HomeMy WebLinkAboutORD NO 3785ORDINANCE NO. 3 ? R 5
AN ORDINANCE ADDING SECTION 12.36.025 TO
CHAPTER 12.36 OF THE BAKERSFIELD MUNICIPAL CODE
RELATING TO CURB AND GUTTER FEES.
WHEREAS, the City of Bakersfield awards annual contracts for curb and gutter
construction; and
WHEREAS, property owners from time to time request the City construct curb and
gutters and allow for repayment from same from property taxes; and
WHEREAS, the City is willing to construct the curbs and gutters and receive
payment for same from property taxes provided that City's costs, principle and interest on
the funds advanced are timely paid, and the City's legal interest properly protected.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
BAKERSFIELD AS FOLLOWS:
SECTION 1.
Section 12.36.025 of Chapter 12.36 of the Bakersfield Municipal Code relating to
curb and gutter fees is hereby added.
12.36.026 Curb and gutter fees.
The City may, in cases of economic hardship and under the following conditions,
enter into an agreement with a property owner of a single family residence wherein the City
agrees to construct curbs, gutters, sidewalk, driveway approaches, connecting pavement
and canal fences on the property owner's land and the property owner agrees to repay to
City the cost of same through the property owner's property tax bill over a period not to
exceed three (3) years. Said cost shall be considered a lien on the owner's property upon
which the improvements were constructed. The agreement shall require the full cost of
construction be repaid, including interest at the legal rate; the full repayment of the
contract price within three (3) years from the date the agreement is signed; an indemnity
from the property owner to protect the City; and any other provision deemed necessary by
the City Attorney for the protection of the City.
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ORIGINAL
SECTION 2.
This Ordinance shall be posted in accordance with the provisions of the Bakersfield
Municipal Code and shall become effective thirty (30) days from and after the passage.
I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the
Council of the City of Bakersfield at a regular meeting thereof held on .AU8 2 0 1997
by the following vote:
NOES: COUNC]LMEMEER
ABSTAIN: COUNCILMEMBER
~: NT: 60UNCILMEMI~R
AYES: COUNCILMEMBER DeMOND, CARSON?,~M, McDERMOTT', ROWLES, SULL~AN, $ALVAGGIO
CITY CLERK and Ex OfficeClerk of the
Council of the City of Bakersfield
APPROVED .AUG 2 0 1997
MAYOR of the City of Bakersfield
APPROVED as to form:
JUDY K. $KOUSEN
City Attorney
/uo¥ s pusE.
ADD:dlr
S;~COUNCIL~ORD~CURBGUTR.ORD--July 30, 1997
-- Page 2 of 2 Pages --
ORIGINAL
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA )
) SS.
COUNTY OF KERN )
PAMELA A. McCARTHY, 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 21st day of August, 1997 she posted on the Bulletin Board at City Hall, a
full, true and correct copy of the following: Ordinance No. 3'785, passed by the Bakersfield
City Council at a meeting held on the 20th day of August, 1997, and entitled:
Ordinance adding Section 12.36.025 to
Chapter 12.36 of the Bakersfield Municipal
Code relating to curb and gutter fees.
/s/ PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
DEPUTY City Clerk~ u
3~iGINAL