Loading...
HomeMy WebLinkAboutRES NO 04A-51 R ,SO TION NO.4A-S RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD, CALIFORNIA, GRANTING CONSENT TO THE COUNTY OF KERN AND UNION AVENUE SANITATION DISTRICT FOR CONSTRUCTION, NAINTENANCE AND OPERATION OF CERTAIN SAI~I~ARY SRJ~ER MAINS IN CERTAIN STREETS AND AY.I.EYS ~ICH WILL BECO~E A PART OF THE CITY OF BAEERSFIELD. . .. , , , , .,. VfidEREAS, the Board of Supervisors of the County of Kern, California has,by resolution adopted on the ~ day of January, 1951, requested consent for the construction, maintenance and operation of certain sanitary sewer maim to be constructed for UNION AVENUE SANEATION DISTRICT in portions of certain s~reets and alleys to become a part of and included within the c orporate.'.limits of the City of Bakersfield, m d for the inclusion within the boundaries of the assessment district of certain aress to become a part of the City of Bakersfield, as evidenced by Ordinance No. 896 New Series, adopted December 26, 1950, and Ordinance No. 898 New Series, adopted January 2, 1951~ and WHEREAS, pursuant to the provisions of Sections 5115 to 5118, inclusive, of the "Improvement Act of 1911" , being Division 7 of the Streets and Highways Code of the State of California, it is necessary, in order to construct said sewer mains and to include such areas within an assessment district, that consent of the legislative body of the City of Bakersfield, expressed by resolution" shall first be given for said construction and for said inclusion of such areas, and assent to the assumption of the continued jurisdiction thereover for all purposes of the proceedings for the improvement described in that certain Resolution of Intention of the Board of Supervisors of the County of Kern, adopted on the llth day of December, 1950; and WHEREAS, a certified copy of said resolution requesting such consent of the City of Bakersfield for such construction and for such inclusion of areas to subsequently become a part of the City of Bakersfield within the assessment district, as described in said Resolution of Intention adopted December ll, 1950, has been presented to this Council; and -1- V~MERFAS, the Council of the City of Ba~ersfield has examined the maps and profiles presented with said resolution requesting consent, which said maps and profiles show the location of such proposed construction, together with the areas included within the assessment district and later to become a part of the City of Bakersfield, and the said Council is familiar with the things to be done thereu_~_der. NOW, THEREFOE, BE IT RESOLVED by the Council of the City of Bakersfield, California, as follows: (a) That the public interest, convenience and necessity require the location, construction and maintenance of certain sewer mains within public streets and alleys in that certain area of UNION AVENUE SANITATION DISTRICT, lying generally East of South King Street and North of Brundage Lane; (b) That the consent of said Council of the City of Bakersfield is hereby granted to the County of Kern, having jurisdiction over the area covered by the UNION AVENUE SANITATION DISTRICT, exclusive of any areas annexed to the City of Ba~ rsfield prior or subsequent to December 11, 1950, for such construction described in Paragraph (a) hereof~ (c) That the consent is hereby further given for the inclusion within~ the proposed assessment district, as described in said Resolution of Intention adopted December 11, 1950, all that certain territory of the UNION AVENUE SANITATION DISTRICT lying East of South King Street and North of Brundage Lane, which said area has been annexed to the City of Bakersfield by Ordinance No. 896 New Series adopted on the 26th day of December, 1950, together with the inclusion within the boundaries of the said proposed assessment district, as described h~ said Resolution of Intention, of all that certain area of said UNION AVENUE SANITATION DISTRICT lying South of the North line of Section 7, T. 30 S., R. 28 E., M.D.B. & Mo and ~Vest of a line 130 feet Easterly from and parallel with the Westerly line of said Section 7; (d) That the consent is hereby further given to the continuance and assumption of jurisdiction thereover for all purposes of the proceedings and authorizes the Board of Supervisors of said County of Kern to take each and every step required for or suitable for the consummation of the assessment upon the assessment district, described in said Resolution of Intention, and to the levying, collecting and enforcing assessments to cover the costs and expenses of the improvement described in said Resolution of Intention, and the issuance and enforcement of bonds, if ~ny, to represent unpaid assessments~ (e) That the consent for such construction is hereby given upon the following terms and conditions: 1. That all excavated arenas within the streets and alleys. shall be re-paved with the same type of pavement and/or surfacing as existed when the construction work of said sewers is done, and all such construction including the re-paving and/or re-surfacing shall at all times be done and made to the satisfaction of the Superintendent of Streets of said City, acting jointly with the Engineer of Work appointed by the Board of Supervisors of said County. 2. That all wor~ shall be done in accordance with the plans and specifications approved by the Board of Supervisors of the County of Kern on the llth day of December, 1950, provided that the provisions of Paragraph '~d" of Section 8-0~ ("Repaying~) of said specifications shall not apply to said area lying East of South King Street and North of Brundage Lane° 3- That without the permission in writing from the Superin- tendent of Streets of s aid City, not more than one street or alley intersection may be closed at any one time within s aid area lying East of South King Street ~nd North of BrundaEe Lane. The contractor shall provide a v~ter wagon for use on the work and no excess dust, in the opinion of the Superintendent of Streets, will be permittede ~. That the County of Kern and the UNION AVENUE SANITATION DISTRICT of Kern County shall indemnify, save md hold harmless the City, its officers and employees, against and from all damages, judgments, decrees, costs and expenditures which the City or such officer or employee may suffer or which may be recovered from or obtainable against the City or such officer or employee, proximately caused by or growing out of or resulting from their exercise of the prosecution of the work contemplated under this resolution granting consent. - 3 - AND, BE IT FURTHER RESOLVED that the Clerk of this Council of the City of Bakersfield is hereby directed to certify and deliver a copy of this resolution to the Clerk of the Board of Supervisors of the County of Kern. I HEREE~ CERTIFY that the foregoing resolution was duly passed and adopted by the City Council of the City of Bakersfield on the 8th day of January , 1951, by the following vote: AYES: Ca~nak~ NOES: None ABSENT: None City Clerk and e x-officio Cler~ of the Council of the City of Bakersfield, California APPROVED this 8th day of January , 1951, Nayor of the 3ity of Bakers£ield