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HomeMy WebLinkAbout04/10/1990 VICE MAYOR REFERRAL (PROPOSED ORDINANCES ONLY) DATE OF REFERRAL: April 10, 1990 REFERRED TO: CONVENTION CENTER AND COMMUNITY SERVICES COMMITTEE ITEM: (Proposed) An Emergency Ordinance of the Council of the City of Bakersfield relating to Validation Proceedings for Maintenance District Formation Proceedings. BACKUP MATERIAL ATTACHED: Yes STATUS: To Council Committee on ~//77~ Committee Report No. ~ ~ PO Sent to Council on Public Hearing on Ordinance Adopted (date) Proposed Ordinance Canceled (date) Other cc: Carol Williams Mary Ellen Gonzales REFER2-90 JP M EM ORA N D U M April 3, 1990 TO: Vice Mayor Ken Peterson FROM: Arthur J. Saalfield, City Attorney SUBJECT: REFERRALS OF 1) A PROPOSED EMERGENCY ORDINANCE RELATING TO VALIDATION PROCEEDINGS FOR MAINTENANCE DISTRICT FORMATION PROCEEDINGS. 2) PROPOSED ORDINANCE RELATIVE TO POWERS OF THE DIRECTOR OF EMERGENCY SERVICES. Please refer the following proposed ordinances to whichever committee you deem appropriate: 1) EMERGENCY INTERIM ORDINANCE RE MAINTENANCE DISTRICT FORMATION PROCEEDINGS. Background: This ordinance allows the City, or any other party, to file a court action within sixty days of the date a'maintenance 'district is established to determine the validity of the proceedings leading to the. creation of such ~¥,~/1 district. I propose.that we pursue filing such an · . action immediately after Council action on April ~~t 25th, if the Council decides to approve the proposed ~-- City-Wide Park Maintenance.District. I'd like this ordinance to go to the City Council on April 18th for adoption as an emergency ordinance. Though referral to Committee is not a pre-requisite for emergency ordinances, I believe we should discuss this one with a Committee. If you will refer it to the Urban Development Committee, that Committee can discuss this ordinance at its. April 9th meeting. 2) POWERS OF THE DIRECTOR OF EMERGENCY SERVICES. Background: This ordinance allows partially destroyed structures to be immediately demolished ~ ~ under stated conditions. No ordinance now exists ~ which would control the decision-making process in , ~, the event of emergency situations requiring ~'~:i'~~ immediate demolition of significantly damaged structures. Memo to Vice Mayor Peterson Re: Ordinance Referrals April 3, 1990 Thank you. AJS/meg ORD-REFERRAL MD-EMS. MEM Attachments cc: J. Dale Hawley Jack Hardisty Paul Dow Ed Schulz Greg Klimko DRAFT EMERGENCY ORDINANCE NO. AN INTERIM EMERGENCY ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD ADDING SECTION 13.04.280 TO THE BAKERSFIELD MUNICIPAL CODE RELATING TOVALIDATION PROCEEDINGS FOR MAINTENANCE DISTRICT FORMATION PROCEEDINGS. WHEREAS, state law provides for the initiation of proceedings to determine the~validity of certain actions taken by public agencies; and WHEREAS, a resolution to establish a city-wide maintenance district is currently being considered; and WHEREAS, if such a district or any other maintenance district is established, it will be appropriate to initiate proceedings to determine the validity of the action prior to submitting the assessments to the Kern County Assessor for inclusion on the tax roll; and WHEREAS, Sections 23 and 24 of the Bakersfield City Charter permit the adoption of an emergency ordinance by a two- thirds vote of the City Council for the immediate preservation of the public health, peace, property or safety, or providing for the daily operation of a municipal department, in which the emergency is set forth in the preamble thereto; and WHEREAS, the ability to initiate such proceedings is necessary for the daily operation of the Community Services Department, Parks Division, immediately following the passage of the resolution forming a city-wide maintenance district in that the assessments for such district are intended to fund a necessary portion of daily operations of said Department and Division and must be forwarded in a timely manner to the Kern County Assessor's office for inclusion on the County Tax Roll. NOW, THEREFORE, 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 pursuant to the procedures in this Chapter, 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. 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 Emergency Ordinance is necessary for the daily operation of a municipal department. o0o - - 2 - 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 ,, by the following vote: CITY CLERK and Ex Officio Clerk of the Council of 'the City of Bakersfield APPROVED CLARENCE E..MEDDERS MAYOR of the City of Bakersfield APPROVED as to form: AR~UR J. SAALFIELD CITY ATTORNEY of the City of Bakersfield LCM/meg EMER-MNT.ORD 4/3/90 -- 3 --