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HomeMy WebLinkAboutORD NO 3714ORDIN/~q'CE NO. ~ ? 1 4 AN ORDINANCE ADDING SECTIONS 13.04.021, 13.04.022 AND 13.04.023 TO THE BAKERSFIELD MUNICIPAL CODE RELATING TO MAINTENANCE DISTRICTS. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 13.04.021 is hereby added to the Bakersfield Municipal Code to read as follows: 13.04.021 Policy. It is the policy of the City of Bakersfield to include within a maintenance district all new developments that are subject to the Subdivision Map Act and that benefit from landscaping in the public right-of-way and/or public parks. Nothing shall preclude the City from requesting formation of a maintenance district as a condition of a zone change or general plan amendment where deemed necessary by the City. SECTION 2. Section 13.04.022 is hereby added to the Bakersfield Municipal Code to read as follows: 13.04.022 Application Process. A. No final map or certificate of compliance for a parcel map waiver may be recorded absent establishment of a maintenance district to provide for all future maintenance of any landscaping in the public right-of-way and of any public park required as a condition of approval of the development project for the area covered by the final map or parcel map waiver. B. In order to implement the provisions of subdivision A herein, all developers shall request the formation of such a maintenance district at the time of application for a tentative map or parcel map waiver. C. At the time of request of formation of a maintenance district, all costs associated with the formation of the district shall be paid in accordance with the provisions of Section 13.04.075 herein. Page 1 of 3 Pages - D. On or about July 1st of each year, any maintenance districts formed during the preceding fiscal year may be merged, at the discretion of the City Council, with the existing metro-wide Consolidated Maintenance District. SECTION 3. Section 13.04.023 is hereby added to the Bakersfield Municipal Code to read as follows: Section 13.04.023. Payment of Assessments. A. Maintenance assessments for newly-formed maintenance districts are calculated from the time the landscaping and/or public park is accepted by the City for maintenance purposes. B. Levy of the annual maintenance assessment shall occur on or before July 1st of each year. SECTION This Ordinance shall be posted in accordance with provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. .......... ooo .......... - Page 2 of 3 Pages - I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the %ipt~ ~kersfield at a regular meeting thereof held on 0 , by the following vote: AYES: COUNCILMEMBER DeMOND, CARSON, S~T~H, McDERMOTr, ROWLES, SULLIVAN, SALVAGGIO NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER Acting CITY CLERK and Ex Officio Clerk of the Council of the City 6f Bakersfield APPROVED A~0 3 ~ Mayor of the City of Bakersfield APPROVED AS TO FORM: JUDY K. SKOUSEN City Attorney of the City of Bakersfield RMS: rb - Page 3 of 3 Pages AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALWORNIA ) ) as. 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 April, 1996 she posted on the Bulletin Board at City Hall, a full, true and correct ~opy of the following: Ordinance No. 3714, passed by the Bakersfield City Council at a meeting held on the 3rd day of April, 1996, and entitled: AN ORDINANCE ADDING SECTIONS 13.04.021, 13.04.022 AND 13.04.023 TO THE BAKERSFIELD MUNICIPAL CODE RELATING TO MAINTENANCE DISTRICTS. /s/ CAROL WII,LIAMS City Clerk of the City of Bakersfield 13EPUTY C~ Cler{c/