HomeMy WebLinkAboutORD NO 4779ORDINANCE NO. 4779
ORDINANCE AMENDING SECTION 16.32.040 OF THE
BAKERSFIELD MUNICIPAL CODE RELATING TO AMOUNT
OF SECURITY FOR SUBDIVISION IMPROVEMENTS.
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Section 16.32.040 of the Bakersfield Municipal Code is hereby amended to
read as follows:
16.32.040 Improvement security - amount.
A. The improvement security shall be provided in the amount of:
1. One hundred percent of the total estimated cost of the
improvement or act to be performed conditioned upon the faithful
performance of the act or agreement;
2. Fifty percent of the total estimated cost of the improvement or act
to be performed securing payment to the contractor, the subcontractors and to
persons furnishing labor, materials or equipment to them for the improvement or
the performance of the required act; provided, however, where the security
provided is that referenced in Section 16.32.020/R1 no additional sum shall
be required to guarantee payment provided the security instrument authorizes
draws to pay for labor and materials and specifies that not more than fifty
percent of the total shall be released, except to the city to pay for completion
of improvements, until after the sixty -day lien period has expired;
3. Ten percent of the total estimated costs of the improvements, to be
provided prior to city acceptance of completion, to guarantee or warranty the
work for a minimum period of one year following completion and acceptance
thereof against any defective work or labor done, or defective materials
furnished;
4. If the improvement security is a bond or bonds furnished by duly
authorized corporate surety, an additional security in the amount of fifteen
thousand dollars or fifteen percent of the total estimated cost of improvements,
whichever is less, shall be included to cover the cost and reasonable expenses
and fees which may be incurred by the city in successfully enforcing the
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obligation secured. The improvement security shall also secure the faithful
performance of any changes or alterations which do not exceed ten percent of
the original estimated cost of the improvement.
B. Such security shall be released in accordance with the terms of the
improvement agreement.
SECTION 2.
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.
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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
JUN 0 4 7014 by the following vote:
AYES:
COUNCILMEMBER:
✓ ✓
RIV A, MAL WELL, WEIR, SMITH, HANSON, SULLIV N, JOH SN ON
COUNCILMEMBER:
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ABSTAIN:
COUNCILMEMBER:
ABSENT:
COUNCILMEMBER:
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ROBERTA GAFFORD, CAt
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED: JUN 0 4 2014
By: 1111111 0#4 111 r
KEN WEIR
VICE -MAYOR
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Atto ey
By: ��tn=o
ANDREW HEGLU D
Deputy City Attorney
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ORIGINAL
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
County of Kern )
ROBERTA GAFFORD, 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 6th day of June, 2014 she posted on the Bulletin Board at City Hall, a
full, true and correct copy of the following: Ordinance No. 4779, passed by the
Bakersfield City Council at a meeting held on the 4th day of June, 2014 and entitled:
ORDINANCE AMENDING SECTION 16.32.040 OF THE BAKERSFIELD
MUNICIPAL CODE RELATING TO AMOUNT OF SECURITY FOR
SUBDIVISION IMPROVEMENTS.
ROBERTA GAFFORD
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By: (a Iff -
DEPU7 City Cle
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ORIGINAL