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HomeMy WebLinkAboutOrdinances_1947_CCv0001.pdf ORDINANCE NO. 1947 AN ORDINANCE OF THE CITY OF REDLANDS AMENDING SECTIONS OF THE ZONING ORDINANCE 1000 AND THE SUBDIVISION ORDINANCE 1562 TO PROVIDE FOR SECURING COMPLETION OF PUBLIC IMPROVEMENTS REQUIRED OF DEVELOPMENTS THE CITY COUNCIL OF THE CITY OF REDLANDS does ordain as follows: SECTIO M: Sections 32.20 B. 4 and 52.00 B. 1. d. are hereby added to the Redlands Zoning Ordinance as follows: 32 .20 B. 4 . Prior to final approval of a development, to assure the City that the work will be completed, security shall be furnished guaranteeing the faithful performance of the work in the sum equal to the cost as estimated by the City Engineer including a percentage for contingencies. Ninety percent (90%) of this security may be furnished by a qualified surety company, except in cases where a cash deposit is required by the City Council . Ten percent ( 10% ) of the security amount must be cash or a letter of credit payable upon demand of the City. This money may be used as directed by the City Manager, or a person designated by him, to pay the costs of maintaining barricades , correcting street hazards , site cleanup, or repairing any street , irrigation line, or other utility causing a hazard, nuisance, or inconvenience to the public. 52.00 B. 1 . d. Prior to final approval of a development, to assure the City that the work will be completed, security shall be furnished guaranteeing the faithful performance of the work in the sum equal to the cost as estimated by the City Engineer including a percentage for contingencies. Ninety percent (90%) of this security may be furnished by a qualified surety company , except in cases where a cash deposit is required by the City Council . Ten percent ( 10% ) of the security amount must be cash or a letter of credit payable upon demand of the City. This money may be used as directed by the City Manager, or a person designated by him, to pay the costs of maintaining barricades , correcting street hazards , site cleanup, or repairing any street , irrigation line, or other utility causing a hazard, nuisance, or inconvenience to the public . SECTION TWO: Section 27 of Ordinance 1562, paragraph 3 , which begins "If such improvement" is amended to provide as follows: If such public improvements are not completed and accepted by the City Engineer before the final map is approved, the owner or owners of the subdivision shall , prior to approval of the final map, enter into an agreement with the City to complete the improvements at the subdividers expense within the time specified in the agreement or as otherwide proided in accordance with Section 66462 of the Subdivision Map Act. To assure the City that this work will be completed securities shall be furnished as required in Section 16 of this Ordinance to secure faithful performance and to secure laborers and materialmen and in the amounts specified in Section 17 of this Ordinance. Ordinance No. 1947 Page 2 SECTION THREE: Section 17 of Ordinance 1562 is amended to provide as follows: SECTIQ ,EYEN: IMPROVEMENT SECURITY: AMOUNTS AND TYPES 1. The City Engineer shall estimate the total cost of the improvements for performance of the required acts to be secured including a percentage for contingencies . The improvement security to guarantee the performance of any act or agreement shall be in the following amounts based on the City Engineer ' s estimate and in accordancce with Section 66499 . 3 of the Subdivision Map Act. a, 100 percent of the City Engineer ' s Estimate of cost , conditioned upon faithful performance of the required act. b. 50 percent of the City Engineer ' s estimate of cost , securing payment to the contractor, to the subcontractors, and to persons furnishing labor, materials, or equipment to them for this improvement or the performance of the required act. This amount is in addition to the amount for faithful performance in a. , above. C. 10 percent of the City Engineer ' s Estimate of Cost , securing a guarantee and warranty of the work for a period of one year following completion and acceptance thereof by the City Engineer against any defective work or labor done, or defective materials furnished. 2. The improvement security shall also be subject to the following requirements: a. The security furnished to guarantee faithful performance shall consist of the following: 1. Ninety percent of this security amount shall be a bond furnished by a qualified surety company , except in cases where a cash deposit is required by the City Council. 2. Ten percent of the security amount shall be cash or a letter of credit payable upon demand of the City. This money may be used as directed by the City Manager or a person designated by him to pay the cost of maintaining barricades, correcting street hazards, site cleanup, or repairing any street irrigation line or other utility causing a hazard , nuisance or inconvenience to the public. Ordinance No. 1947 Page 3 b. The security furnished to guarantee payment of labor and materials shall be a bond furnished by a qualified surety company. C . The security furnished to secure guarantee and warranty of the work and improvements shall be a bond furnished by a qualified surety company, except in cases where a cash deposit is required by City Council . d. if the improvement securities are other than a bond or bonds furnished by duly authorized corporate surety, an additional amount shall be included as determined by the City Council as necessary to cover the cost and reasonable expenses and fees, including reasonable attorney' s fees, which may be incurred by the City in successfully enforcing the obligation secured. e. The improvement security shall also secure the faithful performance of any changes or alterations in the work to the extent that such changes or alterations do not exceed ten ( 10) percent of the original estimated cost of the improvement. Ordinance No. 1947 Page 4 SECTIO NjQ: SEVERABILITY If any portion of this Ordinance is found to be unconstitutional or invalid, the City Council hereby declares that it would have enacted the remainder of this Article regardless of the absence of any such invalid part. SECTION THREE: REPEALER All ordinances, Redlands Ordinance Code, all resolutions, all City Council motions, and all actions of City boards and commissions in conflict herewith are hereby repealed. Section IV, 5 . 1 paragraph 2 of Resolution. 3510 , beginning with the words "Prior to final approval" is hereby repealed. SECTION FOUR: EFFECTIVE DATE This Ordinance shall be in force and take effect as provided by law. SECTIQ FIVE: CERTIFICATION The City Clerk shall certify to the adoption of this Ordinance and cause it to be published once in the Redlands Daily Facts , a newspaper of general circulation and published in this City. Mayor of the City of Redlands ATTEST: City � lerk I, Lorrie Poyzer, City Clerk , City of Redlands, hereby certify that the foregoing Ordinance was duly adopted by the City Council at the regular meeting thereof held on the day of May 1986, by the following vote: Ayes: YES: Councilmembers Larsen, DeMirjyn, Wormser, Mayor Beswick NOES: None ABSENT: Councilmember Johnson ` City )Clerk ' Ordinance No. 1947 Page 5