HomeMy WebLinkAbout91-20 ORDINANCE NO. 91-20
SECTION 31-1.1 OF THE DANVILLE MUNICIPAL CODE, RELATING TO
SUBDIVISION PAYMENT SECURITY
THE TOWN COUNCIL OF THE TOWN OF DANVILLE DOES ORDAIN AS FOLLOWS:
SECTION ONE. AMENDING SECTION 31-1.1 OF THE DANVILLE MUNICIPAL
CODE: Sections 944.406 and 94-4.408 of the Ordinance Code of Contra Costa County
as adopted by reference by Section 31-1.1 of the Danville Municipal Code are hereby
repealed in their entirety and replaced by the following:
"94-4.406 Cash deposit and performance security. A combination of cash plus
additional security shall be posted with the Town guaranteeing performance of all work,
and repair of any defect in the improvements which occur within one year of the
acceptance of the work as complete, as set forth in the Subdivision Agreement. Said
cash deposit shall be equal to one percent of the cost of construction of the
improvements as estimated by the City Engineer, but not less than five thousand dollars.
Said additional security shall be equal to the remaining ninety nine percent of said
estimated cost of construction and shall be in the form of a cash deposit or acceptable
surety bond or acceptable instrument of credit.
When there are no public improvements involved and the total cost of the private
road improvements is less than five thousand dollars, the agreement shall be secured by
a cash deposit in the full amount of the estimated cost.
Upon acceptance of the work as complete by the Town Council, the subdivider
may substitute a new acceptable security guaranteeing the repair of any defective work
for the one year period and the performance security shall then be released. The new
security shall include the cash deposit described above and shall be not less than said
cash deposit or fifteen percent of the estimated cost of the construction of the
improvements, whichever amount is greater, and shall be retained for the one-year
guarantee period. If the subdivider does not substitute a new acceptable security for the
one year guarantee period, the performance security shall be retained.
Upon expiration of the one year guarantee period, and upon notification by the
appropriate Town department responsible for certifying compliance, the City Clerk shall
release all securities posted guaranteeing said improvements.
94-4.408 Payment security. Security in the form of a cash deposit or acceptable
surety bond or acceptable instrument of credit, equivalent to fifty percent of said
estimated cost of the improvement or the performance of the required act, shall be
required to secure payment to the contractor, his subcontractors and to persons
furnishing labor, materials or equipment to them for the improvement or the
performance of the required act.
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Ninety days after the acceptance of the work as complete, said payment security
may be reduced by the City Clerk, to an amount not less than the total of all claims on
which an action has been filed and if no such actions have been filed, the security may
be released in full."
SECTION TWO. SEVERABILITY: The Town Council hereby declares that every
section, paragraph, clause and phrase are severable. If any section, paragraph, sentence,
clause or phrase of this Ordinance is for any reason held to be invalid or
unconstitutional, such invalidity or unconstitutionality shall not affect the validity or
constitutionality of the remaining sections, paragraphs, sentences, clauses or phrases.
SECTION THREE. CODIFICATION: Section One shall be codified in the Danville
Municipal Code. Sections Two and Three shall NOT be codified in the Danville
Municipal Code.
The foregoing Ordinance was first read and introduced on August 6, 1991, and passed,
approved and adopted by the Danville Town Council at a Regular Meeting on
September 3, 1991, by the following vote:
AYES: Greenberg, Lane, Ritchey, Shimansky
NOES: None
ABSTAINED: None
ABSENT: Schlendorf
MAYOR
APPROVED AS TO FORM: ATTEST:
ATTORNEY CITY CLERK
PAGE 2 OF ORDINANCE NO. 91-20