HomeMy WebLinkAbout1990-09-25; City Council; NS-131; CMC 20.16 amends - Securities: Monument/Faithful Perf./Warranty...-
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ORDINANCE NO. NS-131
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING TITLE 20, CHAPTER
20.16, OF THE CARLSBAD MUNICIPAL CODE BY THE
AMENDMENT OF SECTIONS 20.16.050, 20.16.080 AND
20.1 6.090 TO PROVIDE FOR MONUMENTATION SECURITIES
AND THE RETENTION OF A PORTION OF FAITHFUL
PERFORMANCE SECURITIES TO SERVE AS WARRANTY
SECURITIES.
The City Council of the City of Carlsbad, California does ordain as follows:
SECTION I: That Title 20, Chapter 20.1 6 of the Carlsbad Municipal Code is an
by the amendment of Section 20.16.050 by the addition of Section 20.16.050, subsec
to read as follows:
"(9 Prior to approval of final map, subdivider shall provide the City with securit
amount equal to one hundred percent of the estimated cost of setting subdivision monu
The security shall be in a form as provided in Section 20.16.070. The security s'
released upon presentation by subdivider to the City of evidence that the monuments
and the engineer or surveyor has received full payment for setting of the monuments.
SECTION II: That Title 20, Chapter 20.1 6 of the Carlsbad Municipal Code is arr
by the amendment of Section 20.1 6.080, subsection (3), to read as follows:
(3) Twenty-five percent of the total estimated cost of the improvement or act
performed to guarantee or warranty the work for a period of one year following comple
acceptance thereof against any defective work or labor done or defective materials furr
The security shall be obtained by retaining twenty-five percent of the security for '
performance of the act or agreement."
SECTION Ill: That Title 20, Chapter 20.1 6 of the Carlsbad Municipal Code is am
by the amendment to Section 20.16.090, subsection (l), to read as follows:
"(1) Seventy-five percent of security given for faithful performance of any
agreement shall be released upon the final completion and acceptance of the act or
subject to the provisions of subsection (2) hereof. Twenty-five percent of the security
for faithful performance of any act or agreement shall be retained for a period of one yeE
acceptance to guarantee or warranty the work or act as required in Section 20.1 6.08C
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subsection (3). No security given for the guarantee or warranty of work shall be reles
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That Title 20, Chapter 20.1 6 of the Carlsbad Municipal Code is amended by the 2
the expiration of the period thereof."
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of subsection (4) of Section 20.16.090.
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EFFECTIVE DATE: This ordinance shall be effective thirty days after its adopi
the City Clerk shall certify to the adoption of this ordinance and cause it to be publi
least once in the Carlsbad Journal within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Co
18th day of September 1990, and thereafter
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City 10
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held on the 25thday of Sept * , 1990 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Larson and Mamaux
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ABSENT: Council Member
NOES: None
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ATEST:
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