HomeMy WebLinkAboutORD NO 4678ORDINANCE NO.
4678
ORDINANCE AMENDING SECTION 16.32.040 OF THE
BAKERSFIELD MUNICIPAL CODE RELATING TO
IMPROVEMENT SECURITY.
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 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 subsections A.2 or 3 of Section 16.32.020, 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 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
obligation secured. The improvement security shall also secure the faithful
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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 or
MAY 0 9 2012 by the following vote:
✓ ✓ ✓
AY COUNCILMEMBER: SALAS, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, JOHNSON
NOES: COUNCILMEMBER: 4
ABSTAIN: COUNCILMEMBER: B
ABSENT: COUNCILMEMBER: riles ^t I -
ROBERTA GAFFORD, CM
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED:
HARVEY L. HALL
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Att ney
By:
ANDREW HEGLLI D
Deputy City Attorney
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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 11th day of May, 2012 she posted on the Bulletin Board at City Hall, a
full, true and correct copy of the following: Ordinance No. 4678, passed by the
Bakersfield City Council at a meeting held on the 9th day of May, 2012 and entitled:
AN ORDINANCE AMENDING SECTION 16.32.040 OF THE
BAKERSFIELD MUNICIPAL CODE RELATING TO IMPROVEMENT
SECURITY.
ROBERTA GAFFORD
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By: )Zi-- -
DEPU City lerk
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