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HomeMy WebLinkAboutORD NO 3036ORDINANCE NO. 3036 NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD ADDING CHAPTER 13.08 TO THE BAKERSFIELD MUNICIPAL CODE RELATING TO LOCAL IMPROVEMENT PROCEDURES. WHEREAS, the City of Bakersfield is a charter city with certain municipal home rule powers; and WHEREAS, the general statutes and laws of the State of California pertaining to local improvement procedures may be sup- plemented to provide the City of Bakersfield broader discretion and more flexibility when the City Council determines the need or desirability. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as Chapter 13.08 Municipal Code as follows: Sections: 13.08.010 13.08.020 13.08.030 13.08.040 13.08.050 follows: SECTION 1. is hereby added to the Bakersfield CHAPTER 13.08 LOCAL IMPROVEMENT PROCEDURES Assessment proceedings. Single proceeding. Chapter not exclusive. Definitions. Particular proceedings. 13.08.010 Assessment proceedings. Proceedings for the acquisition or construction, or of any public improvement or property of a local nature or both, the acquisition of lands or easements, or buildings or improve- ments or property, or any or more than one thereof, therefor, may be had pursuant to this chapter, whether or not provided in any general law. 13.08.020 Single proceeding. One or more acquisitions and improvements or acquisi- tions or improvements may be had in a single proceeding. 1~.08.030 Chapter not exclusive. This chapter is not exclusive. The resolution of inten- tion in any proceeding under an act or general law may provide that such act or general law is supplemented by any part or parts hereof. 13.08.040 Definitions. For purposes of this chapter, the following words shall have the meanings set forth hereinbelow: A. "Acquisition", etc. The words "acquisition" and "improvement", refer to that which is done, which is to be done, or which may be done under proceedings had under this chapter, and/or the purchase and retirement of bonds which have been issued therefor, and shall be understood to be generic and as being employed for the purpose of brevity and to avoid repeti- tion, and shall refer to and include any or all of the things comprehended in the meaning of the words acquire and improve herein. B. "Work". "Work" or "improvement", whether used sin- gly or in combination, means and includes any work which is authorized to be done or any improvement which is authorized to be made under this chapter as well as the construction, recon- struction and repair of all or part of any such work or improvement. Section 13.08.050 Particular proceedings. When proceedings are taken pursuant to the Municipal Improvement Act of 1913, the following shall apply: A. Works or improvements which are existing or under construction may be acquired for the value thereof to be deter- mined by the Council. Payments on account of such acquisition may be made to the owner or the assigns of the owner as the work progresses, based on Engineer's certificates. The provisions of Section 10010(a) of the Streets and Highways Code, requiring that any works, improvements, appliances or facilities to be acquired be in existence and installed in place on or before the date of adoption of the resolution of intention for the acquisition thereof, shall not apply. This section shall apply to any pro- ceeding wherein the resolution of intention is adopted after May 1, 1986, provided such resolution specifically refers to this section by number. B. The time provided for payment of assessments may be thirty days or such other period as the Council determines in the interest of the affected parties. If the owners of 100% of the assessed property consent, the time for payment may be waived. SECTION 2. This ordinance shall be posted in accordance with the City charter provisions and shall become effective thirty (30) days from and after the date of its passage. .......... o0o .......... I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regu- lar meeting thereof held on the 7th day of May , 19_8~ by the following vote: CLERK an Ex O flclo Clerk of the Council of the City of Bakersfield APPROVED this 7th day of May , 198--6 MAYOR of the City of ~akersfield APPROVED as to form: AJS/bl 50.PROC 4 Affi avt! of os tng ( rhtnam:es STATE OF CALIFORNIA t ss. 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 blaV 14 , 19 86 , she posted on the Bulletin Board at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City at a meeting thereof duly held on May 7 , 19 86 , which ordinance was numbered 3036 New Series, and entitled: AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD ADDING CHAPTER 13.08 TO THE BAKERSFIELD MUNICIPAL CODE RELATING TO LOCAL IMPROVEMENT PROCEDURES. City Clerk Subscribed and sworn to before me this .... ~..4.t.h day of .............. M..a..y .......................... ,19.....~ ..... '~2't~r~ Public in and for"}'2':"-'~2~ ~ern,':~lifomia ' ~} RO..ERTA FAY GAFFORD ( ~ NOTA~PUBUC-CALIFO~NIA My comm. expires