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HomeMy WebLinkAboutORD NO 3643O DINARCE NO. 6 4 $ AN ORDINANCE ADDING SECTIONS 13.08.060 AND 13.08.070 TO CHAPTER 13.08 OF THE BAKERSFIELD MUNICIPAL CODE REQUIRING NOTICES TO BUYERS OF PROPERTY SUBJECT TO ASSESSMENT DISTRICT LIENS AND AUTHORIZING THE REALLOCATION OF SPECIAL ASSESSMENTS FROM BENEFITTED PARCELS TO OTHER PARCELS WITH THE EXPRESS WRITTEN CONSENT OF THE ONNERS OF THE PARCELS ASSESSED. WHEREAS, currently no law requires notice be provided to buyers of property subject to assessment districts but the city does have authority to require notice to be provided; and WHEREAS, the City Council finds that notice to prospective buyers advises them that a property is in an assessment district and of the amounts of such assessments; and WHEREAS, Section 10204 of the California Streets and Highways Code requires that the cost and expenses of authorized public improvements which are the subject of special assessment proceedings conducted pursuant to the Municipal Improvement Act of 1913 (Sections 10000 and following, California Streets and Highways Code) be allocated among the benefitted parcels of land proportion to the estimated benefit to be received by such parcels from such improvements; and WHEREAS, on occasion property owners who wish to expedite special assessment proceedings will consent to the reallocation of amounts otherwise assessable to parcels of land owned by third parties to the parcels owned by the proponent property owners or to the reallocation of amounts otherwise assessable to different parcels owned by the proponents; and WHEREAS, this City Council finds and determines that it is in the public interest and in furtherance of the orderly development of undeveloped land within the City in accordance with the goals and standards of the General Plan of the City to authorize such reallocation in order to expedite and facilitate such special assessment proceedings by relieving non-proponent property owners of the economic burden of installing and constructing such public improvements; and WHEREAS, this City Council finds and determines that the matter of authorizing such reallocation is a "municipal affair" of the City of Bakersfield within the meaning of Section 5 of Article XI of the California State Constitution; ORIGINAL NOW, THEREFORE, the City Council of the City of Bakersfield does ordain as follows: 13.08.060 Notice to Buyer. The developer and all subsequent sellers of real property subject to any special assessment district liens in the City of Bakersfield created after the effective date of this ordinance shall record a deed restriction binding upon the property owner, running with all the land included in the assessment district and binding on all subsequent property owners requiring that the current owner and all future owners, prior to selling any property subject to a special assessment lien, give notice of said lien to each buyer of such property before escrow is opened for the sale of such property. The notice shall include the principal amount balance remaining due and the estimated annual payment and shall be in the form provided by the City Attorney's Office. 13.08.070 Benefit Spread. A. In special assessment proceedings conducted by the City of Bakersfield pursuant to the Municipal Improvement Act of 1913 (Sections 10000 and following, California Streets and Highways Code), as amended from time to time (the "1913 Act"), and notwithstanding any provision of the 1913 Act to the contrary, the City may determine and implement an alternate method and rate of assessment reallocating assessments to alternate properties. B. Such reallocation may occur even though doing so will result in no assessment being levied upon property which is, in fact, benefitted by improvements for which the assessments are levied and which is determined differently from a direct cost/benefit ratio. C. Such alternate methods and rates of assessments may only be determined and implemented by the City when so requested by the owner of all property to be assessed, and upon written and recorded consent of the owner of the property to which assessments are reallocated. D. Additionally, such alternate methods and rates of assessment may only be determined and implemented by the City to pay for improvements that bear a rational nexus to the property to be assessed. ORIGIk~kL E. Under no circumstances shall the City be obligated to implement any reallocation set forth in this section, the determination to do so or not to do so being discretionary with the City. F. Except as otherwise provided for in this chapter, the provisions of the 1913 Act shall remain in full force and effect. .......... ooo .......... 3 ORIGINAL I HEP~BY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on APR 0 ~ 19~5 , by the following vote: AYES; COUNCILMEMBER DeMO,~, C~,RSON, SMITH, McDERMOI-f, ROWLES, CHOW, '~' ,,' I'", ' r,~: ,~-~ ( ABSENT: COUNCiLMEMBER ~/~ [ ............. C[~ C%~R~ a~d ~ O~c~o C[e=~ oZ the Cou~c&[ o~ the C~ty o~ Bakersfield APPROVED APR 0 5 1995 KEVIN MCDERMOTT Mayor Pro Tem APPROVED AS TO FORM: J~DT K. SKOOSEN City Attorney of the City of Bakersfield JKS:RM$:rb ordillanc¢\a ssess.943 ORIGINAL AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) County of Kern ) CAROL WILLIAMS, 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 4th day of May, 1995 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3643, passed by the Bakersfield City Council at a meeting held on the 3rd day of May, 1995, and entitled: AN ORDINANCE ADDING SECTIONS 13.08.060 AND 13.08.070 TO CHAPTER 13.08 OF THE BAKERSFIELD MUNICIPAL CODE REQUIRING NOTICES TO BUYERS OF PROPERTY SUBJECT TO ASSESSMENT DISTRICT LIENS AND AUTHORIZING THE REALLOCATION OF SPECIAL ASSESSMENTS FROM BENEFITTED PARCELS TO OTHER PARCELS WITH THE EXPRESS WRITTEN CONSENT OF THE OWNERS TO THE PARCELS ASSESSED. /s/ CAROL WILLIAMS City Clerk of the City of Bakersfield DEPUTY City ~erk ~ J?