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HomeMy WebLinkAboutRES NO 12-50RESOLUTION NO. 12-50 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAKERSFIELD, CALIFORNIA, GRANTING CONSENT TO THE ALTA VERDE SAN- ITATION DISTRICT, TO THE CONSTRUCTION, NAINTENANCE AND OPERATION OF CERTAIN SANITARY SEWER MAIN IN "K" STREET WITHIN THE CITY OF BAKERSFIEID. , , , , , WHEREAS, the Board of Directors of the Alta Verde Sanitation District of the County of Kern, California, has by Resolution adopted on the 1st d~ of Nay, 1950, requested consent for the construction, maintenance and operation of certain sanitary sewer main to be construcked for said district in portions of "K" Street within the corporate limits of the City of Bakersfield; and WHEREAS, the cost of the construction of said sewer main is to be totally assessed or taxed to the lands within said Sanitation District, exclusive of any lands lying within the corporate limits of the 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"I of the Health and Safety Code, it becomes necessary in order that such construction may be made within the street of said City, that consent of the legislative body of said City expressed by resolution shall be given for such cmstruction, maintenance and operation; and WHEREAS, a certified copy of a resolution of the said Board of Directors requesting consent of the City of Bakersfield to the construction, maintenance and operation of said sewer main has been filed with the City Clerk and ex-officio Clerk of the City Council of said City of Bakersfield; and WHEREAS, the City Council of the said City of Bakersfield has examined the maps and profiles presented with said resolution requesting consent, which said maps and profiles show the locations of such proposed construction and the City Council is familiar with the things proposed to be done thereunder. -1- NOW, THEREFORE, BE IT RESOLVE~ 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 main within a public street of the City of Bakersfield, as follows; in "K" STREET between the Southerly line of Thirty-fourth Street being the Northerly boundary of said City of Bakersfield, and a point distant 116.5 feet Southerly therefrom, connecting with an existing sewer manhole of the City of Bakersfield. BE IT FURTHER RESOLVED, that consent of the said City Council of the City of Bakersfield is hereby granted to the "Alta Verde Sanitation District" for such construction upon the following terms and conditions: 1. The district shall cause backfilling of all trenches and excavations made in said "K" Street for the aforesaid purposes in a good and workmanlike manner to the level of the pavement or other surface of said street, to the satisfaction of the Superintendent of Streets of said City, and thereafter the City will restore the pavement or other surface of said "K"~ Street to the ccndition in which it was prior to the making of said trench excavation, and the district to pay to the City of Bakersfield for such re-paving the sum of fifty cents (50~) per square foot of surface so restored, all in accordance with the provisions of that certain contract and agreement entered into on the 27th day of March, 1950 by and between the City of Bakers field and the "Alta Verde Sanitation District". 2. To the commencement of the proceedings for the said proposed construction by the Board of Directors of said Sanitation District, and to the exercise of jurisdiction by the said Boar d of Directors under all pro- ceedings necessary or proper for the purpose of consummating the same, all in accordance with the provisions of the said "In~provement Act of 1911" of said Streets and Highways Code of the State of California. 3. All work shall be done 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. - 2 - 4. That without 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 City Superintendent of Streets, will be permitted. 5. That the "Alta Verde 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 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 of 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 the Secretary of the Board of Directors of the "Alta Verde Sanitation District" of the County of Kern. , , , , , , , I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield on the 1Sth May , 1950, by the following vote: day of AYES: Councilmen Carnakis . Cposs Kuehn , Morelock , NOES: Councilmen None , Shurley. Si emon, Vanderlei ABSENT: Councilmen None APPROVED this 15th day of May , 1950. Mayor of the · y B k fi ld C lifornta it of a ers e , a -3- City Clerk and ex-officio Clerk of the City Council of the City of Bakersfield, California