indemnify City
and hold free, safe and harmless of, from ~nd against any and
all liability "for the death of, or injury to, any person and for
the loss of, or damage to, any property which may result from
such installation, and Developer 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 inj ury or damage to any person or'. property. Developer " "
expressly agrees that the agreements contained in this paragraph
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shall survive the performance of the remainder of this Agreement
and shall remain in full force and effect nothwithstanding such
performance. Developer ~.Jrther agrees that during the period
beginning with the commencement of construction of the Facilities
and terminating upon final acceptance of the same by City, the
following insurance will be maintained in full force and effect
by Developer or said contractor (if the Facilities are to be
installed by said contractor) without cost or expense to City:
(i) Bodily injury liability insurance with limits of not less
than THREE HUNDRED THOUSAND DOLLA~~ ($300,OOO~OO) per person and
FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) per occurrence and
(ii) property damage insurance with a-limit of not less than ONE
HUNDRED THOUSAND DOLLARS ($100,000.00) per accident, insuring
City against any and ~ll liability for the death of, or injury
to, any person and for the loss of, or damage to, any property,
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respectively, which may arise by reason of acts done, or omitted
to be done, in the course of installation of the Facilities or
which may result from such installation, and further insuring
City against all costs and expenses incurred by City 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 qualified to do and doing business in the State of
California; (B) shall name City as an additional insured; (C)
\
shall specify that it acts as primary insurance and that no
insurance effected by City shall be called upon to cover a loss
under the policy so procured by Developer; (D) shall provide
'that the policy shall not be cancelled or altered without thirty
(30) days' prior written notice to City; and (E) shall otherwise
be in form satisfactory to City. Each' such policy or a certificate
thereof shall be delivered to the City Finance ope~ns Manager
concurrently with execution of this Agree~
(b) An endorsement or a~rtificate thereof to :
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the workers' compensation insurancf>/'poJ:.icy of Developer or said \:. -,
contractor (if the Facilities are to be installed by said contractor),
providing that the underwriter thereof waives all right of
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shall survive the performance of the remainder of this Agreement
and shall remain in full force and effect nothwithstanding such
performance. Developer further agrees that during the period
beginning with the commencement of construction of the Facilities
and terminating upon final acceptance of the same by City, the
following insurance will be maintained in full force and effect
by DeveÎoper or said contractor (if the Facilities are to be
installed by said contractor) without cost or expense to City:
(i) Bodily injury liability insurance with limits of not less
than THREE HUNDRED THOUSAND DOLLARS ($300,000.00) per person and
FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) per occurrence and
(ii) property damage insurance with a limit of not less than ONE
HUNDRED THOUSAND DOLLARS ($100,000.00) per accident, insuring
City against any and all liability for the death of, 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 course of installation of the Facilities or
which may result from such installation, and further insuring
City against all costs and expenses incurred by City in resisting
any claim which måy be made against City for any such injury or
damage to ~ny person or property. Each such policy (A) shall be
issued by an insurance company approved in writing by City,
which is qualified to do and doing business in the State of
California; (B) shall name City as an additional insured; (C)
shall specify that it acts as primary insurance and that no
insurance effected by City shall be called upon to cover a loss
under the policy so procured by DeveloFer; (D) shall provide
that the policy shall not be cancelled or altered without thirty
(30) days' prior written notice to City; and (E) shall otherwise
be in form satisfactory to City. EacIT such policy or a certificate
thereof shall be delivered to the City Finance Operations Manager
concurrently with execution of this Agreement.
(b) An endorsement or a certificate thereof to ).'
. the workers' compensat.ton insurance. policy o,f.Developeror saidut-
contractor (if the Facilities are to be installed by said contractor),
providing that the underwriter thereof waives all right of
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subrogation against City by reason of any claim arising out of
or connected with installation of 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. Title to Facilities. Title to each part or
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portion o~the Facilities shall pass to City forthwith as each
such part or portion thereof shall be installed, regardless of
whether the same shall be installed by Developer or said contractor,
and regardless of whether the same shall b~ attached to the
balance of City's system¡ provided, however, that such passage
of title shall under no circumsta~~es be deemed to constitute
acceptance by City of the Facilities as being installed in
~ccordance with said specifications, Exhibit "B" hereto. Such
acceptance may only be effected by appropriate written notice
from City to Developer. Developer'warrants that upon such
passage of title, the title shall be free and clear of and from
any ~nd all liens, charges and entumbrances whatsoever.
7. Street Grades. If the Facilities are installed
in easements or r~ghts-of-way as to which final grades have not
been established or in streets whose grades have not been brought
. "
to those established by public authority prior to acceptance by
City, Developer, upon written notice by City, shall deposit with
City forthwith the estimated cost, as determined by City, of
relocating, raising or lowering the Facilities, which deposit
shall be made within the ten (10) days after City has ascertained
,such actual cost. The net deposit representing actual cost
shall not be subject to refund. City shall refund the entire
deposit relating to such proposed relocations, raising or lowering
when appropriate authority determines that such displacements
are not required.
8. City's Right to Offset. In the event Developer
shall become entitled to a refund under the provisions of Paragraph
2 of this Agreement, City shall ~ave the right at such time to ~
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offset against the amount then due Developer hereunder the total
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amount of any indebtedness. then due or owing by Developer to
City.
9. Non-constr~c~ion of Facilities. Notwithstanding
any other provisions of this Agreement, should the water distribution
system to be constructed and acquired by the City, which system
is to be known as the Ashe Division of the City of Bakersfield
.
Municipal Water System, not be completed, so as to make performance
hereunder by the City impracticable, the City's responsibility
and liability pursuant to this Agreement shall be limited to a
refund of any monies or release of any bonds theretofore provided
the City by the Developer, less such expenses as the City may
have in good faith incurred in preparing to perfórm under this
Agreement. The Developer expressly accepts responsibility for
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providing Domestic and Fire Protection Water to any parcels sold
by the Developer to any third party in the event the City's
-performance of this Agreement becomes impracticable under the ---.
terms of this paragraph.
:þ>'
10. Notices. Any notice which it is herein provided
mayor shall be given by either party to the other shall be
deemed to have been duly given when deposited in the United
States mail, registered or certified, postage prepaid and addressed
"
to the party to whom such notice is given at the following
! - respective addresses:
To Developer: JOHN FRIIS JACOBSEN LIVING TRUST
7917 Olive Drive
Bakers~ield, CA 93308
To City: CITY OF BAKERSFIELD
City Hall
1501 Truxtun Avenue
Bakersfield, CA 93301
Attn: Domestic Water Superintendent
Either party, by notice given as hereinbefore provided,
may change the address to which notice shall thereafter be
addressed.
11. Successors and Assigns. The provisions of this
Agreement shall inure to the benefit of and shall bind the
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respective heirs, exec~~or$, administrators, successors and
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assigns of the parties hereto. ¡
IN WITNESS WHEREOF, the parties hereto have caused this
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Agreement to be executed the day and year first-above written.
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CITY OF BAKERSFIELD
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By
Mayor
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APPROVED AS TO FORM: !
City Attorney
COUNTERSIGNED:
Assistant City Manager-Finance
JOHN FRIIS JACOBSEN LIVING TRUST
BY_~~ (t{~ ~Lù
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"Developer"
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AJS:mm - 5/14/82-8-
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I ' WATE~ BOARD - CITY OF BAKERSFIELD
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ITEMS FOR AGENDA
Agenda Section New Busi ness
Requesting Department Public Works'
Date for Water Board'Action June '2, 1982
1. Description of Item:, Hate schedule for the F;Ù rhaven Water Service ^rea.
2. Comments: The Fairhavcn Water System docs not have an operating history
from which to base a rate study; therefore, the Public Works
Department recommends that the Ashe Water .rates be adopted for
the Fairhavcn System until such time (15 adequate information is
available for a rate study.
.'"
3. Suggested Action: Board to recommend adoption by City Council.
4. Attachments: Memorandum and Rat~ Schedule.
Director of Public Works
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.
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MEMORANDUM
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FRO M ,----~~'2_~--~'!!2~,!!,.!__!!.~,!:,:-!.!!_C_~~'::LS_~~E~~~~~~~'-1-----_m--______m-._-__-----
S U BJ E C T ---- ~ ~!. ~ ~ Y.~~- - ~ ~ ~ ~ ~--~ ~~ ~ - - -- - - --- - - --- - --- -- -- -- - -- --- - --- -- -- -- - -- --- -- -- -- - - --- - ---- - - ------ --- - ---- ----- ---- ----- - -------- - - -------
The City will soon be selling water within the Fairhaven area. As
this is a new water system without a history of water consumption
or operation and maintenance records, it is difficult to determine
what revenues or costs will be generated. Without this information
a rate study could only be performed on guesswork.
Ashe Water Rate Study provides adequate revenue for that system.
Ninety percent (90%) of the Fairhaven service area is outside the
City and is subject to a.forty percent (40%)surèhargè. The Ashe
Water rates should generate more than enough revenue to operate
and maintain the Fairhaven System. I, therefore, recommend using
the Ashe rates until adequate information for a rate study is
obtained on the Fairhaven System.
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. . Proposed Water Service Rates
! General Metered Service
Fiscal Year Fisca1.Year Fiscal Year
Service ChaT~* 1981-82 1982-83 1983-84
(per meter per month) Within. Outside ~_~thin Outside Within Outside
5/8" x 3/4" meter $4.59 $6.43 $5.05 $7.07 $5.30 $7.42
3/4" meter 5.05 7.07 5.56 7.78 5.84 8.17
1" meter 6.89 9.65 7.58 10.62 7.96 11.15
1-1/2" meter 9:18 12.85 10.10 14.14 10.61 14.85
2" meter 12.39 n.35 13.63 19.09 14.31 20.05
3" meter 22.36 31.31 24.60 34.44 25.83 3C.16
4" meter 30.42 42.59 33~46 46.85 35.13 49.19
6" meter 50.54 70.75 55.59' 77.83 58.37 81.72
8" meter 75.13 105.19 82.64 115.71 86.77 121.50
(;cncr;ll ~1ctr ¡'cd ScTvi cc
Service Within the
" City limitS:--- I
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First 300,000 eu.ft.
per 100 cu. ft. $0.354 $0.389 $0.409
Allover 300,000 cu.ft.
per 100 cu. ft. $0.295 $0.325 $0.341
Service Outside of
City limits:
First '300,000 cu.ft.
per 100 cu. ft. $0.496 $0.546 $0.573
Allover 300,000 cu.ft.
per 100 cu. ft. $0.413 $0.454 $0.477
Proposed Water Service Rates
General Flat Service**
Within Outside
Residential 20.00 28.00 -0- -0- -0- -0-
Commercial 33.33 46.67 -0- -0- -O~ -0-
*The service charge is a readh1Css-to-scrve charge to which is ocldcd the ch:1rge
for wç¡tcr used during the month.
**This is an intcrim rate only to be used unti 1 the faeil i ties are metered.'
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WATER BOARD -CITY OF BAKERSFIELD I
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ITEMS FOR AGENDA
Agenda Section New Business
Requesting Department Public Works
Date for Water Board Action June 2 , 1982
1. Description of Item: Special Facilities Agreement for water facilities
in Tracts/4l88, 4189, and 4190.
.
2. Comments: This agreement provides water for domestic and fire protection
uses within the tracts and provides for the reimbursement of $14,000 by
the City to developer (funds are available.as per Council Action on
December 16, 1981), for the oversizing of the storage reservoir. In
addition, as adjacent developers connect to the water facilities, they
will reimburse the developers of Tracts 4188,4189, and 4190 a sum of
$142,848. Tracts 4188, 4189, and 4190 are. located south of Stockdale
Highway, a quarter of a mile west of Allen Road, and contain approxi-
mately 79 acres.
3. Suggested Action: Board to recommend Council approval.
4. Attachments: Agreement.
Director of Public Works
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.
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WATER BOARD -CITY OF BAKERSFIELD
>
ITEMS FOR AGENDA
Agenda Section New Business
Requesting Department Public Works
Date for Water Board Action June 2, 1982
1. Description of Item: Rate schedule for the Fairhaven Water Service Area.
.
2. Conunents: The Fairhaven Water System does not have an operating history
from which to base a rate study; therefore, the Public Works Department
reconunends that the Ashe Water rates be us~d by the Fairhaven system
until such time as adequate information is available for a rate study.
3. Suggested Action: Board to reconunend Council action.
4. Attachments: Memorandum and Rate. Schedule.
Director of Public Works
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.
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WATER BOARD -CITY OF BAKERSFIELD
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ITEMS FOR AGENDA
Agenda Section New Business
Requesting Department Public Works
Date for Water Board Action June 2, 1982
1. Description of Item: Acceptance of the completed Fairhaven Water System
pursuant Ito Agreement No. 80-36 ("Agreement for the Acquisition,
Construction, Operation and Financing of the Fairhaven Water Distri-
bution System").
2. Conunents: The Fairhaven Industrial Fire Protection District Board has
completed the water ~istribution system and has taken action to transfer
the system to the City of Bakersfield in accordance with the said agree-
ment. The Public Works Department has reviewed the completed work and
recommends acceptance of the facilities.
3. Suggested Action: Board to recommend acceptance to Council.
4. Attachments:
Director of Public Works
Approved, City Manager
NOTE: Items for W~ter Board Agenda are. to be submitted prior to 10 a.m. Friday
for the Wednesday meeting of the following week.
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WATER BOARD -CITY OF BAKERSFIELD
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ITEMS FOR AGENDA
Agenda S,ection New Business
Requesting Department Public Works
Date for Water Board Action June 2, 1982
1. Description of Item: Agreement with Tumblin Construction Co. for water
service in the Fairhaven Water System.
.
2. Comments: The agreement provides water for domestic, industrial and
fire protection uses to one point four eight (1.48) acres, located
at the north end of Standard Street. The developer is responsible
for constructing approximately 310 feet of 12" AC water main to the
property, plus a connection fee of $2,000 per acre.
3. Suggested Action: Board to recommend Council approval.
4. Attachments: Agreement.
Director of Public Works
Approved, City Manager
NOTE: Items for W~ter Board Agenda are. to be submitted prior to 10 a.m. Friday
for the Wednesday meeting of the following week.
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WATER BOARD -CITY OF BAKERSFIELD
>
ITEMS FOR AGENDA
Agenda Section New Business
Requesting Department Public Works'
Date for Water Board'Action June' 2, 1982'
1. Description of Item:, Setting of availability fees for'the Fairhaven and
Ashe (OutSide C-l area) Service Areas, as specified in City Ordinance
, No. 2660. .
2. Comments: The availability fee is for the construction of water supply
facilities, such as wells, booster pumps, and storage reservoirs. A fee
of $2,000 per acre would provide all facilitie~ as proposed in the Master
Plan concept by Stetson Engineers.
3. Suggested Action: Board to recommend Council approval of fee.
4. Attachments: Memorandum.
Director of Public Works
Approved, City Manager
NOTE: Items for Water Board Agenda are, to be submitted prior, t,o¿,,19 a.m. Friday
for the Wednesday meeting of the following week., ':,
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