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.
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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
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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?