HomeMy WebLinkAboutORD NO 4247ORDINANCE NO. ~' ~ 4'7
AN ORDINANCE ADDING SECTION 16.16.110 TO THE
BAKERSFIELD MUNICIPAL CODE RELATING TO
APPROVAL OF DEVELOPMENT ENTITLEMENT
CONDITIONED ON INDEMNIFICATION OF CITY.
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Section 16.16.110 of the Bakersfield Municipal Code is hereby added to read as
follows:
16.16.110 Approval of development entitlement conditioned on indemnification of
City.
As a condition of approval of any development entitlement, including but not limited
to a general plan amendment, zone change, tract map, parcel map, or conditional use
permit, the City shall require that the applicant and/or property owner and/or subdivider
indemnify, defend, and hold harmless the City of Bakersfield, its officers, agents,
employees, departments, commissioners, or boards against any and all liability of any kind
arising from the terms and provisions of the development entitlement application, including,
without limitation, any California Environmental Quality Act (CEQA) approval or any related
development approvals or conditions.
Terms of this condition shall be subject to approval by the City Attorney.
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.
......... oo0oo ........
--Page 1 of 2 Pages --
I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the
CounciloftheCityofBakersfieldataregularmeetingthereofheldon APR 2 ? 20~§ ,
by the following vote:
ABSTAIN:
ABSENT:
t-~ ~-~ ~ ~
COUNCILMEMBER: CARSON, BENHAM, MAGGARD, COUCH HANSON, SULLIVAN, SCRIVNER
COUNClLMEMSER
COUNCILMEMBER
COUNCILMEMSER
CITY CLERK and EX OFFICIO ~/the
Council of the City of Bakersfield
APPROVED:
CITY OF BAKERSFIELD
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
City Attorney
RMS:dll
S:\COUNCIL\Ords\04-05 Ords\16.16.110AddlndemnifyCity. doc
--Page 2 of 2 Pages --
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
)
County of Kern )
PAMELA A. McCARTHY, being duly swom, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield;
and that on the 28th day of April , 2005 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 4247 , passed by the
Bakersfield City Council at a meeting held on the 27th day of April, 2005 and entitled:
AN ORDINANCE ADDING SECTION 16.16.110 TO THE
BAKERSFIELD MUNICIPAL CODE RELATING TO
APPROVAL OF DEVELOPMENT ENTITLEMENT
CONDITIONED ON INDEMNIFICATION OF CITY
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
DEPUTY City O{brk
S:~DOCU MENT~FORMS~AOP.ORD.wpd