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