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.
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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
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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.
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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