HomeMy WebLinkAboutRES NO 67-75 RESOLUTION NO. 67-75
ARESOLUTION OF THE COUNCIL OF THE CITY OF
BAKERSFIELD APPROVING PRINCIPLES OF SETTLE-
MENT OF PENDING LITIGATION
WHEREAS, the Kern Delta Water District, a California
Water District, filed an action in eminent domain entitled "KERN
DELTA WATER DISTRICT vs. KERN ISLAND WATER COMPANY, et al.,"
Ventura County Superior Court Case No. 58140, seeking to condemn
portions of properties acquired by the City in settlement of
other City litigation; and
WHEREAS, the City was served in said action as a Doe
Defendant; and
WHEREAS, the City's Water and Growth Committee, staff
and water consultants have met with the District's committee,
staff and consultants; and
WHEREAS, the City's Water and Growth Committee, staff
and water consultants recommended that further negotiations be
authorized for final settlement of said action in accordance with
the principles hereinafter set forth.
NOW, THEREFORE, BE IT RESOLVED by the Council of the
City of Bakersfield as follows:
1. That the said committee, staff and consultants are
hereby authorized to enter into negotiations for final settlement
of the above-referenced Kern Delta litigation, to take effect upon
"closing" of the settlement agreement with Tenneco West, Inc. and
its subsidiaries in accordance with the following principles:
a. Kern Delta Water District to make payment of
three and a half million dollars ($3,500,000) to City or its
designee.
b. City to transfer all of the City's right, title
and interest of any nature or description in and to the following:
(1) Facilities and physical properties of the
Kern Island Water Company, including the utility facilities, and
properties of the Kern Island Canal, Buena Vista Canal, Eastside
Canal, Farmers Canal, and forty-nine percent (49%) of the Carrier
Canal; but excluding the utility facilities and properties of the
Ashe Water Service Area of said Kern Island Water Company;
(2) Any and all water rights of Kern Island
Water Company, whatever they may be; but excluding any water
rights of the Ashe Water Service Area;
(3) Any and all rights, privileges, licenses,
.easements, and the like arising by reason of contractual arrange-
ments made by, for or on behalf of Kern Island Water Company,
whatever they may be; but excluding any said interests of the said
Ashe Water Service Area;
(4) A specified right, which may be stated by
formula or otherwise, to continue Kern Island's historical use of
Isabella Storage upon the same terms and conditions as have
historically prevailed. Both parties should use their best
efforts to achieve a formula which does not impair either the Kern
Island historical use or the y s intended future use of the
Cit '
available storage space.
c. Said payment by said District to the City should
constitute full and complete settlement of all claims of the
defendants served in the above-referenced lawsuit, except the
County of Kern, including any claims for costs, attorneys' fees,
expert witness fees, and the like.
_ d~_ The manner of settlement is open to negotiation
and may be made in any mutually agreeable form. Both parties
should use their best efforts to reach said settlement at the
earliest possible time and, in so doing, should use their best
efforts to remove any impediments thereto, legal or otherwise,
which may presently exist.
e. In addition to the City's retention of all
utilities facilities and properties of the said Ashe Water Service
Area (which is not to be considered a part of the property and
rights to be acquired by Kern Delta), the City will acquire the
privilege of renting conveyance capacity in Kern Island Facilities
acquired by Kern Delta, from time to time, and upon such terms and
conditions, and subject to such charges, restrictions and limita-
tions, as may be mutually agreed upon at the time a request there-
for is made.
f. Kern Delta will agree to assist the City in
whatever way it can toward completion of the City's acquisition
of Tenneco West, Inc. properties and assets and the "closing" of
said settlement. Kern Delta should further agree that it will not
institute any action designed to obstruct or hinder such acquisi-
tion except and unless such action is deemed necessary for the
protection, preservation or defense of Kern Delta property,
facilities and/or water rights acquired by virtue of the subject
settlement. Both Kern Delta and the City of Bakersfield should
mutually agree that neither party will institute any action
against the other party except and unless such action is deemed
necessary for the protection, preservation or defense of the water
rights claimed by the instigating party.
2. That a copy of this Resolution shall be certified
by the City Clerk and transmitted to Kern Delta Water District.
o0o
I HEREBY CERTIFY that the foregoing Resolution was
passed and adopted by the Council of the City of Bakersfield
at a regular meeting thereof held on the 27th day of October,
1975, by the following vote:
AYES: COUNCILMZN BA~(I'ON, BLEECKER, CHRiSTZN,.SF.N, Mf. DD~RS, ROG~RS, 80~E3, STRONG
NOES: COU~CILMEN:
ABSENT COUf~CtLM~N:
~STAINING COUNCILMEN: ....
CITY.'~~E~and E fficio Clerk of the
CounCil of ~~~ Bakersfield
AP~??,~..^~'-'~h~s':'27t day of October, 1975
'h c t f f
~',"~,;~ Bakers ield
APPROVED- as- to form:
CITY ATTORNEY o/~~ akersfield