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 -
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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
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