HomeMy WebLinkAboutRES NO 7-64RESOLUTION NO o 7-64
A RESOLUTION OF THE CIl~f COUNCIL OF THE CITY OF
BAKERSFIELD PROCLAIMING THE MERGER OF THE
BA~ERSFIELD F~qICIPAL WATER DISTRICT INTO THE
CITY OF BAKERSFIELD BY OPERATION OF LAW AND DE-
CLARING ALL ITS ASSETS AS BELONGING TO THE CI!~
OF BAXERSFIELDo
WHEREAS, the City of Bakersfield was incorporated
January 1!, 1898 and became a Charter City of ehe State of Cali-
fornia, January 20, 19 15, and
WHEREAS, on the 5th day of September, 1922 the Bake. rsfie!d
Municipal Water District was formed wherein the territorial limits
of the district' included all of the territorial limits of the City
of Bakersfield, and
WHEREAS~ su. bsequent to the formation of the Bakersfield.
Municipal Water Distrtct~ the territorial limits of the City of
Bakersfield ~yere extended by annexations to said City and in so
doing said territorial iimi~s of said City extended beyond the
territorial limits of the Bakersfield Municipal Water District.~
and
WHEREAS~ since Mzrch 28, 1923 the City of Bakersfield
has completely s~rrounded and encompassed the Bakersfield i~unicipa~!~
Water District an~ that since March 28, 1923 the Bakersfield
Municipal Water District has comprised only a portion of tke City
of Bakersfield;
NOW, THEREFORE, BE IT ~IESOLVED by the Co~nclt of the
City of Bakersfield as follows:
1o That by reason of the Bakersfield Municipal Water
District being entirely within the limits of the City of Bakermfiel~
said Water District by operation of 'iaw~ beca~ merged with the
City of Bakersfield~ and thereby was dissolved on or abo'~; the
28th day of March 1923o And by reason of such merger and
disso!~tion~ the city became, and now is~ the owner of the
properties~ facilltfes~ ~,,xater applications and assets which prior
to said dissolution were o~med by said Water District and which now
are in the actual possession of said Water District,
2, That said City Co~cfl hereby req~sts~ fnstm~ts and
aemena8 that said Water D~strict amd the officers and Board of
Directors thereof forthwith release any c!a~ or r~ght to or
exercise of power over said propert~es~ facili~ies and assets~
that said Water District and the offlce~s and Board of Directors
thereof forthwith transfer and convey to the City of Bakersfield
any claims or riEhts to exercise of power over said properties,
facilities and assets ~ and do all other thinEs which ~y be
necessary to effect~.te the transfer of physical possession of
said properties~ facilities and assets and the exercise of power
over the same to the exclusive possession of the City of Bakersf!eld~
that such action ~e ~.y Be required by said Water District shall be
~.one in a manner ~nd within a ti~ compatible ~3ith the ~intenance
of services~ if any are provided~
3~ ~at durins the period from the 28th day of ~rch,
!923, the time at which said Water Diettier Beca~ contained
entirel7 within the City Li~ts of the Ctt7 of Ba~rsfield~ to
such ti~ as the actual physical possession~ control and operation
of the properties~ facilities and assets of the Water District is
transferred to the Cit7 of Ba~rsfield~ said Water District has
been and will be operated by the officers and Board of Directors
of said Water District as t~stees thereof for the City of Bake=s~
field and on behalf of and for the benefit of the City of Ba~rs~
field~ and an acco~tinE shall be rendered the Cit7 of Ba~rsf~eld
for such period of ti~.
.......... 4~ ~at the City of Ba~rsffeld, this'night, has
established a Depar~ent of Water Resourees~ ~t said depar~nt
is hereby empo~ered to act on be~lf of the C~t7 of ~rsfiela to
secure the prompt transfer of all assets, properties, facilities
and claims previously belonging to the Water District° This same
night the City of Bakersfield has created the Office of Director
o:f Water Resources, This officer shall act on behalf of the City
of Bakersfield in arranging for the prompt transfer of the facilities~
properties and assets of the Water District and is hereby empowered
to receive them on behalf of the City of Bakersfteldo
5o The Clerk of the City of Bakersfield is hereby
a-~%thorized and instructed to send copies of this Resolution to the
attorney and all board members of the Bakersfield Municipal Water
District, to the Board of Supervisors of the County of Kern~ to
the State Department of Water Resources, to the State Water Rights
Board and. to the Bureau of Reclamation of the United States°
......... o0o
I HEREBY CERTIFY that the foregoing Resolution was
passed. and adopted by the Council of the City of Bakersfield at a
regular maeting thereof held on the ~h day of February, 1964~
by the folio%ring vote:
RYES: BALFANZ, DOOLIN, MARCNBANKS, MOSSMAN, RUCKEP-, STIERN, WHITTlEMORE
ABSENT, '~'~'~"""' '
Marfan So fryin
........ '-' 'CfT~"C~E~K and Ex-Of~icio Clerk
'Council of the City of Bakersfield
APPROVED this ]m~- day o . Fe~bruary, 1964o
~;~0R 6f ~!{e City of a