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HomeMy WebLinkAboutCC Ord 651 1964-11-02 , ..,.. " " , . OI'll01"~f..1. Ol=FICIAL COPY r ::'T "f0 ~;:: TAKEN F 0\\ -IE CITY CLERK'S OF:=ICE , ,~ 'i" I ORDINANCE NO. AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING SECTION 21-44 OF THE CCDE OF THE CITY OF SEAL BEACH ENTITLED "DEDICATION AND IMPnOVEMENTS" TO PROVIDE FOR THE DEDICAXION, IMPROVEMENT, AND ACQUISITION OF PUBLIC IMPROVEMENTS, DECLARING THIS ciRDINANCE TO BE AN EMERGENCY MEASURE AND CONTAINING A STATEMENT OF THE REASONS FOR ITS URGENCY . THE CITY COUNCIL OF THE CITY OF SEAL BEACH DCES ORDAI N AS FOLLaoJS: Section 1. Chapter 21 - Article IV Section 21-44 of the Code of the City of Seal Beach is hereby amended to read as follows: Section 21-44. Dedication and Improvements~ I (a) In the event any dedication is to be made for public use, the subdivider shall file a certificate of titlej subdivision guarantee, or a dedication letter, in the name of the owner of the land, issued to or for the benefit and protection of the city. (b) Streets or portions of streets may be offered for future dedication where the immediate opening and improvement is not required, but where it is necessary to insure that the city can later acoept dedication when such streets are needed for the further development of the area or adjacent areas. (c) The subdivider shall provide for the drainage of lots and shall improve, or agree to improve, all land dedicated for streets, highways, public ways and easements as a condition pre- cedent to acceptance and approval of the final map. Such improvements shall include such grading, surfacing, sidewalks, street trees, curbs, gutters, culverts, bridges, storm drains, sanitary sewers, water system, street lighting, street name signs, and such other structures or improvements as may be required by ordinance or deemed by the city council to be neces- sary for the general use of the lot owners in the subdivision and local neighborhood traffic and drainage needs; provided, however, that the city council may, in its sole discretion, enter into an agreement or agreements with the subdivider for the acquisition by the city of such water system as may be constructed by the subdivider. I (d) approved so as to All improvements shall be installed to by the city engineer. Lot grades shall provide proper and adequate drainage. grades be established (e) The subdivider shall file with the city engineer either at the time of filing the final map or at a later date, detailed plans, profiles and specifications of all improvements proposed to be installed. If all plans, profiles and specifi- cations or improvements are filed with the city engineer at the time of filing of the final map, the surety bond as required in -1_ I Ordinance Number ..' '. .' this section shall include a guarantee that the remaining plans, profiles and specifications will be prepared in accordance with the requirement of the city engineer. (f) rlsuch improvement work not be completed satis- factorily bl'.t-ore the final map is recorded, the owner of the subdivision Shall, immediately prior to recordation of the final map, enter as contractor into an agreement with the city whereby in consideration of the acceptance by the city of the street and easements offered for dedication, the contractor agrees to complete the work within the time speci- fied in the agreement. I The subdivider shall: (1) File with the city engineer a surety bond or such other guarantee as may be approved by the city attorney ;v and the city council in such an amount as the city engineer ~ shall estimate and determine to be necessary to provide all ~ ~tne impr~vements required to be done by the subdivider, which ~ U surety boD:dVshall be executed by the subdivider, as principal, and a corporation authorized so to aot under the laws of the Ifl-r~ state, as surety, the same to be payable to the city and t2~ be conditioned upon the faithful performance of any and ~ll '" work required to be done by the subdivider. Such bond;shall be further conditioned to the effect that should the subdivider fail to complete all work required to be done by him within a specified reasonable time, the city may, at its option, cause all required work to be done and the parties executing the bond shall be firmly bound for the payment of all neces- sary costs therefor (in the case of the surety not exceeding the amount of the bond) orl (2) Enter into a contract with the city to complete such improvements within a specified reasonable time after the approval and recordation of the final map. The sub- dividers obligations under such contract shall be secured in such an amount as the city engineer shall estimate and deter- mine will be necessary to provide all the improvements required to be done by the subdivider, by a deposit with the city treasurer of money or of negotiable bonds or such other guarantee as may be approved by the city attorney and the city council, of the kind approved by law for securing deposits of public money. Should the subdivider fail to complete all such work required within a specified reasonable time, the city may, at its option, cause all required work to be done and the money or bonds of the deposit shall be firmly bound for the payment of all necessary costs therefor, in such case, the city treasurer shall pay to the city out of the moneys and bonds on deposit all costs and expenses incurred and expended by the ci1;y in causing any and all such required work to be done and to secure :the cost of which such deposit was made, upon the filing by the city engineer with the city treasurer of a statement signed by him that all work required under such contract to the extent that the cost of such work was covered by the deposit has been completed, together with a statement of costs and expenses incurred and expended by the city thereforl or, I -2- Ordinance Number , , . I (3) Enter into a contract with the city, secured by a faithful preformance bond approved by the council, and in accordance with all of the provisions of Sections 11610 to 11616 of the Business and Professions Code of the state, there- unto appertaining xor the construction and completion of the improvements under an appropriate speoial ~p9vial assessment act by the formation of a special assessment district covering such subdivision or part thereof. Every surety bond furnished and every contract under which a deposit is made to secure and guarantee the construction and completion of the improvements required to be done by the subdivider shall xurther provide that the surety or the city treasurer shall continue to be rirmly bound (up to the amount of the bond or deposit), under a continuing obligation for the payment of all necessary costs and expenses that may be incurred or expended by the city in causing any and all such required work to be done, and tlul-t such surety or depositor, respectively assents to any lawxul extensions or time within which to construot and complete such improvements that may be granted to the subdivider. I A g\l.8.rantee ror the construction and completion of improve- ments, in the rorm provided in paragraphs (I), (2~, or (3) of this section shall not be waived under any condit10ns. Seotion 2. Emergenoy Measure The City Council ox the City of Seal Beach declares this ordinance to be an emergency measure stating that the rollowing facts constitute the urgency: 1. The City of Seal Beach has set November 25, 1964, as the date xor the protest hearing on Annexation 64-1. 2. The lands contained in Annexation 64-1 must be provided an adequate and safe public water supply. 3. The oity must immediately be in the position to provide and/or require to be provided the necessary public improvements to facilitate the orderly development of said lands and safeguard the health and safety of the occupants thereon. I Section 3.. Severabili ty' Ir any section,_~ub-section, olause, phrase or portion of this Ordinance or. the application thereof' to any person, firm, corporation, or circumstance is xor any reason held to be invalid or unconstitutional by the decision of any court or oompetent jurisdiction, such decision shall not afrect the validity or the remaining portions or this ordinance. The Counoil of the City or Seal Beach hereby declares that it would have adopted this ordinance and each section, sub-section, sentence, clause, phrase or portion thereof irrespective of the xact that anyone or: more sections, sub-section, sentence, clauses, phrases~ or portions to be declared invalid or unconstitutional. -3- ~ Ordinance Number ~ ", I , , '. , , I Section 4. Effective Date. This ordinance shall take effect and be in force immediately upon its adoption as an emergency ordinance and facts constitut- ing its urgency are set forth in Section 2 of this ordinance. Section S. The City Clerk shall certify to the passage and adoption of this ordinance by the City Council and shall cause the same to be printed and published once in a newspaper of general circulation, circulated in the City of Seal Beach. PASSED, APPROVED City of Seal Beach at day of "7t~ AND ADOPTED by the City Council of the a meeting thereof -held on the P 7uf , 1964~__ ATTEST: I ~ . ~../~ City C erk I, F. W.. Hickman, City Clerk of the City of Seal Beach, and ex-officio clerk of the City Council, do hereby certify to the passage and adoption of the foregoing ordinance by the ci ty Council at a meeting thereof held on the .:?~day of ~ , 1964. by the following vote: _ AYES: Councilmen ~~~~/!::,~,,4 NOES: Councilmen ~ ."-'L ABSENT : Councilmen ~ ~C-8<~--~ _. City Clerk I