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HomeMy WebLinkAboutORD NO 2573ORDINANCE NO. 2573 NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD ADDING TITLE 18 TO THE MUNICIPAL CODE OF THE CITY OF BAKERSFIELD RELATIVE TO PUBLIC WORKS AND IMPROVEMENTS AND ADDING CHAPTER 18.04 THERETO, ESTABLISHING CITY OF BAKERSFIELD MAINTENANCE DISTRICT PROCEDURE. BE IT ORDAINED by as follows: That Title 18 the City of Bakersfield the Council of the City of Bakersfield SECTION 1. is hereby added as follows: to the Municipal Code of Chapters: 18.04 Title 18 PUBLIC WORKS AND IMPROVEMENTS Maintenance District Procedure. SECTION 2. That Chapter 18.04 is hereby contemporaneously added to Title 18 of the Municipal Code of the City of Bakersfield to read as follows: Chapter 18.04 MAINTENANCE DISTRICT PROCEDURE Sections: 18 18 18 18 18 18 18 18 18 18 18 18 18 18 18 18 18 .04.010 04.020 04.030 04.040 04.050 04.060 04.070 04.080 04.090 04.100 04.110 04.120 04.130 04.140 05.150 05.160 05.170 Short Title Alternative Procedures Ordinance Not Exclusive General Law Owner - Persons Chapter Controlling Municipal Affair Council Powers Applicable General Law Council Powers - Alternative Purpose Resolution of Intention Budget - Contents Filing With City Clerk Notice Hearing - Notice - Form Hearing - Form of Mailed Notice 18.04 18.04 18.04 18.04 18.04 18.04 18.04 18.04 18.04 18.04 18.04 180 Affidavits 190 Protests 200 Hearing Upon Formation 210 Majority Protest 220 Annual Hearing 230 Final Determination 240 Benefit Assessments - Posting 250 Method of Collection 260 Omitted Property 270 Additional Improvements 280 Withdrawal of Territory - Resolution 18.04.010 Short Title. This Chapter shall be cited and referred to as the City of Bakersfield Maintenance District Procedure. 18.04.020 Alternative Procedures. The procedures provided in the several sections hereof are alternative. 18.04.030 Ordinance Not Exclusive. This Chapter is not exclu- sive, but the Resolution of Intention in any proceedings under an act or general law may provide that such act or general law is supplemented by any portion or portions hereof. 18.04.040 General Law. The words "general law" or the word "act" shall mean an enactment of the Legislature of the State of California. Unless herein otherwise provided said general law or act shall be as now or hereafter amended or codified. 18.04.050 Owner - Persons. The word "owner" shall mean all persons owning real property whose names and addresses appear on the last equalized assessment roll or who are known to the City Clerk. The word "persons" means any individual, partnership, firm, associa- tion, corporation or other legal entity. 18.04.060 Chapter Controlling. The provisions of this Chapter shall be controlling over the provisions of any general law or act in conflict herewith in any proceedings hereunder. 18.04.070 Municipal Affair. This Chapter is adopted pursuant to the Municipal Affairs provision of the Charter of this City. In proceedings pursuant to this Chapter, which are a municipal affair, the general laws or acts referred to in this Chapter are deemed a part hereof. 18.04.080 Council Powers. The City Council may, in its resolu- tion declaring its intention to order work done or improvements made, or it may, by separate resolution, declare its intention to order that the costs and expenses of maintaining and operating any or all public improvements of a local nature, including the cost of necessary repairs, replacements, fuel, power, electrical current, care, supervision, and any or all other items necessary for the proper maintenance and operation thereof, shall be assessed, either partly or wholly, upon such district as the City Council shall determine will be benefitted by the maintenance and operation of the public improvements proposed to be maintained; the amounts so assessed to be collected in the same manner and by the same County officers as the taxes for general City purposes are collected. 18.04.090 Applicable General Law. When the City Council has declared its intention pursuant to Section 18.04.080, the applicable provisions of Chapter 26 of Part 3 of Division 7 of the Streets and Highways Code of the State of California, excepting Sections 5850 to 5853, inclusive, shall apply. 18.04.100 Council Powers - Alternative. The City Council may, in its resolution declaring its intention to order work done or improvements made, or it may, by separate resolution, declare its intention to order that costs and expenses of maintaining and operating any or all public improvements of a local nature, includ- ing the cost of necessary repairs, replacements, fuel, power, elec- trical current, care, supervision, and any and all otlher items necessary for the proper maintenance and operation thereof, shall be assessed either partly or wholly upon such district as the City Council shall determine will be benefitted by the maintenance and operation of the public improvements proposed to be maintained; the amounts so assessed shall be collected in the same manner and by the same County officers as the taxes for general City purposes are collected. The City Council may in said resolution of intention or said separate resolution reserve the right to perform the work of maintenance and operation of any or all public improvement of a local nature by City forces, such determination and election to be made for each year at the time the budget and assessment is approved for the year in question. 18.04.110 purpose. The purpose of this Chapter is to provide an alternative procedure by which the City Council may provide for the payment or any part of the costs and expenses of maintaining and operating any public improvements which are local in nature, payable from annual benefit assessments apportioned amongthe several lots or parcels of property within the maintenance district established therefor, the nature and formula or formulae for which is to be determined in the proceedings in which jurisdiction is provided and to provide an alternative procedure by which the City Council may reserve the right to elect to perform the work of maintaining and operating such public improvements by City forces in each of the years during which the district continues in existence, such election whether to proceed in this manner for a particular year to be determined and exercised each year at the time the budget and assessment are adopted for the year in question and not at the time the right to elect is reserved. It is contemplated that such procedure will enable the affected owners to be benefitted by main- tenance and operation of public improvements not otherwise fully available to such property owners or not otherwise fully furnished by the City. 18.04.120 Resolution of Intention. The resolution of intention or said separate resolution, declared pursuant to Section 18.04.100, shall contain a statement of the formula or formulae upon and by which annual assessment levies for the payment of said costs and expenses will be apportioned according to benefits among the several lots or parcels of property within the maintenance district to be established therefor, and zones of benefit if required. Said resolution shall instruct the Director of Public Works to annually prepare a report, which shall include a budget for the fiscal year in question. 18.04.130 Budget - Contents. The Director of Public Works shall annually prepare a budget for the costs and expenses of main- taining and operating any or all of said public improvements of a local nature during the ensuing fiscal year which shall include the following: (a) The gross amount required for the costs and expenses of maintaining and operating said public improvements; (b) The balance which will be available in the assessment fund at the end of the current fiscal year for such purpose; (c) The amount, if any, to be contributed by the City to pay any part of said costs and expenses; (d) Amounts to be repaid to City for any funds advanced by the City to pay deficits which occurred in prior years; (e) The net balance which is the amount necessary to pay costs and expenses. 18.04.140 Filing With City Clerk. When the budget has been completed by the Director of Public Works, it shall be incorporated into a report which, in addition to the budget, sets forth the benefit formula or formulae, a description of each lot or parcel of property in the maintenance district, by description sufficient to identify the same and the amount of assessment to be paid by the affected owner or levied against each parcel. Said report shall be signed by the Director of Public Works or his authorized repre- sentative, and filed with the City Clerk. The City Clerk shall place the matter on the agenda for a hearing by the City Council. 18.04.150 Notice. The City Clerk shall cause notice of hearing to be published once in a newspaper of general circulation in the City; to be mailed, postage prepaid, to all owners of property subject to the assessment and to be posted on or near the Council Chamber door or any bulletin board in or adjacent to the City Hall. Said mailing, publication and posting shall be completed not less than ten (10) days prior to such hearing. 18.04.160 Hearing - Notice - Form. The form of notice to be published and posted shall be substantially as follows: NOTICE OF HEARING ON PROPOSED MAINTENANCE DISTRICT NO. ( NOTICE IS HEREBY GIVEN that the Director of Public Works has caused to be prepared and filed with the City Clerk a report, in writing, which provides the basis for the benefit assessment for the following type(s) of maintenance and operation: to be borne by all lots or parcels of property within the (existing district) or proposed maintenance district No. , more particu- larly described in Exhibit "A" hereto attached and by reference incorporated herein. Said report sets forth the amounts to be pro- vided in the budget for maintenance and operation, a description of each lot or parcel of property in the maintenance district, by a description sufficient to identify the same, and the amount of assessment to be levied for the fiscal year 19 19 , against each lot or parcel of property. Said report shall be open to public inspection. Any interested owner objecting to: (Only items with x are subject to objection at this hearing.) establishment of the district; boundaries of the district; fairness of the benefit formula or formulae; zones of benefit; the amount of the assessment on any lot or parcel of property owned by him/her; if applicable, reservation by City of right to elect whether to proceed each year by either performance of work by City forces or by contract, or combination of both; may file with the City Clerk at or before the hour fixed for hearing a protest, in writing, signed by him/her, describing the o lot or parcel of property so that it may be identified, and stating the grounds of his/her protest, and may appear at said hearing and be heard in regard thereto. Said report will be heard by the Council at its meeting to be held on the day of , 19 , at the hour of 8 P.M. in the regular meeting place of said Council, Council Chambers, City Hall, 1501 Truxtun Avenue, Bakersfield, California, at which time and place said Council will examine said report and hear protests. Notice prior to the final determination of the district shall indicate that the formation of the district, the boundaries of the district, the benefit formula and the amount of assessment, reservation of right to proceed under City forces for operation and maintenance of the improvements, the cost of which is to be assessed wholly or partly upon the District, are subject to objection. In years thereafter, at an annual hearing, only the amount of assess- ment or changes in the formula or formulae are subject to objec- tion. 18.04.170 Hearing - Form of Mailed Notice. The form of mailed notice shall be substantially as hereinabove set forth, but shall also contain a description of the lot or parcel of property covered by the notice sufficient to identify it, and the amount of the proposed assessment against said lot or parcel of property as set forth in the report. 18.04.180 Affidavits. Affidavits or certificates of publication, posting and mailing shall be made and filed with the City Clerk. 18.04.190 Protest. The City Clerk shall receive written protests and shall endorse on each protest the date and time it is filed with him. No protest received after the time fixed for hearing shall be timely. Any written or oral protest not made at the time and in the manner provided herein, shall be deemed o to be waived voluntarily by any person who might have made such protest, and each person shall be deemed to have consented to the proposed assessment and any other act, determination, or proceeding on which protest could be made. 18.04.200 Hearing Upon Formation. In connection with the hear- ing provided for the establishment of the maintenance district, owners may protest as provided in Section 18.04.190 with regard to the formation of the district; the boundaries thereof; the zones of benefit, if any; the fairness of the benefit formula or formulae; the amounts of the assessments, and, if applicable, the reservation of the right to elect to proceed each year by perfor- mance of the work by City forces. The Council may take and receive oral and documentary evidence pertaining to the matters contained in the report of the Public Works Director, which report is pre- pared and filed by such City officer in accordance with the pro- visions of Section 18.04.140. 18.04.210 Majority Protest. If the City Council finds that the protest against the formation of the maintenance district is made by the owners of more than one-half of the area of the property included within the proposed maintenance district, no further pro- ceedings 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 four-fifths of the members of the City Council. The City Council may adjourn the hearing from time to time. 18.04.220 Annual Hearing. After a maintenance district has been established and finally determined, annual hearings will be limited to protest to the amounts of the assessment or any change in the formula or formulae. Such protests may be made as provided in Section 18.04.190. At such annual hearings, the City Council, of its own volition or in response to any protest made, heard or considered, may make modifications in the amounts of the assess- ments for the purpose of making the same more fair and equitable and may make modifications in the formula or formulae~ provided, however, that if modification is made which increases any assess- ment, before making a final determination as to such increased assessments, it shall set said matter for hearing at a subsequent meeting of said Council, which it shall call or to which it may adjourn; provided, further that it shall give notice of the time, place and purpose of said meeting, in accord with the notice pro- cedure set forth in Section 18.04.150. 18.04.230 Final Determination. At the initial hearing or at the annual hearing as herein provided or at any meeting to which either shall have been adjourned, or at any meeting of the City Council subsequent to the full hearing of said matter, the City Council may finally adopt the district, a formula or formulae for the apportionment of benefits in said annual assessment district, levy the assessment, and determine whether to reserve the right to perform the maintenance work by City forces. For each year there- after such election shall be made at the time the budget and assess- ment is approved for the year in question. 18.04.240 Benefit Assessment - Posting. 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 the benefit assessment levied and to be collected for said year on each lot or parcel of property within the maintenance district as set forth in said report. The amount so posted shall appear as a separate item on the tax bill. 18.04.250 Method of Collection. The special benefit assess- ments which are levied shall be collected upon the last secured tax roll upon which said ad valorem property taxes are collected. They shall be in addition to all of said ad valorem property taxes, and shall be collected together with, and not separate therefrom and enforced in the same manner and by the same persons alnd at the same time and with the same penalties and interest as are said ad valorem property taxes. 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 assessed lot or parcel of property, if sold for taxes, shall be subject to redemp- tion 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 purchaser. 18.04.260 Omitted Property. If any property within the mainten- ance district is erroneously omitted in any such report, said property shall be assessed for the omitted amount in the next year after such omission is discovered. 18.04.270 Additional Improvements. If, after the formation of a maintenance district, additional improvements of the same type or nature are constructed, or are intended to be constructed, within the boundaries of such district, the City Council shall adopt a resolution declaring its intention that the cost of maintaining and operating such additional improvements shall be borne by the exist- ing maintenance district. It shall fix a time and place for a hearing on such resolution, at which hearing any and all owners having any objections to the things proposed to be done may appear and be heard. The resolution shall contain a statement of the estimated annual cost of maintaining and operating such additional improve- ments. Notice of the hearing on the resolution shall be given to the owners within the existing maintenance district iln the manner prescribed by Section 18.04.150. At the hearing the City Council shall hear and pass upon any and all protests to the maintaining and operating of such additional improvements by the existing mainten- ance district and its decision shall be final and conclusive. At the conclusion of the hearing the City Council may, by order, entered upon its minutes, make the expenses of maintaining and operating such additional improvements a charge upon the existing maintenance district. 10. 18.04.280 Withdrawal of Territory - Resolution. Any portion of any maintenance district which will not be benefitted by remaining within the district, may be withdrawn therefrom. The City Council may, by resolution, fix a time for a hearing on the question of the withdrawal of any portion of a maintenance district which will not be benefitted by remaining within the district. SECTION 3. 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 .......... 11. 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 the 2?th day of Au§ust , 1980, by the following vote: CITY C~an~ Ex~O ficio Clerk of Council of the Cit~ of Bakersfield the APPROVED this 27they of August · 1980 APPROVED as to form: Affihav ! of ost ng rh nau es STATE OF CALIFORNIA, f County of Kern ss. H. E. BERGEN, being duly sworn, deposes and says: That he is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on .......................................~.g..u...s..~_...~...8.. ............................................, 19~_..~}_(~. he 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 ..... .~..u-.g..!!.~-~-. ~.? ........................................, 197_~.., which ordinance was numberec[ .... 25~3 ............ New Series, and entitled: AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD ADDING TITLE 18 TO THE MUNICIPAL CODE OF THE CITY OF BAKERSFIELD RELATIVE TO PUBLIC WORKS AND IMPROVEMENTS AND ADDING CHAPTER 18.04 THERETO, ESTABLISHING CITY OF BAKERSFIELD MAINTENANCE DISTRICT PROCEDURE. Subscribed and sworn to before me this ~.~.~h. day of A.!lgU$.t ..............