HomeMy WebLinkAboutORD NO 3289NO. 3289
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD ADDING SECTION 13.04.280 TO THE
BAKERSFIELD MUNICIPAL CODE RELATING TO
VALIDATION PROCEEDINGS FOR MAINT~z4ANCE
DISTRICTS.
BE IT ORDAINED by the Council of the City of
Bakersfield as follows:
SECTION 1.
Section 13.04.280 is hereby added to the Bakersfield
Municipal Code to read as follows:
13.04.280 Validating proceedings.
A. Within 60 days of establishment of any maintenance
district, or within 60 days of Council approval of any
maintenance district annual budget and assessment, pursuant to
the procedures in this Chapter, or within 60 days of the
effective date of the ordinance enacting this section, whichever
is later, the city may bring an action in the Kern County
Superior Court to determine the validity of such action.
B. If no proceedings have been brought by the City
pursuant to this section, any interested person may bring an
action within the time and in the court specified by subsection
A. to determine the validity of such matter. If the interested
person bringing such action fails to complete the publication and
such other notice as may be prescribed by the court in accordance
with Section 861 of the California Code of Civil Procedure and to
file proof thereof in the action within 60 days from the filing
of his complaint, the action shall be forthwith dismissed on the
motion of the city unless good cause for such failure is shown by
the interested person.
C. The validating proceedings shall be initiated and
conducted in conformance with Sections 860 - 870 of the
California Code of Civil Procedure.
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 MEREBY CERTIFY that the foregoing Ordinance was
passed and adopted by the Council of the City of Bakersfield at a
regular meeting thereof held on MAY - 2 1§§0 , by the
following vote:
AYES: COUNCILMEMBERS EDWAR.D~, DeMONO. SMITH. BRUNNI, PETERSON, McDERMOTT. SALVAGBIO
NOES. COUNCILMEMBERS .,V~' ,Vc~
ABSENT COUNCILMI::MBERSi
ABSTAIN: COUNCILMEMBERS
C.[TY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED MAY - ~ 1§§0
CLARENCE E. MEDDERS
MAYOR of the City of Bakersfield
APPROVED as to form:
/ i:' '" / -
ARTMUR J. ~'i~ALF~'[[I~ / /
LCM/meg
VALIDATE. ORD
4/17/90
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) 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 the 8th day of May , 19 90 she
posted on the Bulletin Board at City Hall, a full, true and correct copy of
the following: Ordinance No.
City Council at a meeting held on the
and entitled:
3289 , passed by the Bakersfield
2nd day of May , 1990 ,
CAROL WILLIAMS
CITY CLERK of the City of Bakersfield
By:
DEPUTY City Clerk
NSAOPD