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HomeMy WebLinkAboutRES NO 35-50RESOLUTION NO. 35-50 RESOLUTION OF-THE CITY COt~CIL OF THE . CITY OF BAKERS~, CALIFORNIA, GRANTING CONSENT TO THE COUNTY OF KERN AND THE UNION AVENUE SANITATION DISTRICT TO CONSTRUCTION, MAINTENANCE AND OPERATION OF CERTAIN SANITARY SEWER MAINS IN CERTAIN STREETS WITHIN THE CITY OF BAKERSFIELD. WHEREAS, the Board of Supervisors of the County of Kern, CalifOrnia, has, by resolution adopted on the 120th day of November, 1950, requested consent for the construction, .maintenance and operation of certain sanitary sewer mains to be constructed for the Union Avenue Sanitation District in portions of certain streets within the corporate l~mits of the City of Bakers field; and WHEREAS, the cost of such construction of said sewer mains is to be totally assessed or taxed to' the lmnds within said Sanitation District, exclusive of any lands lying within the corporate limits of said City of Bakersfield; and WHEREAS, pursuant to the provisions of Section 5117 of the "Improvement Act of 1911" of the Streets and Highways Code, and Section 4770 of the "County Sanitation District Act" of the Health and Safety COde, it becomes necessary in order that such construction may be made within the streets of said City that consent of the legislative body of said City, expressed by resolution, shall be given for such construction, maintenance ' and operation; and WHEREAS, a certified copy of a resolution of the Board of Supervisors of the County of Kern, requesting consent of the City of Bakers field to the construction, maintenance and operation of said sewer mains, has been filed with the City Clerk and ex-officio Clerk of the Council of said City. of Bakersfield; and ;.~ ...... WHERF~9, the City Council of said City of Bakersfield has examined the maps and profiles presented with said resolution requesti~ consent, which said maps and profiles show the location of such proposed '-1- RESOLUTION NO. 35-50 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAKERSFIELD, CALIFORNIA,' GRANTING CONSENT TO THE COUNTY OF KERN AND THE UNION AVENUE SANITATION DISTRICT TO CONSTRUCTION, MAINTENANCE AND OPERATION OF CERTAIN SANITARY SEWER MAINS IN CERTAIN STREETS WITHIN THE CITY OF BAKERSFIELD. WHEREAS, the Board of Supervisors of the County of Kern, CalifOrnia, hzs, by resolution adopted on the 2Oth day of November, 1950, requested consent for the construction, .maintenance and operation of certain sanitary sewer mains to be constructed for the Union Avenue Sanitation District in portions of certain streets within the corporate lim4ts of the City of Bakersfield; and WHEREAS, the cost of such construction of said sewer mains is to be totally assessed or taxed to~ the ls~nds within said Sanitation District, exclusive of any lands lying within the corporate limits of said City of Bakersfield; and WHEREAS, pursuant to the provisions of Section 5117 of the "Improvement Act of 1911" of the Streets and Highways Code, and Section 4770 of the "County Sanitation District Act" of the Health and Safety COde, it becomes necessary in order that such construction may be made within the streets of said City that consent of the legislative body of said City, expressed by resolution, shall be given for such construction, maintenance and operation; and WHEREAS, a certified copy of a resolution of the Board of Supervisors of the County of Kern, requesting consent of the City of Bakersfield to the construction, maintenance and operation of said sewer mains, has been filed with the City Clerk and ex-officio Clerk of the Council of said City of Bakersfield; and ~ ,, WHEREAS, the City Council of said City of Bakersfield has examined the maps and profiles presented with said resolution requesting consent, which said maps and profiles show the location of such proposed construction, and the City Council is familiar with the things proposed to be done thereunder. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield, California, as follows: That the public interest, convenience and necessity require the location, construction and maintenance of certain sewer mains within the public streets of the City of Bakersfield, as follows: TERRACE WAY between the Easterly city limits of s aid City and the existing manhole at the intersection of Terrace Way and South "P" Street, as shown on Sheet 52 of said plans md profiles; and in SOUTH "P" STREET between the existing manhole located Westerly of Townsley Avenue, Southerly to a line 5 feet Northerly from and parallel with the c enter line of Belle Terrace; thence Easterly along said parallel line to the Easterly city limits of said City, as shown on Sheet 53 of said plans; and in between the Easterly city l~m~ts of said City and a point distant 668 feet Westerly therefrom, to serve the property lying South of the Souther~ly city boundary, as shown on Sheet 49 of said plans~a BE IT FURTHER RESOLVED that the consent of said City Council of the City of Ba~rsfield 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 Bakersfield subsequent to the formation of said Sanitation District, for such construction upon the following terns and conditions: lo That all excavated areas within said streets shall be re-paved with the same type of pavement as existed when the construction work of said sewers is done and all such construction, including the re-paving shall at all times be done and made to the satisfaction of the Superintendent of Streets of said City~ -2- 2. To the commencement of proceedings for the said proposed construction by the Board of Supervisors of said County and to the exercise of jurisdiction by the said Board of Supervisors under all proceedings necessary or proper for the purpose of consummating the same, all in accordance with the provisions of the said -Improvement Act of 1911" of said Streets and Highways Code of the State of California. 3~ All work shall be dine in accordance with Sections 7, 12 and 56 of the Standard Specifications of the Department of Public Works, Division of Highways, State of California, dated April, 1945. 4. That without the permission in writing from the Superintendent of Streets of said City, not more than one street or alley intersection may be closed at any one time. The contractor shall provide a water wagon for use on the work and no excessive dust, in the opinion of the Superintendent of Streets, will be permitted. 5. That the County of Kern and the UNION 'AVENUE SANITATION DISTRICT of Kern County shall indemnify, save and 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 ~hich 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. AND, BE IT FURTHER RESOLVED that the Clerk of this City Council is hereby directed to certify and deliver a copy of this resolution to th~ Clerk of the Board of Supervisors of the County of Kern. I HEREBY CERTIFY that the foregoing resolution was duly passed i.~ ~ -,~YES: 'Carnaki s ~--~ ~ ._,-, ~-~ ~ - N~'ESI None ~ ... '. '~B~ENT:~ None APPRO~ th~S::-~th day and adopted by:t.he-,Qity Council of the City of Bakersfield on the of Novem~e'~',¥'~'~L-i~19.~8- by the follow. ing vote: day , Cross , Kuehn , Shurley , Siemon Va~derlei City Clerk and ex-officio Clerk of the Council of the City of Bakersfield,California