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 ..............