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Home My WebLink AboutORD NO 4505 ORDINANCE NO. ---A 5 0 5 ORDINANCE AMENDING 13.04.021, 13.04.022 AND BAKERSFIELD MUNICIPAL MAINTENANCE DISTRICTS SECTIONS 13.04.020, 13.04.023 OF THE CODE RELATING TO BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 13.04.020 of the Bakersfield Municipal Code is hereby amended to read as follows: 13.04.020 Purpose. A. 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 among the 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. B. It is contemplated that such procedure will enable the affected owners to be benefited by maintenance and operation of public improvements not otherwise fully available to such property owners or not otherwise fully furnished by the city. Ca It-e enumeration of SDecific DubUc imDrovements in this chaDter sl1a111 not Dreclude the cltv from forrnina maintenance districts for other Dut>>Wi imDrovements. SECTION 2. Section 13.04.021 of the Bakersfield Municipal Code is hereby amended to read as follows: 13.04.021 Policy. A.. It is the policy of the city to include within a maintenance district all new developments that are subject to the Subdivision Map Act and that benefit from storm C:\DOCUME-1\Jskinner\LOCALS-1\T emp\XPgrpwise\ 13.04.MaintenanceDistrictsRdln3.doc - Page 1 of 4 Pages - <<. <:oM~;)> () ~ >.. - f- m _ r- <..) t:::1 ORIGINAL drain facilities, landscaping in the public right-of-way and/or public parks. Nothing shall preclude the city from requesting formation of a maintenance district, or joining a maintenance district, as a condition of a zone change, or general plan amendment, or conditional use permit, or during site plan review where deemed necessary by the city. B. "Storm drain facilities" as that term is used in this chapter shall include, but not be limited to the cost of any county-imposed storm drain maintenance service charge, but shall exclude standard catch basins, standard sump facilities, storm drain lines, and manholes. SECTION 3. Section 13.04.022 of the Bakersfield Municipal Code is hereby amended to read as follows: 13.04.022 Application process. A. No final map or certificate of compliance for a parcel map waiver may be recorded absent establishment of a maintenance district to provide for all future maintenance of storm drain facilities, landscaping in the public right-of-way and ef any public park required as a condition of approval of the development project for the area covered by the final map or parcel map waiver. B. In order to implement the provisions of section A herein, all developments shall form a maintenance district at the time of application for a tentative map or parcel map waiver. C. At the time of request of formation of a maintenance district, all costs associated with the formation of the district shall be paid in accordance with the provisions of Section 13.04.075 herein. D. On or about July 1 st of each year, any maintenance districts formed during the preceding fiscal year may be merged, at the discretion of the city council, with the existing metro-wide consolidated maintenance district. SECTION 4. Section 13.04.023 of the Bakersfield Municipal Code is hereby amended to read as follows: 13.04.023 Payment of assessments. A. Maintenance assessments for newly formed maintenance districts are calculated from the time the storm drain facilities, landscaping and/or public park is accepted by the city for maintenance purposes. S:\PROJ ECTS\MAI NDIST\ 13. 04. MaintenanceDistrictsAmend.doc -- Page 2 of 4 Pages -- '?;M~;)> J lP -1'1 >.. - f- m _ r- <..) CI ORIGINAL B. Levy of the annual maintenance assessment shall occur on or before July 1 st of each year. SECTION 5. 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. --00000-- S:\PROJ ECTS\MAI N Dlsn 13. 04.MaintenanceD istrictsAm end .doc -- Page 3 of 4 Pages -- << '?;M~;)> () % >.. - f- m - r- <..) CI ORIGINAL 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 HAY 0 7 7nnA , by the following vote: tfi/ N S: ABSTAIN: ABSENT: COUNCILMEMBER CAR~, B[~JI I/,M, W~, C~H, HAN~, SUd::V::N, SCRrv:ER COUNCILMEMBER ~ COUNCILMEMBER ~ COUNCILMEMBER 16 ~ Lf.<<1:CA< ~ PAMELA A. McCARTHY, CMC CITY CLERK and EX OFFICIO of the Council of the City of Bakersfield By: 7'" HARVEY L. HALL Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By:~m ~ ROBERT M. SHERFY Deputy City Attorney RMS:lsc S:\PROJ ECTS\MAI N olsn 13. 04.MaintenanceOistrictsAm end.doc -- Page 4 of 4 Pages -- <:oMt;)> ~ ~ :0>-. m f- r= o c:;, 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 8th day of Mav, 2008 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4505 ,passed by the Bakersfield City Council at a meeting held on the 7th day of Mav. 2008 and entitled: AN ORDINANCE AMENDING SECTIONS 13.04.012, 13.04.022 AND 13.04.023 OF THE MUNICIPAL CODE RELATING TO MAINTENANCE DISTRICTS. PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield B~O~~ DEPUTY City Clerk S:\DOCUMENT\FORMS\AOP .ORD.wpd 5/7/2008 ORDINANCE NO. -A 5 0 5 POSTED ON by dty~e~': Office City of B ersfield ORDINANCE AMENDING SECTIONS 13.04.020, 13.04.021, 13.04.022 AND 13.04.023 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO MAINTENANCE DISTRICTS ~ by BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 13.04.020 of the Bakersfield Municipal Code is hereby amended to read as follows: 13.04.020 Purpose. A. 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 benefrt assessments apportioned among the 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. B. It is contemplated that such procedure will enable the affected owners to be benefited by maintenance and operation of public improvements not otherwise fully available to such property owners or not otherwise fully furnished by the city. ~ !he enumeration of SDectfJc DuftllkWmDrovements in tbla-GhaDta,r IbIIJ not Dreclu~ from tQ.r:mina malDtenance ctIIldGtIJor other DUbBs! ImDrQVementL SECTION 2. Section 13.04.021 of the Bakersfield Municipal Code is hereby amended to read as follows: 13.04.021 Policy. ~ It is the policy of the city to include within a maintenance district all new developments that are subject to the Subdivision Map Act and that benefrt from storm C:\DOCUME-1\Jsklnner\LOCALS-1\Temp\XPgrpwlse\ 13.04.MaintenanceDlstrlctsRdln3.doc - Page 1 of 4 Pages - '?;M~;)> J ~ ;,... m S r- <..) t:::1 ORIGINAL