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Home My WebLink AboutORD NO 4186ORDINANCE NO. 41i 6 AN ORDINANCE AMENDING CHAPTER 13.04 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO NOTICE AND HEARING REQUIREMENTS FOR MAINTENANCE DISTRICTS. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION1. Chapter 13.04 is hereby amended to read as follows: 13.04.140 Hearing~Notice. A. When assessments are not increased. The City Clerk shall publish notice, in accordance with state law, of the hearing where it is proposed that the maintenance district annual budget and report of the Public Works Director be adopted. B. When assessments are increased or a maintenance district is formed. The City Clerk shall publish notice, in accordance with state law, of the hearing where it is proposed that the maintenance district annual budget and report of the Public Works Director be adopted. In addition, the notice, protest, hearing and ballot requirements of Government Code § 53753, as the same may be amended, shall be followed. 13.04.150 Protests when assessments are not increased. A. At the annual hearing on a maintenance district where the assessments are not increased, the City Clerk shall receive written protests and shall endorse on each protest the date and time it is filed with him or her. B. No protest received after the time fixed for hearing shall be timely. C. Any written or oral protest not made at the hearing shall be deemed to be waived voluntarily by any person who might have made such protest, and each person shall be deemed to have consented to the contents of the annual budget and report of the Public Works Director, D. If, at the annual hearing where assessments are not increased the City Council finds that the protest against the assessments is made by owners of more than one-half of the area of the property included within the maintenance district, no further proceedings shall be taken for a period of six months from the date of the decision of the City Council on the hearing, unless the protests are overruled by an affirmative vote of five members of the City Council. ORIGINAL 13.04.160 Final determination. A. At the hearing where a maintenance district is formed or assessments are increased, the City Council may establish the district and boundaries thereof, adopt the district, a formula or formulae for the apportionment of benefits in the district, levy the assessment, determine zone of benefit, and whether to reserve the right to perform the maintenance work by City fomes or by contract. B. At the annual hearing where assessments are not increased, the City Council may adopt the annual budget and report of the Public Works Director. Sections 13.04.230, 13.04.240 and 13.04.280 are hereby renumbered as follows: 13.04.170 Benefit assessment - Posting. A. The officer designated by law to extend ad valorem property taxes upon the tax roll on which they are collected shall post to said tax roll the total amount of benefit assessment levied and to be collected for said year on each lot or pamel of property within the Maintenance District as set forth in said report. B. The amount so posted shall appear as a separate item on the tax bill. 13.04.180 Benefit assessment - Method of collection. A. The special benefit assessments which are levied shall be collected upon the last secured tax roll upon which said ad valorem property taxes are collected. B. They shall be in addition to all of said ad valorem property taxes, and shall be collected together with, and not separate therefrom and enfomed in the same manner and by the same persons and at the same time and with the same penalties and interest as are said ad valorem property taxes. C. All laws applicable to the collection and enforcement of said ad valorem property taxes shall be applicable to said special benefit assessment levy, and the addressed lot or parcel of property, if sold for taxes, shall be subject to redemption in the same manner as such real property is redeemed from the sale for ad valorem property taxes, and if not redeemed, shall in like manner pass to the pumhaser. 13.04.190 Validating proceedings. A. Within sixty days of establishment of any Maintenance District, or within sixty days of Council approval of any Maintenance District annual budget and assessment, pursuant to the procedures of this chapter, or within sixty 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 suc~,,~<3, action. × 2 OR 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 sixty 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 interest 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 provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. ..... ooOoo ..... 3 ORIGINAL I HEREBY CERTIFY that the foregoing Ordinance was passed and adop. ted by the Council of the City of Bakersfield at a regular meeting thereof held onAPR by the following vote: COUNCILMEMBER COUCH, G~d;~O~'!, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER COUNClLMEMBER COUNCILMEMBER ( '~ ,,.Z3b/,.~ CITY CLERK and EX OFFICIO ~'~/the Council of the City of Bakersfield' APPROVED: 8 2004 By:~ CITY OF BAKERSFIELD APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney ROBERT M. SHERFY /,/~' Deputy City Attorney RMS:dll S:\COUNClL\Ords\l 3.04Am nd. MaintenanceDistrictRedline.wpd 4 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 29th day of April , 2004 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4186., passed by the Bakersfield City Council at a meeting held on the 28th day of April, 2004 and entitled: AN ORDINANCE AMENDING CHAPTER '13.04 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO NOTICE AND HEARING REQUIREMENTS FOR MAINTENANCE DISTRICTS. /si PAMELA A. McCARTHY City Clerk of the City of Bakersfield City Clerk ORIGINAL