HomeMy WebLinkAboutORD NO 720 ~N F~IGEN6Y O~lDIuar~C~.~ ~,D.~,6 SECTION ~
OF Ot,DINAN6E NO ~2~ ~,~ S~I!ES OF
CITY OF BAK?]i[iSFIELD~ C~LI~OR~IA
WtiEREA5~ the City Council hereby declares than an emergency exists
for the i~ediate preservation of ~.he public peace~ property~ safety~
and welfare, which requires the pass, age of an emergency ordi~nance
relating to subdivisions in the City of Ba]~ersfleld,
NOW~ T~REi,'()t~ BE IT OitDAII~D BY T~ COUNCIL OF T}~ CI'~ OF
BA~R~>FI~D~ as follows:
SECTION 1.
That Section 6 of Ordinance No. 424 New Series of the City of
Bakersfield~ be and the same is hereby ~mended to read s.,~ follows;
Section ~. Z~PEOViJ.~,I'~o~ '~ '""[~ ~-O;t~., ,u:,Q~I~.z:~ DEDIC~T=ON.
~ll sMeets~ l';&2hw, ayst and other ways in al~ sun, di~z~io~, shall be
offered for ultimate dedication to public use. The subdivider shall,
upon such dedication and aceepta~'~ee ~f the same by the City Council,
&~prove all land so dedicated for streets~ )~tSh~vays and public ways.
The minimum, of such improvement, s shall incl~.tde jrading, r..ao mix
surfaced road~vays and alleys~ sta,~darf~ curbs~ gutters and cross
gutters~ and such other improvements as may, in the opinion of the
City Engineer~ be necess~ry to the drainage or function of the stre~ts
within the subdivision. ~11 improvemeni;s shall be made and all
utilities shall be installed in accordance ~ith plans, [rofiles~ and
cross sections approved by the City Engineer. ~11 public utilities .
shall be located in the alleys or easements provided. Pole linea~
sewer mains~ water mains and gas mains may be ir:stalled in the street
right of way~ but in no case will service connections be permit'ted
where alleys or easements are aw:,ilable. Subdivisions which have been
previously recorded and which are being improved for the purpose of
sale, shall co~orm in all re;pects to the r~quirements of this Section.
~uc~. improvements shall conform to the rcquiren'~ents above set fort}~ on
all streets~ highv~ays and
1.
public ways, provided, however, that the subdivider may in lieu of
said oil surfacing pave said streets, highways, and public ways° ~ll
street improvements shall be installed to grades approved by the
City Engineer, which grades shall be at elevations 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, Ghat in lieu of actually making.the required
improvements prior to the time of acceptance of said map, and the
subdivider desires to enter into an agreement to make such improvements,
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 improve-
ments 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-
quired 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 lieu of making said required Improve-
ments or furnishing said improvement contract and bond~ the subdivider
at his option may enter into a contract with the City in which he shall
agree within such time as may be provided within said contract to initiate,
and, so far as may be in his power, to consummate proceedings under
an appropriate special assessment act for the formation of a special
assessment district covering such subdivision or part thereof for the
financing and construction of the designated improvements upon the
0
streets~ highways and ways dedicated by said map, and furnish a
faithful performance bond with good and sufficient sureties satis-
factory to the City Council in a sum not to exceed the estimated
cost of said improvements, conditioned upon the performance of said
contract.
In the event the subdivider shall show on said fibril 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 the 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 improved~
or contracts and bonds made and given for the improvement as above
provided~ before the acceptance of said final map.
SECTION 2.
This ordinance is hereby declared to be an emergency measure
within the meaning of Section 24 of the Charter of the City of Bake~s-
field, and necessary for the immediate preservation of the public
peace, property, safety and welfare, and shall take effect immediately
upon its passage by the Council of the City of Bakersfield.
I HEREBY CERTIFY that the foregoing Emergency Ordinance was
passed and adopted by the Council of the City of Bakersfield,
at a regular meeting thereof~held on the 3rd day of September,
1946, by the following vote:
NOES: .--~ ...........................................
City Cler~ and- Ex-Officio Clerk of the
Council of the City of Bakersfield.
.APPROVED this ~r~ember, 1946.
' MA~ ~iby of Bakers'~ieid. -
Affidavit of ]Iosting ( r an es
STATE OF CALIFORNIA1
County of Kern ~ ss.
MARIAN S. IRVIN
~a=~=~=~, being duly sworn, deposes and says:
ThatShe is the duly appointed, acting and qualified Clerk of the City of Bakersfield;
and that on .............. ~.~.l~.$.-~J~b.-~X ....................... 19..46.., he posted on the Bulletin Board at the
City Hall, a full, true and correct copy of an ordinance passed by the Council of said City
at a meeting thereof duly held on ........ ..~..e. 1o..~..e...~...~..e...r....~ ..................... 19~. .... which ordinance
was numbered....].,~.0...: ....... New Series, and entitled:
"AN EMERGENCY ORDINANCE AME~ING SECTION 6
OF ORDINANCE NO. 424 ~ SERIES OF THE CITY
OF BAKERSFI~D~ CALIFORNIA."
Subscribed and sworn to before me this
............. ..~... .......... day of ....... ~..~.1~t~];1~ 19....4~X
Notary Public in and for the County of Kern,
State of California.
~¥ comm=,.~$!on ~×p;.res April 16, 1949