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HomeMy WebLinkAboutORD NO 4051ORDINANCE NO. ~: 0 5 lJ. AN ORDINANCE AMENDING CHAPTER 16.32.060 F. OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO BRIDGE CROSSINGS AND MAJOR THOROUGHFARES BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Chapter 16.32.060 F is hereby amended to read as follows: F. Bridge Crossings and Major Thoroughfares. 1. Prior to filing any final tract or parcel map or issuance of a building permit, fees may be assessed and collected pursuant to Section 66484 of the California Government Code for the purpose of defraying the actual or estimated costs of constructing the following bridge crossings or major thoroughfares identified in the transportation or flood control provisions of the circulation element of the Metropolitan Bakersfield 2010 General Plan: a. Ashe Road Planned Bridge and Major Thoroughfare Area. b. Hageman Road Planned Major Thoroughfare Area. 2. In order for such fees to be assessed and collected, the following requirements must be met: a. The bridge or thoroughfares for which costs are to be assessed are identified in the transportation or flood control provisions of the circulation element of the Metropolitan Bakersfield 2010 General Plan. The primary purpose of the major thoroughfares is to carry through traffic and provide a network connecting to the state highway system. b. A public hearing pursuant to Government Code Section 66484 (a)(2) and (3) shall be held by the council for each area benefited, and the boundaries of each such area, costs, and method of fee apportionment shall be set forth in a resolution to be adopted by the council. c. Payment of fees shall not be required unless the major thoroughfares are in addition to, or a reconstruction of, any existing major thoroughfares serving the area at the time of the adoption of the boundaries of the area of benefit. d. Payment of fees shall not be required unless the planned bridge facility is an original bridge serving the area or an addition to any existing bridge facility serving the area at the time of the adoption of the boundaries of the area of benefit. The fees shall not be expanded to reimburse the cost of existing bridge facility construction. e. The city clerk shall receive written protests and endorse on each protest the date and time it was filed. Page 1 of 3 .::¢ "~,'~ i. No protest received after the time fixed for the public heating shall be timely; ii. If a written protest is filed by owners of more than one-half of the area of the property to be benefited by the improvement, and sufficient protests are not withdrawn so as to reduce the area represented to less than one-half of that to be benefited then the proposed proceedings shall be abandoned, and the council shall not, for one year from the filing of that written protest, commence or carry on any proceedings for the same improvement or acquisition under the provisions of this section; iii. Any protests may be withdrawn by the owner protesting, in writing, at any time prior to the conclusion of a public heating held pursuant to the subsection F., 2. b. of this section; iv. If any majority protest is directed against only a portion of the improvement then all further proceedings under the provisions of this section to construct that portion of the improvement so protested against shall be barred for a period of one year, but the council may commence new proceedings not including any part of the improvement or acquisition so protested against. Nothing in this section prohibits the council, within that one-year period, from commencing and carrying on new proceedings for the construction of a portion of the improvement so protested against if it finds, by the affirmative vote of four-fifths of its members, that the owners of more than one-half of the area of the property to be benefited are in favor of going forward with that portion of the improvement or acquisition. 3. Fees paid pursuant to this section shall be deposited in a planned bridge facility or major thoroughfare fund. A fund shall be established for each planned bridge facility project or each planned major thoroughfare project. If the benefit area is one in which more than one bridge is required to be constructed, a fund may be so established covering all of the bridge projects in the benefit area. Money in the fund shall be expended solely for the construction or reimbursement for construction of the improvement serving the area to be benefited and from which the fees comprising the fund were collected, or to reimburse the city for the cost of constructing the improvement. 4. Nothing in this section prohibits the acceptance of considerations in lieu of the payment of fees. SECTION 2. This Ordinance shall be posted in accordance with the provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. ....... ooOoo ....... Page 2 of 3 I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held onFFB 2,0 200~ by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER ~ COUNCILMEMBER ~ COUNCILMEMBER ~ CITY CLERK and EX OFFICIO of the Council of the City of Bakersfield APPROVED: FEB 2-0 HARVEY L. HALL, Mayo~ CITY OF BAKERSFIELD APPROVED AS TO FORM: BART J. THILTGEN City Attorney VIRGINIA GENNARO//~ Deputy City Attorney VG:alj S:\COU NCIL\Ords\l 6.32,060FArnend,,wpd Page 3 of 3 AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) SS. County of Kern ) PAMELA A. McCARTHY, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on the 22nd day of February , 2002 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4051 , passed by the Bakersfield City Council at a meeting held on the 20th day of February 2002 and entitled: AN ORDINANCE AMENDING CHAPTER 16.32.060 F. OF THE MUNICIPAL CODE RELATING TO BRIDGE CROSSINGS THOROUGHFARES BAKERSIFELD AND MAJOR /s/PAMELA A. McCARTHY City Clerk of the City of Bakersfield BY:~_~'~,' ~, ~ ~ v D E P UTY"~ity"'O'te r k