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)