HomeMy WebLinkAbout95-17 Deposits of Costs on Bond Requirements for Permits for Work in Streets by Public AgenciesORDINANCE NO. 95-17
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, AMENDING SECTION 15-35
OF THE COSTA MESA MUNICIPAL CODE ESTABLISHING
A DEPOSIT OF COSTS ON BOND REQUIREMENTS FOR
PERMITS FOR WORK IN STREETS BY PUBLIC AGENCIES.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. The City Council of the City of Costa Mesa, California, does hereby
find and declare as follows:
1. Public agencies utilize private construction contractors to construct,
replace or maintain their facilities within, on or under streets, roadways and alleys
which are within the City of Costa Mesa public rights-of-way;
2. The contractors on projects under contract with the public agencies which
exceed Fifty Thousand Dollars ($50,000) in construction costs have on numerous
occasions failed to follow City of Costa Mesa requirements to ensure the continued
safety and operation of the City's streets, roadways and alleys;
3. The subject, contractors and public agencies have constructed their
projects in a manner to damage City streets, roadways and alleys - which has
threatened the safety of vehicles and pedestrians and obstructed the public use of the
streets, roadways and alleys; and
4. The establishment of a deposit of costs of bonds to resurface or repair
the surface of the street and sidewalk which may be damaged or destroyed by
contractors acting on behalf of public agencies will serve to protect the public's health,
safety and welfare.
Section 2. Section 15-35. of the Costa Mesa Municipal Code is hereby
amended to read as follows:
Sec. 15-35 Exemption of Public Agencies From Reports,
Fees And Exception.
If the United States, this State, this or any other county, any
municipal corporation, school district or other public agency, files with the
City Engineer a written guarantee of payment of all costs for which they
may become liable to the City under this Title,. then no deposit for costs
shall be required from such persons, except that the City Engineer may
require contractors, acting as agents of a public agency, to comply with
Section 15-32 for projects exceeding fifty thousand dollars ($50,000) in
construction costs where the performance of work within the public
right-of-way in the preceeding two (2) years by contractors, acting on
behalf of such public agency, has been unsatisfactory. The term
unsatisfactory shall mean a determination by the City Engineer that
twenty percent (20%) or more of City.staff time, than would normally be
expended, is used to monitor or inspect a public agency project to ensure
compliance with City Engineer safety and operation standards for City
streets, roadways and alleys. No permit issuance fee shall be required
of any public agency entitled to exemption .therefrom pursuant to Section
6103 of the California Government Code."
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Section 3. Publication.
This Ordinance shall take effect and be in full force and effect thirty (30) days
from and after its passage and, before the expiration of fifteen (15) days after its
passage, shall be published once in the NEWPORT BEACH -COSTA MESA PILOT, a
newspaper of general circulation printed and published in the City of Costa Mesa, or,
in the alternative, the City Clerk may cause to be published a summary of this
Ordinance and a certified copy of the text of this Ordinance shall be posted in the
office of the City Clerk five (5) days prior to the date of adoption of this Ordinance,
and within fifteen (15) days after adoption, the City Clerk shall cause to be published
the aforementioned summary and shall post in the office of the City Clerk a certified
copy of this Ordinance together with the names of the members of the City Council
voting for and against the same.
PASSED AND ADOPTED this �day of 1995.
ATTEST:
_J) -, - & � -I, (a �
Deputyity Clerk
of the Ay of Costa Mesa
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LVI�- P"AN I
APPROVED AS TO FORM:
City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, MARY T. ELLIOTT, Deputy City Clerk and ex -officio clerk of the City Council
of the City of Costa Mesa, hereby certify that the above and foregoing Ordinance No.
95-17 was introduced and considered section by section at a regular meeting of said
City Council held on the &-6L day of 60 1995, and thereafter passed and
adopted as a whole at a regular meeting of said City Council held on the (04- day of
14: _� , 1995, by the following roll call vote:
AYES: COUNCIL MEMBERS: SR�cKSb&J� 6UPFA�) 4DRn13u-GKLE,
GEMS) MOA -1,4144X)
NOES: COUNCIL MEMBERS: ?�JDNL
ABSENT: COUNCIL MEMBERS: IVDrJE
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the
City of Costa Mesa this A day of j, ,g.AQ&Z , 1995.
ORD INANCES/AASEC 15-35.104
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Deputy1he
ty Clerk and ex -officio
Clerk of City Council of the
City of Costa Mesa