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HomeMy WebLinkAboutNS-5.5 9RDXNA~_CE NO. NS-5.5 AN ORDINANCE AMENDING ORDINANCE NO. NS-5 OF THE CITY OF SARATOGA, THE SUBDIVISION ORDIE~NCE The City Council of the City of Saratoga does hereby ordain as follows: Sec~.ion 1: Section (C) of Table I of Ordinance NS-5 is hereby ~,~nded by repealinE the followin~ provisions thereof: "Accurate cost data based on contract unit prices and final quantities must be submitted to the City Engineer for approval within ninety (90) days after construction is completed or adjustment in inspection fe~ will be allowed." "If a proposed subdivision is abandoned and no improvements have been constructed, the City Enaineer shall refund the Improvement Plan Design Checkin~ Fee to the subdivider after first deductin~ his estimated costs incurred prior to receipt of notice of intent to abandon the subdivision." Section 2: THere is hereby .added to Section (C) of Table I of Ordinance NS-5 ~he followin~!provisions, in lieu of the provisions hereinabove d~ieted by repeal~ "Accurate cost data based upon contract unit prices and final quantities shall be submitted to the City EnEineer by the subdivider within ninety (90) days after construction is completed. If this provision is not complied with, there shall be no refund of any fees to the subdivider. Anything to the contrary hereinabove notwithstanding, in no event will the amount of the oriEinal fee, less any refund, be less than the actual cost of inspection services provided by the City based on time, materials, equipment and overhead." "In the event that the cost data furnished by the subdivider shows the actual cost of the improvements to be less than the estimated cost, any refund due thereby shall not be computed or paid until the expiration of subdivider~s maintenance time of said improvements and the correction of any and all deficiencies in construction and maintenance, and the final acceptance of Said improvements by the City." Section 3: There is hereby added to Section 5.2-1 of Part 3 of Ordinance NS-5 of the City of Saratoga, the following provisions: .[ "The minimum width of such access streets is required to allow fire and other emergency vehicles to pass one another in times of fire, flood or other calamity." Section 4: If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held by a court of competent Jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The Cit~ Council of the City of Saratoga hereby declares that it would haves passed this ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be held invalid or unconstitutional. This ordinance was regularly introduced and after the waiting time required by law was thereafter passed and adopted at a regular meeting of the City Council of the City of Saratoga, on the 21~t day of Augus~ 1963, by the following vote~- AYES: Glennon, Drake, Hartman, Tyler ABSENT: Brazil _~,~ ..... MAYOR ......... ' =- ~vhich has been Deputy City ClerkC<' II 77 ~