HomeMy WebLinkAbout1994-08-02; City Council; 12816; ACCEPTING STREETS AND ROADS INTO THE CITY SYSTEM, NO LIABILITY UNTIL FORMALLY ACCEPTEDb
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MTG. 8/2/94 CITY SYSTEM, NO LIABILITY UNTIL ClTYAl
CITY Mc DEPT.
TITLE: ACCEPTING STREETS AND ROADS INTO THE
CA FORMALLY ACCEPTED
RECOMMENDED ACTION:
Introduce Ordinance No. Ns- As? , amending Title 20 o Carlsbad Municipal Code adding Chapter 20.52 - Acceptance of
Streets and Roads Into City System.
ITEM EXPLANATION
In 1993 ehe state legislature amended the Streets and Highwai
a street or road, until that street or road has been accepted
the City system. Acceptance can occur by Council resoluti
staff certification.
Currently, the City of Carlsbad has no formal procedurer
accepting a street or road into the City system. Usual:
to the City. Improvement agreements, containing the acceg
language are then signed. When final acceptance of
agreements is received, the engineering department prepan
agenda bill for City Council approval.
This ordinance would formalize the acceptance process.
,/explicitly states that the City will not be held liable fo
alleged failure to maintain a street or road until that stre
road has been accepted into the City system in accordance Streets and Highway Code section 1806.
Finally, the ordinance is not intended to modify or re
developers from any liability in accordance with their Subdiv
Improvement Agreement. Developers are still required to repaj
defects found until the end of the warranty period, one
following acceptance.
- to make it clear that cities are not liable for failure to mai
developer dedicates the proposed street or road, on a map or
FISCAL IMPACT
Staff costs should not increase, and there may be a reducti
future liability in an unknown amount.
EXHIBIT
Ordinance No. dSeb@?
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ORDINANCE NO. NS-289
AN ORDINANCE OF THE CITY COUNCIL, OF TNE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 20 OF THE CARLSBAD I"1CIPAL CODE BY THE ADDITION OF
CHAPTER 20.52 ACCEPTANCE OF CITY STREETS AND ROADS.
The City Council of the City of Carlsbad, California
ordain as follows:
SECTION I: That Title 20 of the Carlsbad Municipal
is amended by the addition of Chapter 20.52 to read as folloi
II CHAPTER 2 0 .5 2 Acceptance of City Streets and Roads into City System
Section 20.52.010 Procedures. Section 20.52.020 No liability until accepted.
Section 20.52.010 Procedures
Following acceptance of the final subdivision mal satisfactory completion of all subdivision improvements, the Council shall, by resolution, cause the streets and roads o subdivision to be formally accepted into the City street syst
Section 20.52.020 No liabilitv until accepted In accordance with Streets and Highways Code se
1806, the City shall not be liable for any failure to maintai street or road until such street or road has been accepted int
City's street system by City Council resolution. This secti not intended to modify or relieve developer from liability fc and all defects found after the acceptance of improvement,
accordance with the Subdivision Improvement Agreement."
EFFECTIVE DATE: This ordinance shall be effective t
days after its adoption, and the City Clerk shall certif
adoption of this ordinance and cause it to be published at
once in a newspaper of general circulation in the City of Cai
within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting c
Carlsbad City Council on the 2nd day of AUGUST I
and thereafter
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PASSED AND ADOPTED at a regular meeting of the
Council of the City of Carlsbad on the 9th day of AUGUST
1994, by the following vote, to wit:
AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Fir
NOES: None
ABSENT: None
APPROVED AS TO FORM AND LEGALITY
D. L ', City Attorney &/a- 9Cc.
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk