Bakersfield Municipal Code Ch. 13.08 Local Improvement Procedures

13.08.080 1915 Act bond redemption premiums.

Proceedings for the acquisition or construction, or both, of any public improvement or property of a local nature of the acquisition of lands or easements, or buildings or improvements or property, or any or more than one thereof, therefor, may be had pursuant to this chapter, whether or not provided in any general law. (Ord. 3036 § 1, 1986)

One or more acquisitions and improvements or acquisitions or improvements may be had in a single proceeding. (Ord. 3036 § 1, 1986)

This chapter is not exclusive. The resolution of intention in any proceeding under an act or general law may provide that such act or general law is supplemented by any part or parts hereof. (Ord. 3036 § 1, 1986)

For purposes of this chapter, the following words shall have the meanings set forth hereinbelow:

A. “Acquisition,” etc. The words “acquisition” and “improvement,” refer to that which is done, which is to be done, or which may be done under proceedings had under this chapter, and/or the purchase and retirement of bonds which have been issued therefor, and shall be understood to be generic and as being employed for the purpose of brevity and to avoid repetition, and shall refer to and include any or all of the things comprehended in the meaning of the words acquire and improve herein.

B. “Work”. “Work” or “improvement,” whether used singly or in combination, means and includes any work which is authorized to be done or any improvement which is authorized to be made under this chapter as well as the construction, reconstruction and repair of all or part of any such work or improvement. (Ord. 3036 § 1, 1986)

When proceedings are taken pursuant to the Municipal Improvement Act of 1913, the following shall apply:

A. Works or improvements which are existing or under construction may be acquired for the value thereof to be determined by the council. Payments on account of such acquisition may be made to the owner or the assigns of the owner as the work progresses, based on engineer’s certificates. The provisions of Section 10010(a) of the Streets and Highway Code, requiring that any works, improvements, appliances or facilities to be acquired be in existence and installed in place on or before the date of adoption of the resolution of intention for the acquisition thereof, shall not apply. This section shall apply to any proceeding wherein the resolution of intention is adopted after May 1, 1986, provided such resolution specifically refers to this section by number.

B. The time provided for payment of assessments may be thirty days or such other period as the council determines in the interest of the affected parties. If the owners of one hundred percent of the assessed property consent, the time for payment may be waived. (Ord. 3036 § 1, 1986)

A. Delivery of Local Addendum TDS. All transferors (sellers) of real property (including developers) subject to any special assessment district liens in the city of Bakersfield shall deliver to the buyer a completed Local Addendum Transfer Disclosure Statement pursuant to California Civil Code Section 1102.6(a), in which the nature and amount of all existing and/or proposed special assessment liens regarding the property shall be set forth plainly and concisely. This requirement applies to transfers by sale, exchange, installment land sale contracts (as defined in Civil Code Section 2985), lease with option to purchase, any other option to purchase, or ground lease coupled with improvements, unless the transfer is exempt as set forth in subsection C below. If the seller is unaware of the exact amount of the special assessment lien, the seller shall estimate the lien amount based on information and knowledge available or known to seller at the time of the disclosure.

B. Time of Delivery. In the case of transfers of new one-to-four unit residential properties wherein the transferror is a developer or original builder and the residential property has not previously been occupied, the Local Addendum Transfer Disclosure Statement shall be delivered to the buyer at or prior to the time the buyer enters into a contract for the sale of the property. In all other cases, the Local Addendum Transfer Disclosure Statement shall be delivered to the buyer within five days after entering into a contract for the sale of the property.

C. Exempt Transfers. Transfers made pursuant to Business and Professions Code Section 11010.4 (sales of new one to four unit residential properties where no public report is required) shall not be exempt from the requirements of this section. However, each of the remaining categories of exempt transfers described in California Civil Code Section 1102.01, as set forth below, shall be exempt transfers from the requirements of this section, to wit:

1. Transfers pursuant to court order (such as probate sales, sales by bankruptcy trustee, etc.);

2. Transfers by foreclosure (including a Deed in Lieu of Foreclosure and a transfer by a beneficiary who has
acquired the property by foreclosure or Deed in Lieu of Foreclosure);

3. Transfers by a fiduciary in the course of the administration of a decedent’s estate, guardianship,
conservatorship, or trust;

4. Transfers from one co-owner to one or more other co-owners;

5. Transfers made to a spouse or to a direct blood relative;

6. Transfers between spouses in connection with a dissolution of marriage or similar proceeding;

7. Transfers by the state controller pursuant to the Unclaimed Property Law;

8. Transfers as a result of a failure to pay property taxes;

9. Transfers or exchanges to or from any governmental entity. (Ord. 3674 § 1, 1995; Ord. 3643, 1995)

A. In special assessment proceedings conducted by the city of Bakersfield pursuant to the Municipal Improvement Act of 1913 (Sections 10000 and following, California Streets and Highways Code), as amended from time to time (the “1913 Act”), and notwithstanding any provision of the 1913 Act to the contrary, the city may determine and implement an alternate method and rate of assessment reallocating assessments to alternate properties.

B. Such reallocation may occur even though doing so will result in no assessment being levied upon property which is, in fact, benefited by improvements for which the assessments are levied and which is determined differently from a direct cost/benefit ratio.

C. Such alternate methods and rates of assessments may only be determined and implemented by the city when so requested by the owner of all property to be assessed, and upon written and recorded consent of the owner of the property to which assessments are reallocated.

D. Additionally, such alternate methods and rates of assessment may only be determined and implemented by the city to pay for improvements that bear a rational nexus to the property to be assessed.

E. Under no circumstances shall the city be obligated to implement any reallocation set forth in this section, the determination to do so or not to do so being discretionary with the city.

F. Except as otherwise provided for in this chapter, the provisions of the 1913 Act shall remain in full force and effect. (Ord. 3643, 1995)

13.08.080 1915 Act bond redemption premiums.

With respect to limited obligation improvement bonds (“bonds”) issued by the city pursuant to the Improvement Bond Act of 1915 (Sections 8500 and following, California Streets and Highways Code; hereafter the “1915 Act”), and notwithstanding any provision of the 1915 Act to the contrary, including but not limited to Section 8651.5 thereof, the city may provide for the redemption of its 1915 Act bonds in advance of the scheduled maturity of such bonds, with or without redemption premiums and, in the event that redemption premiums are specified, at such redemption premiums as shall be specified without regard to any maximum or minimum level of such premiums for any period of time, in accordance with the terms and conditions of the notice of sale (in the event of competitive sale of such bonds) or the bond purchase contract, bond purchase agreement or other bond sale document (in the event of a negotiated sale of such bonds). (Ord. 4431 § 1, 2007)