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3759FOLLOWS: ORDIIIlANCE NO. 3759 AN ORDINANCE OF THE CITY OF ANAHEIM REPEAL- ING SECTIONS 17.08.450 AIND 17.08.460 OF TITLE 17, CHAPTER 17.0 8 , OF THE ANAHEI14 2-11UN ICIPAL CODE AdD ADDING NEW SECTIONS 17.08.450 A7ND 17.08.460 TO TITLE 17, CHAPTER 17.08, RELAT- ING TO SUBDIVISIONS. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS SECTION 1. That Sections 17.08.450 and 17.08.460 of Title 17, Chapter 17.08 of the Anaheim Municipal Code be, and the same are hereby, repealed. SECTION 2. That new Sections 17.08.450 and 17.08.460 be, and the same are hereby, added to Title 17, Chapter 17.08 of the Anaheim Municipal Code to read as follows: "17.08.450 IMPROVE -WENT SECURITY - REQUIRED Unless otherwise waived by the City En- gineer upon good cause shown, the following improvement security shall be furnished to the City to guarantee the performance of any improvement agreement, contract or act required or authorized by the Subdivision Map Act, or any act required as a condition of approval of any tract or parcel map: .010 An amount equal to one hundred percent (1000) of the total estimated cost of the improvement or of the act to be performed conditioned upon the faith- ful performance of the act or agreement; and .020 An additional amount equal to fifty per- cent (50%) of the total estimated cost of the improvement or the performance of the required act, securing payment to the contractor, his subcontractors and to persons furnishing labor, materials or equipment to thee: for the improvement or the performance of the required act; and .030 An amount equal to ten percent (10%) of the total estimated cost of the improvement or the -per- formance of the required act, for the guarantee and warranty of the work for a period of one (1) year follow- ing the completion and acceptance thereof against any defective work or labor done, or defective materials furnished. -1- .040 An amount equal to fifty percent (50%) of the total cost of any storm drain construction or im- provements for the normal and proper maintenance of said work and improvements for a period of two (2) years fol- lowing the completion and acceptance thereof. 17.08.460 IMPROVEMENT SECURITY - FORM Any improvement security required under the provisions of this Chapter shall be in a form auth- orized by the Subdivision ,,,lap Act. If the improvement security is other than a bond or bonds furnished by duly authorized corporate surety, an additional amount shall be included as determined by the City Council as necessary to cover the cost and reasonable expenses and fees, including reasonable attorneys' fees, which may be incurred by the City in successfully enforcing the obligation secured. The improvement security shall also secure the faithful performance of any changes or al- terations in the work to the extent that such changes or alterations do not exceed ten percent (10%) of the original estimated cost of the improvement." SECTION 3. SEVERABILITY. The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this chap- ter of the Code, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this chapter independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 4. The City Clerk shall certify to the passage of this or- dinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, printed, published and circulated in said City, and thirty (30) days from and after its final passage, it shall take effect and be in full force. THE FOREGOING ORDIEANCE is approved and signed by me this 30th day of August , 1977 A_Z_ D YOR OF- THE CITY OF ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM JLW : fm -2- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 3759 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 23rd day of August, 1977, and that the same was duly passed and adopted at a regular meeting of•said City Council held on the 30th day of August, 1977, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Ordinance No. 3759 on the 30th day of August, 1977. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 30th day of August, 1977. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 3759 and was published once in the Anaheim Bulletin on the 9th day of September, 1977. i d CITY'CLERK agaulsug Agz0 suoisiAzpgnS