HomeMy WebLinkAboutORD NO 4631ORDINANCE NO. 4 6 31
AN ORDINANCE OF THE CITY OF BAKERSFIELD
AMENDING SECTION 12.16.150 OF THE BAKERSFIELD
MUNICIPAL CODE RELATING TO CONSTRUCTION WORK
IN STREETS
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Section 12.16.150 of the Bakersfield Municipal Code is hereby amended to
read as follows:
Chapter 12.16 CONSTRUCTION WORK IN STREETS
12.16.150 Workmanship and performance warranty fee.
A. All permits issued under the requirements of this chapter will include
the payment of a nonrefundable workmanship and performance warranty fee
to city. This workmanship and performance warranty fee shall be imposed as
follows:
1. Where the workmanship and performance of the permittee is
limited to the statutory one year period; cuts are allowed with payment of a
workmanship and performance warranty fee as established by resolution.
2. Utilities operating under a franchise granted by the city that clearly
includes an explicit obligation to repair (warranty) any restoration quality
defects are exempt from payment of the workmanship and performance
warranty fee. Utilities operating under a franchise that does not have explicit
obligation to warranty and repair may enter into an agreement with city that
provides a warranty and security satisfactory to city and thereby, during the
term of the agreement, be exempt from payment of the warranty fee. The
agreement must comply with the warranty and security requirements of this
chapter.
3. Where permission to excavate in newly renovated streets has been
granted pursuant to Section 12.16.110, payment of the workmanship and
performance warranty fee will be required under Subsection A, 1 through 2
above.
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ORIGINAI
B. In all cases where cuts are allowed, the permittee is required to
patch their cuts to city standards. All warranties shall include adequate security
for the warranty period. All pavement warranty fees received under the
requirements of this section shall be expended solely for the purpose of
maintaining the workmanship and performance of city streets.
C. Each fiscal year, the director shall present to the city council a
proposed workmanship and performance warranty fee as defined in
subsections A and B of this section. The fee shall be adjusted annually by the
ENR Annual Construction Cost Index (Los Angeles) as published by Engineering
News Record, McGraw-Hill Companies. Also, the fee may annually be adjusted
to account for changes in cost estimates for recent city resurfacing projects,
and any other items which would change or add to the component items in the
fee. This fee shall be adopted by a resolution of the city council following a
noticed public hearing.
SECTION 2.
This Ordinance shall be posted in accordance with the Bakersfield
Municipal Code and shall become effective ten (10) days 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
NQV 1 7 2010 , by the following vote:
COUNCILMEMBER CARSON, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER
NOES: COUNCILMEMBER ~VMA.
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER y(~„
71/1 4 ~
ROBERTA GAFFORD, CI~V
CITY CLERK and EX OFFICIO CLERK of the
Council of the City of Bakersfield
APPROVED:
By:
HARVEY L. HALL
Mayor
20
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
BETHELWEL WILSON
Associate City Attorney
BW:Isc
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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 19th day of November, 2010 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 4631, passed by the
Bakersfield City Council at a meeting held on the 17th_day of November, 2010 and
entitled:
AN ORDINANCE OF THE CITY OF BAKERSFIELD AMENDING
SECTION 12.16.150 OF THE BAKERSFIELD MUNICIPAL CODE
RELATING TO CONSTRUCTION WORK IN STREETS
ROBERTA GAFFORD
City Clerk and Ex Officio of the
Council of the City of Bakersfield
Bv. Qvt4
DEPUTY City Clerk
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