HomeMy WebLinkAboutRES NO 50-74 RESOLUTION NO. 50-?4
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BAKERSFIELD RECITING AND SPREADING
ON THE MINUTES OF THE CITY, ACTIONS TAKEN
DURING THE MEETINGS OF JULY 30, 1973, AND
DECEMBER 17, 1973.
WHEREAS, the City of Bakersfield brought an action
against Kern County Land Company and other river interests, being
action No. 111404 Superior Court, for a declaration of rights on
the Kern River; and
WHEREAS, said action was filed September 29, 1970; and
WHEREAS, since the filing of the action, negotiations took
place with officials of the City of Bakersfield and officials of
Tenneco West, Inc., the successor to Kern County Land Company,
for a possible settlement of a very complex lawsuit; and
WHEREAS, in accordance with law, the Council met July 30,
1973, in executive session to discuss the litigation and a proposed
settlement of a lawsuit; and
WHEREAS, at said meeting the City Council was apprised of
all the facets of the litigation by the City staff, including the
advantages and disadvantages of continuing litigation and the
advantages and disadvantages of settlement of the lawsuit, by the
City Staff and consultants to the City on water matters; and
WHEREAS, it appeared to the City Council to be advantageous
to the City and its residents and taxpayers to affect a settlement
of the lawsuit, the Council in executive session unanimously took
the following actions:
1. Approved a settlement of the lawsuit by acquisition
of Tenneco West Inc. water rights for 17~9 million
dollars.
2. Authorized the staff and the City's Water and
Growth Committee to work out the details of
financing and payment.
3. Authorized employment of special bond counsel
and financial consultant to perfect the settle-
ment; and
WHEREAS,.certain details of the settlement of the lawsuit
were arrived at, as authorized, in a Memorandum of Understanding~
dated November 9, 1973, signed by Jack Fox, Vice President of
Tenneco West Inc. and Kenneth W. Hoagland, City Attorney, the
City Council met in executive session relative to the litigation
on December 17, 1973; and
WHEREAS, at said meeting a discussion was had as to the
necessities of bringing to a conclusion and finalization of the
settlement, the City Council unanimously took the following actions:
1. Authorized preparation of an Environmental Impact
Statement relative to the acquisition.
2. Approved the transfer of Tenneco West water rights
to the City as outlined in the Memorandum of
Understanding, dated November 9, 1973.
3. Authorized the staff to proceed with the formal
contract and financing plan with other actions
necessary to the :fih~alization of the formal plan;
and
WHEREAS, since that time the County Counsel of the County
of Kern,=either with authorization or without authorization, has,
through the news media and the courts, attempted to invalidate the
settlement of the lawsuit, resulting in the acquisition of Tenneco
West Inc.'s water rights; and
WHEREAS, the City Council, through its Water and Growth
Committee, has repeatedly assured the County of Kern that its con~
tracts for recreational water will be honored and extended and that
additional recreational water for Lake Isabella and even the Buena
Vista Aquatic Park, if it isn't abandoned, could be made available;
and
WHEREAS, it is the desire of the City Council to set the
record straight in answer to the distortions of the County Counsel,
respecting the City's acquisition of Tenneco West Inc.'s water
rights.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Bakersfield as follows:
1. The above recitations are a true account of the
meetings of July 30, 1973, and December 17, 1973.
2. That this Resolution be publicized and disseminated
in order to inform the public and the courts of the
true state of the actions taken by the City Council
as opposed to the irresponsible statements of others.
o0o
I HEREBY CERTIFY that the foregoing Resolution was passed
and ,adopted by the Council of the City of Bakersfield at a special
meeting thereof held on the 18th day of June, 1974, by the following
vote:
CITY ~E~~ic/~o C erk o
Council of the Cit~f Bakerlsfieldf the
APPROVED t~:;~:~8' d ~ J ne, 1974
,,I~\,~,, ., .
~e City of ak rsfie]-d
APPROVED as to form: