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Home My WebLink AboutORD NO 804 ~ ORDINANCE NO. ~- NEW SERIES AN~$~~ ORDINANCE .AMENDIN~ SECTION 6 OF 0RDI- NANCE NO. 424, NEW SERIES, and REPEALING EMERGENCY 0RDIHANCE NO. 720, NEW SERIES OF T~E CITY OF BAKERS- FIELD, CALIFORNIA. WHERE il hereb cy exists for the_i.~.te preservation of .t.!~lic peace~/~operty, safety and..~l~.are, .w_h.~_h. ~requires _the P/3~age ~rgenc~ordi- nance r~Iatln~g to subdivis~s in tD/~ City of BakerFfA~l.d. _4m~w: ~r.~--.j_~, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF BAKERSFIESD, as follows: SECTION 1. That Section. 6 of Ordinance No. 424, New Series of the City of Bakersfield, be and the same is hereby amended to read as follows: Section 6. IMPROVE~NTS, B05U), POWER TO REQUIRE DEDICATION. Ail streets, highways, and other ways in any subdivision shall be offered for ultimate dedication to public use. The subdivider shall, upon such dedication and acceptance of the same by the City Council, improve all land so dedicated for streets, highways and public .ways· The minimum of such improvements shall include grading, 4" road mix surfaced roadways and alleys (except on roadways constituting extensions or prolongations of streets of major importance within the meaniD~ of such term as used in the Streets and Highways Code of the state of California, or streets which the City Council intends to designate as streets of major importance which shall' be surfaced with a minimum of 6" of asphalt concrete or portland cement concrete) standard curbs, gutters and cross-gutters, add such other ~mprovements as may in the opinion of the City Engineer be necessary to the drainage or funct_ion of the streets within the subdivision· .Ail improvements shall be made and all utilities shall be installed in accordance with plans, profiles, and crgss sections approved by the City Engineer. .Ail public utilities sh. all be located in the alley's or easements pro- vided. Pole lines, sewer mains, water mains and gas mains may be installed in the street right of way, but in no case will service connections be permitted where alleys Jr easements are available. Subdivisions which have been previously recorded and which are being improved for the purpose of sale, .shall conform in all respects to the requirements of this Section. Such improvements shall conform to the.requiremehts above set forth on all streets, highways and public ways, provided, however~ that the subdivider may in lieu of said oil surfacing pave said streets, highways, and'public ways. All~ street improvements shall be installed to grades approved by the City Engineer~ which grades shall be at elevation above, the level of any ordinarily probable inundation by storm or flood water. In case no adequate domestic water supply is'actually provided, it must be shown to the satisfaction of the City Council that a domestic water supply is or will be available for the subdivision. Provided, further, that in lieu of actually making the re- quired improvements prior to the time Of acceptance of said map~ and the subdivider desires to enter i~to an agreement to make such improve- merits, he shall furnish a contract satisfactory to the City Council to make said improvements; said subdivider may be required to furnish a good and sufficient bond in an amount to be fixed .by and.be satisfactory' to the City Council, not in excess of the estimated cost.of said im- provements and by its terms made to inure to the City and conditioned' for the faithful performance of said contract~ and said contract must be secured by a good and sufficient bond in such amount as may be re- qdired by law on such bonds or other public contracts and by .its terms made to inure' to the benefit of laborers and .material-men.upon such work and improvements, conditioned upon the payment of' such laborers and material-men for labor and material performed and rendered under the terms of said contract. Provided, further, that in 1.ieu of making said required im- provements or furnishing said improvement contract and bond, the sub- divider at his option may enter into a contract with the City in which he shall agree within such time as m~y be provided within said. contract to initiate, and, so far as' may be in his p~ver, to consummate proceedings under an appropriate special assessment ac% for the forma- tion of a special assessment district covering such subdivision or part thereof for the financi~ and construction of the designated improvements upon the streets, highways and ways dedicated by said map, and furnish a faithful performance bond wit4 good and sufficient sureties satisfactory to the City Council in a sum not to exceed the estimated cost of said improvements, conditi°ned upon the performance of said contract. In the event the subdivider shall show on said final map that any one or more of the streets, highways, or ways' shown thereon is withheld' from dedication, the City Planning Commission, subject to the approval and. ratification of thJ City Council, may nevertheless require such streets, highways or ways shown thereon and so withheld from dedication or'some part or portion thereof to be dedicated when, in the opinion of the City Planning Commission and the City Council, such streets, highways or ways, or portion thereof, may be deemed necessary for the public use; and in the event that any such streets, highWays or ways so reserved from dedication by the owner or sub- divider or some parts or portions thereof, are so deemed necessary to the public use by the City Planning Commission and the City Council, said streets, highways or ways, or such portion thereof as may be deemed necessary to the public use, shall 'nevertheless be i~proved, or contracts and bonds made and given for the improvement as above provided, before the a$ceptance of said final map.. SECTION 2. That' Emergenc~ Ordi~ande No. 720, New' Series'of ~he'-city of Bakersfield, be and the same is hereby repealed. SECTION - ' i .mm~diately ~rpo~its. p~~e .by the Counc~the City of B~rs- field. I HEREBY CERTIFY that the foregoi~eae~m~s~ Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on the 22nd day of November, 1948, by the following vote: CROSS, KUEHN, RYDER, SIEMON, YANDERLEI, VERCAMMEN I$$E$:~.~ ........................................ -~- City Clerk and Ex-Officio Clerk of the Council of the City of Bakersfield. APPROVED thi/22nd day of November, 1948. . __U~Y1)I~t- 5f the City of Ba'~ersfield. Aff av ! of J ost ng Or tuan es STATE OF CALIFORNIA I County of Kern '~' V. VAN RIPER, being duly sworn, deposes and says: That he is the duly appointed, acting and qualified Clerk of the City of Bakersfield; and that on ...... _N_ o_ _v_ _e_ _m_ _l~_e_r ................................ , 19_.$_.~__, he posted on the Bulletin Board at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City at a meeting thereof duly held on .... _.N_.o__v._e__m_b_e_r__2__.2_~ ....................... , 19.$_._8__._, which ordinance was numbered .... ~.Q..~. ....... New Series, and entitled: "AN EMERGENCY ORDINANCE AMENDING SECTION 6 OF ORDINANCE NO. 424, NEW SERIES, AND REPEALING EMERGENCY ORDINANCE NO. 720~ NEW SERIES OF THE CITY OF BAKERSFIE~D~ CALIFORNIA." · ~. }~~S~bger'bed and sworn to be ore me this '~[' ' ~TL~* da of November ,19 48 ~ ~ _~ I ----~ [-~--- Y ............. ~ ........ _ ....... ' I' ~'~' ~' ~y Cemmis~on ~