HomeMy WebLinkAboutRES NO 025-11RESOLUTION NO. -02.5-
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RESOLUTION OF THE COUNCIL OF THE
CITY OF BAKERSFIELD AUTHORIZING
FUTURE PURCHASE OF CERTAIN KERN
RIVER PROPERTIES
WHEREAS, in July, 1985 the City adopted the Kern River Plan Element, which
focused on the preservation and maintenance of the floodway channel of the Kern
River. The Kern River plan also called for the maintenance and preservation of open
space area within the secondary floodway, the area most likely to experience pressures
for development which might conflict with other, nondevelopment-oriented River uses.
The additional focus of the plan was to allow development for urban uses---residences,
businesses, industry--to occur only in areas designated for such uses outside the
primary floodway; and
WHEREAS, the City adopted the Kern River Parkway Plan in 1988 as a
comprehensive plan to provide for flood control, groundwater recharge, recreation,
preservation of natural resources in the Kern River corridor to enhance the quality of life
for all citizens, and
WHEREAS, the City adopted a policy in 1992, and amended in 2001, that the
City desires to preserve, protect and promote the efficient use of water resources,
including water quality, conservation and flows in the Kern River channel; and
WHEREAS, in furtherance of the above policies the City has purchased
properties along the Kern River and in the Kern River stream bed in furtherance of and
to implement the policies calling for the preservation and protection of open spaces and
lands in and along the Kern River, and
WHEREAS, the City intends to purchase additional properties in and along the
river if and when they become available for purchase at a reasonable price, and the City
wants to give authorized representatives and management of the City's Water
Resources Department the discretion and ability to take quick action to secure,
negotiate for and purchase additional properties in and along the Kern River channel as
such properties become available, without having to secure further or advance
approvals for such action.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of
Bakersfield as follows:
1. The foregoing recitals are true and correct and incorporated herein by
reference;
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2. In furtherance of the above policies and resolutions, the Manager of the
City's Water Resources Department and his or her duly authorized representatives are
hereby granted authority to identify, select, negotiate for, secure, make deposits and
down payments, and purchase properties along and in the Kern River channel, as
identified in the attached map, as the properties become available for sale or transfer;
and
3. The Manager of the City's Water Resources Department and his or her
duly authorized representatives are further authorized to use funds from Agricultural
Water Fund to purchase, secure, make deposits and down payments, and contribute
towards the purchase of properties identified in the attached map, without the need for
prior or additional approvals and authorizations from the City; and
4. The Manager of the City's Water Resources Department and his or her
duly authorized representatives are further authorized to take additional action, as
necessary, to obtain, secure and purchase properties in and along the Kern River, as
identified in the attached map, including, but not limited to, the retention and
compensation of individuals or entities to assist in the acquisition of such properties;
and
5. The City shall take whatever steps are necessary to complete or carry out
the purchase of properties in and along the Kern River following initial action by the
City's Water Department.
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I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by
the Council of the City of Bakersfield at a regular meeting thereof held on .MAR 0 9 2011
by the following vote:
YE COUNCILMEMBER SALAS, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, JOHNSON
NOES: COUNCILMEMBER 110mc-
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER dLOY\~--
ROBERTA GAFF , CMC
CITY CLERK and x Officio Clerk of the
Council of the City of Bakersfield
APPROVED
MAR 0 9 2011
APPROVED AS TO FORM:
VIRGINIA G
City Attorney
By
C ISTI 111
Associate City Attorney
Attachment: Exhibit "A"
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