HomeMy WebLinkAboutCity of Tamarac Ordinance O-1998-010Temp. Ord. #1784
Page 1
Revision #2: March 16, 1998
CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 0-98-/0
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, AMENDING 10-128 "FIRE PROTECTION",
REDUCING THE MAXIMUM DISTANCE BETWEEN FIRE HYDRANTS AND
FIRE DEPARTMENT CONNECTIONS; PROVIDING FOR CODIFICATION;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Tamarac Fire Rescue Department currently staffs fire engines with
a minimum of three fire fighters and fire ground operations require that fire fighters work
in teams; and
WHEREAS, the current separation of up to one hundred fifty (150) feet between the
fire hydrant and the fire department connection requires two people to secure the water
supply which delays action to mitigate the emergency; and
WHEREAS, reducing the distance between the fire hydrant and the fire department
connection to fifty (50) feet allows the driver of the fire engine to secure the water supply,
and
WHEREAS, National Fire Protection Association #1141 recommends a maximum
of fifty (50) feet between the fire department connection and the fire hydrant; and
WHEREAS, the Fire Chief recommends the reduction in distance between the fire
hydrant and the fire department connection; and
WHEREAS, the City Commission of the City of Tamarac has deemed it to be in the
CODING: Words in stFUslthFOU914 type are deletions from existing law;
Words in underscored type are additions.
Temp. Ord. #1784
Page 2
Revision #2: March 16, 1998
best interest of the citizens and residents of the City of Tamarac that the distance between
fire hydrants and fire department connections be reduced to fifty (50') feet .
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: That the foregoing whereas clauses are hereby ratified and confirmed
as being true and correct and are hereby made a specific part of this Ordinance upon
adoption hereof.
SECTION 2: Section 10-128(2)(c) of the Code of Ordinances is hereby amended
as follows:
In the case of a building which w+l-PFeVide contains standpipe or sprinkler
systems, or both, a fire hydrant shall be installed within
4}fifty (5 Ifeet of the exterior fire department connection, with a
minimum main size of eight (8) inches in diameter.
SECTION 3: It is the intention of the City Commission and it is hereby ordained that
the provisions of this Section shall become and be made a part of the Code of Ordinances
of the City of Tamarac, Florida, and that the Sections of this Ordinance may be
renumbered, relettered and the work "Ordinance" may be change to "Section," "Article" or
such other word or phrase in order to accomplish such intention.
SECTION 4: All Ordinances or parts of Ordinances, and all Resolutions and parts
of Resolutions in conflict herewith are hereby repealed to the extent of such conflict.
SECTION 5: If any provision of this Ordinance or the application thereof to any
CODING: Words in stFuGk threugI4 type are deletions from existing law;
Words in underscored type are additions.
Temp. Ord. #1784
Page 3
Revision #2: March 16, 1998
person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications of this Ordinance that can be given affect without the invalid provision or
application, and to this end the provisions of this Ordinance are declared to be severable.
SECTION 6: This Ordinance shall become effective immediately upon it's
passage and adoption.
PASSED, FIRST READING this oZ.S day of , 1998.
PASSED, SECOND READING this day of 14 , 1998.
�11E SCHREIBER, MAYOR
ATTEST:
CAROL G , CMC/AAE
CITY CLER
I HEREBY CERTIFY that I
hav pproved this
O D NANC4st m RECORD OF COMMIS ION VOTE
MAYOR SCHREIBERDIST 1: COMM. McKAYEDIST 2: V/M MISHKINTCHELL DIST 3: COMM. SULTANOFCITY ATTDIST 4:CQMM. ROBERTS
31ashg 141,7g
CODING: Words in etw& thFewg4 type are deletions from existing law;
Words in underscored type are additions.
` PROPOSED CITY C0111111A"ISSION AGENDA ITEM
City Commission Meeting of: June 24 1998 Cut Off Date: June 10, 1998
ORDINANCE
Temporary Ordinance Number: 1824� ! 7
Item Title:
An Ordinance of the City Commission of the City of Tamarac, Florida, amending Chapter 7 of
the Tamarac Code entitled "Fire Prevention and Protection", Article 1, In General by adding
Section 7-1 entitled "Blasting Prohibited", providing for the ban on explosives within the City of
Tamarac.
The initiating Department Director will place below, in sequence of transmittal, the names of
each department that must initial their review in order for this item to be placed on the City
Commission agenda.
Initials for Initials for
Department Approval Disapproval Date
1.) Community Development tG(JZ
2.) Fire 9g
3.) BSO _ 6 . /G 7,r
4.) Public Works/Engineering 6 It lit
5.) Building Official
6.) Utilities AL
7.) Assistant to the City Manager 6
8.) City Attorney _
9.) City Manager
10.) City Clerk 0
11.)
Initiating Department Director's Signatur .
Date: 6,
Documenl4 Form Revised 6/13/97
A
PROPOSED AGENDA ITEM Temp. Ord. #: 1824 ,
STAFF APPROVAL RECOMMENDED [AYES ❑ NO
The proposed Agenda item is being submitted for Staffs approval and recommendation for
City Commission action on June 24, 1998. Original documentation is attached herewith for
distribution and inclusion on the City Commission Agenda.
PROPOSED AGENDA ITEM
An Ordinance of the City Commission of the City of Tamarac, Florida, amending Chapter 7 of
the Tamarac Code entitled "Fire Prevention and Protection", Article 1, in general by adding
Section 7-1 entitled "Blasting Prohibited", providing for the ban on explosives within the City of
Tamarac.
PURPOSE
To approve Temp. Ordinance 1824.
STAFF RECOMMENDATION
ADVISORY BOARD RECOMMENDATION
FUNDING DATA
INSURANCE
Document4 Form Revised 6113/97
` F
" Temp. Ord. #1824
Rev. # 1, June 19, 1998
CITY OF TAMARAC, FLORIDA
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, AMENDING CHAPTER 7 OF THE TAMARAC
CODE ENTITLED "FIRE PREVENTION AND PROTECTION", ARTICLE
1, IN GENERAL BY ADDING SECTION 7-1 ENTITLED "BLASTING
PROHIBITED", PROVIDING FOR THE BAN ON EXPLOSIVES WITHIN
THE CITY OF TAMARAC; PROVIDING FOR CODIFICATION;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, property owners and residents of the City of Tamarac have expressed that their real
and personal property has been damaged as a result of blasting activities permitted in conjunction with
excavation activities; and
WHEREAS, excavation activities by blasting can cause damage to properties which are difficult
for property owners to prove and place a heavy burden on property owners and residents to pursue
claims against the parties conducting the blasting activities; and
WHEREAS, blasting operations have become a nuisance in the City producing annoyance,
inconvenience, and discomfort to the residents of the City; and
WHEREAS, a prohibition of blasting in the City of Tamarac will serve to eliminate the potential
adverse impact to the surrounding residents' properties; and
WHEREAS, there are alternative methods to blasting which alleviate the difficulty of mining,
quarrying and excavation operations caused by the hardness of rock in the City of Tamarac; and
CODING: Words in stFue r thr-eug44!� type are deletions from existing law;
Words in underscored type are additions.
Temp. Ord. #1824
Rev. #1, June 19, 1998
WHEREAS, the City Commission of the City of Tamarac has deemed it to be in the best
interests of the health, safety, and general welfare of the citizens and residents of the City of Tamarac
to prohibit blasting within the City of Tamarac.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA:
SECTION 1: That the foregoing whereas clauses are hereby ratified and confirmed as being
true and correct and are hereby made a specific part of this Ordinance upon adoption hereof.
SECTION 2: The Tamarac City Code is hereby amended by adding the following:
BLASTING PROHIBITED
Sec. 7-1. Explosives, blasting_ prohibited.
It shall be unlawful for any user, through himself or a blaster, to blast fire detonate or use
an explosive within the territorial limits of the city. This section shall not act to regulate
the use of fireworks as set forth in Chapter 15 of this Code.
SECTION 3: Any person or developer who does not have a pending application or a valid
permit issued by any governmental entity to conduct blasting activities within the City of Tamarac
as of the passage of this Ordinance will be prohibited from conducting blasting operations within the
City of Tamarac.
SECTION 4: It is the intention of the City Commission and it is hereby ordained that the
provisions of this Ordinance shall become and be made a part of the code of Ordinances of the City
of Tamarac, Florida, and that the Sections of this Ordinance may be renumbered, relettered and the
word "Ordinance" may be changed to "Section", "Article" or such other word or phrase in order to
accomplish such intention.
CODING: Words in stfue r thr-o gh-type are deletions from existing law;
Words in underscored type are additions.
Temp. Ord. # 1824
Rev. # 1, June 19, 1998
SECTION 5: All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the
extent of such conflict.
SECTION 6: If any provision of this Ordinance or the application thereof to any person or
circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance
that can be given affect without the invalid provision or application, and to this end the provisions of this
Ordinance are declared to be severable.
SECTION 7: This Ordinance shall become effective immediately upon its passage and adoption.
PASSED, FIRST READING this day of Jv�y 09 17e.
PASSED, SECOND READING this day of ,19
JOE SCHREIBER
MAYOR
Ill01 M41I
CAROL GOLD
CITY CLERK
I HEREBY CERTIFY that
I have approved this
Ordinance as to form.
MITCHELL S. KRAFT
CITY ATTORNEY
CODING: Words in S406.k thf;aug4 type are deletions from existing law;
Words in underscored type are additions.
CITY OF TAMARAC
INTEROFFICE MEMORANDUM (98-214)
CITY ATTORNEY
TO: Mayor Schreiber
Vice Mayor Mishkin
Commissioner McKaye
Commissioner Roberts
Commissioner Sultanof
FROM: Mitchell S. Kraft, City Attorney
DATE: June 19, 1998
RE: Blasting Ordinance
Our File: A97-129
At the December 10, 1997 City Commission meeting, Temporary Ordinance 1814, an
ordinance banning blasting, was voted down by a vote of three -to -two. At the June 10, 1998
City Commission meeting on Commissioner Roberts' Motion the Commission voted to place
the ordinance banning blasting back on the agenda for the June 24, 1998 City Commission
meeting. In response to the Commission's request, I have prepared the attached Temporary
Ordinance No. 1824 (Temp. Ord. 1824), an ordinance banning blasting within the City of
Tamarac, for review at the June 24, 1998 City Commission meeting. This is essentially the
same ordinance considered by the City Commission at the December 10, 1997 meeting.
If after two readings this ordinance is passed, the use of any type of explosives within the City
will be unlawful as of the effective date of the ordinance. The ordinance will exclude all
blasting activities within city limits but does not regulate or prohibit the use of fireworks.
Although the City had repealed the Tamarac Code sections regulating blasting in order to allow
Broward County to enforce the Broward County Code provisions governing blasting by the
passage of Ordinance No. 0-95-1, Temp. Ord. 1824 provides for the repeal of all ordinances in
conflict with it. By passing Temp. Ord. 1824 the City would resume control of blasting activities
within the City.
The Broward County Code provisions that pertain to blasting apply "in all areas of Broward
County, inclusive of the various municipalities, unless the provisions of this article are in
conflict with a separate and distinct ordinance of a municipality in which case this article shall
not be effective within the municipality to the extent of such conflict, regardless of whether
such municipal ordinance was adopted or enacted before or after the county ordinance."
(Broward County Code §12-14(b), emphasis added.) Here, upon passage, the Tamarac
ordinance will take priority over the Broward County ordinance.
Section 3 of Temp. Ord. 1824 provides that a person or developer must have a permit pending
or issued by a government entity in order to blast within the City. A person or developer without
a pending application or issued permit as of the passage of Temp. Ord. 1824 will be prohibited
from blasting within the City.
Because the City does not currently have an ordinance restricting blasting, a party that obtains
a valid permit from Broward County prior to the passage of Temp. Ord. 1824 and meets all of
the County's requirements would be permitted to continue with blasting as planned. The
Supreme Court of Florida has established that a permit issued by the proper party "can have
no other purpose than to authorize action by the permittee in reliance on its terms." Sakolsky v.
City of Coral Gables, 151 So.2d 433 at 436 (Fla. 1963).
Additionally, a permit issued by the County prior to the enactment of Temp. Ord. 1824 could
not be rescinded where "a property owner in good faith, upon some act or omission of the
government, has made such a substantial change in position or has incurred such extensive
obligations and expenses that it would be highly inequitable and unjust to destroy the right he
acquired." Hollywood Beach Hotel Co. v. City of Hollywood, 329 So.2d 10 (Fla. 1976), citing
Sakolsky.
Our ordinance is also consistent with state law, which provides that incorporated cities have
specific authority to regulate the use of explosives within the corporate limits through
ordinances, rules and regulations (F.S. §552.25).
Please do not hesitate to contact me if you have any further questions regarding this
ordinance.
MSK
Attachment
CC: Robert S. Noe, Jr., City Manager
C
CITY OF TAMARAC
INTEROFFICE MEMORANDUM (98-06-022M)
COMMUNITY DEVELOPMENT
TO: City Manager
FROM: Director of Community
Development
Recommendation:
DATE: 16 JUNE 19" 17 P 3 3 9
.
RE: Prohibition cif Blaiing in3k,�
Tamarac Commofc&Park6L
The Director of Community Development has reviewed the economic impact of a ban on the
use of explosives for land development in the Tamarac Commerce Park (Land Section 7), and
finds no significant adverse impact to the City's Economic Development Program.
Issue:
Commissioner Karen Roberts made a motion at the June 10, 1998 City Commission meeting
to reconsider an earlier vote by the City Commission to prohibit blasting in Land Section 7 (The
Tamarac Commerce Park). This issue will be considered by the Mayor and City Commission
at the June 24, 1998 City Commission Meeting. The Director of Community Development has
been asked by the City Manager to review the impact on the City's Economic Development
Program.
Background:
The City of Tamarac has aggressively pursued economic development in the Tamarac
Commerce Park. The City has provided various economic development incentives to
encourage businesses and industries to locate there. The City has been successful in
recruiting five (5) major industries to locate in Phase I of the Park which consists of thirty-three
(33) acres. The recent land clearing and land excavation activities on the Westpoint Project
(198 acres), and the recent approval of the Sawgrass Crossings Project (59 acres) are also
positive signs that the majority of the rest of the Park will be successfully developed. A
contributing factor to the successful development of these large projects has been the
opportunity to utilize explosives to blast the limestone layer below the surface to create lakes
on site. These lakes have allowed for the retention of stormwater, and have provided the
opportunity to excavate for fill dirt to raise the elevation of the sites up to meet the flood
requirements. The remaining parcels in the Tamarac Commerce Park are much smaller as
indicated in the attachment to this report (please see Attachment A). These parcels will not
require the extensive land excavation activity which has characterized the development of the
larger projects. The developers of the smaller parcels can import fill dirt from other locations
outside of the City of Tamarac to raise their sites to meet the flood requirements. Shallow
ponds can be created on these smaller parcels with conventional equipment to retain
stormwater. Excess stormwater runoff can be accommodated in the City's drainage system
once it is completed. These conventional construction techniques can be utilized more cost
effectively for small parcels than for the development of large Projects.
Therefore, for these reasons, it is not necessary to continue to utilize explosives to create
lakes in the Tamarac Commerce Park.
Jeffirey L. Miller
c: City Attorney
JLM/ep
ATTACHMENT A
PROPERTIES IN THE TAMARAC COMMERCE PARK
LAND SECTION 7 WITHOUT DEVELOPMENT APPROVAL
PROPERTY OWNER
ADDITIONAL DESCRIPTION
AREA ACRES
Archdiocese of Miami
7.870
Ash, Simon & Ruth
Ash Plat (expired)
7.138
Broward County Expressway
Authority
East of Sawgrass ROW
13.628
Caplan, Joseph
1.2
Correia, Jack & Idilia
8.080
Francis Realty Corp
Archdiocese of Miami
5.000
Roberts and White
Tamarac land Trust Plat
10.909
Lee, R.E. & Joanne
Tee Plat
6.726
Lwin, Jinda
4.090
Maurer, Yolanda
J & J Plat
9.460
Sani-PIP Corporation
24.250
Weiz, A & Louise
3.240
City of Tamarac
3.490
Broward County Expressway
Authority
East of Sawgrass Row
9.841
J
LL
W
V)
D
CITY OF TAMARAC, FLORIDA
LEGAL NOTICE
The following Ordinance has passed on first reading, July 8, 1998, by the
City Commission of the City of Tamarac, Florida.
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, AMENDING CHAPTER 7
OF THE TAMARAC CODE ENTITLED "FIRE
PREVENTION AND, PROTECTION", ARTICLE 1, IN
GENERAL BY ADDING SECTION 7-1 ENTITLED
"BLASTING PROHIBITED", PROVIDING FOR THE BAN
ON EXPLOSIVES WITHIN THE CITY OF TAMARAC;
PROVIDING FOR CODIFICATION; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
TEMP. ORD. #1824
The second reading and Public Hearing of this Ordinance will be held
during the Regular City Commission meeting on Wednesday, July 22,
1998, at or after 9:30 a.m., and will be considered by the City
Commission in the order as it appears on the agenda. The Regular
Meeting of the City Commission will be held at City Hall, 7525 N.W. 88th
Avenue, Tamarac, Florida 33321.
Copies of this proposed Ordinance are available for viewing and
purchase at the Office of the City Clerk between the hours.of 8:00 AM.
and 5:00 P.M. Monday - Friday. Interested parties may appear and be.
heard with respect, to this proposed Ordinance in accordance with
Florida Statutes 166.041.
Pursuant to Section 286.0105, Florida Statutes, if a person decides to
appeal any decision made by the City Commission with respect to any
matter considered at such a meeting or hearing, s/he will need a record
of the proceedings and for such purpose may need to ensure that a
verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based.
Carol Gold, CMQAAE
City Cleric
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PROPOSED CITY COMMISSION AGENDA ITEM
City Commission Meeting of: June 24, 1998 Cut Off Date: June 10 1998
ORDINANCE
Temporary Ordinance Number: 1824
Item Title:
An Ordinance of the City Commission of the City of Tamarac, Florida, amending Chapter 7 of
the Tamarac Code entitled "Fire Prevention and Protection", Article 1, In General by adding
Section 7-1 entitled "Blasting Prohibited", providing for the ban on explosives within the City of
Tamarac.
The initiating Department Director will place below, in sequence of transmittal, the names of
each department that must initial their review in order for this item to be placed on the City
Commission agenda.
Department
1.) Communitv Development
2.) Fire
3.) BSO
4.) Public Works/Engineering
5.) Buildinci Official
6.) Utiliti
7.) Assistant to the City Manager
8.) City Attorney
9.) City Manager
10.) City Clerk
11.)
Initiating Department Director's Signature: _
Initials for
Approval
Initials for
Disapproval Date
T44L/�
6 r4 q�
L
Date: &� /l I J
Document4 Farm Revised 6/13/97
PROPOSED AGENDA ITEM Temp. Ord. #: 1824
STAFF APPROVAL RECOMMENDED ® YES ❑ NO
The proposed Agenda item is being submitted for Staffs approval and recommendation for
City Commission action on June 24 1998. Original documentation is attached herewith for
distribution and inclusion on the City Commission Agenda.
PROPOSED AGENDA ITEM
An Ordinance of the City Commission of the City of Tamarac, Florida, amending Chapter 7 of
the Tamarac Code entitled "Fire Prevention and Protection", Article 1, in general by adding
Section 7-1 entitled 'Blasting Prohibited", providing for the ban on explosives within the City of
Tamarac.
PURPOSE
To approve Temp. Ordinance 1824.
STAFF RECOMMENDATION
ADVISORY BOARD RECOMMENDATION
FUNDING DATA
INSURANCE
SUBMITTED BY:
Date:
APPROVED BY: � � � " Date:
Document4 Form Revised 6/13197
Temp. Ord. # 1824
Rev. # 1, June 19, 1998
CITY OF TAMARAC, FLORIDA
ORDINANCE NO.0-98-
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, AMENDING CHAPTER 7 OF THE TAMARAC
CODE ENTITLED "FIRE PREVENTION AND PROTECTION", ARTICLE
1, IN GENERAL BY ADDING SECTION 7-1 ENTITLED "BLASTING
PROHIBITED", PROVIDING FOR THE BAN ON EXPLOSIVES WITHIN
THE CITY OF TAMARAC; PROVIDING FOR CODIFICATION;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, property owners and residents of the City of Tamarac have expressed that their real
and personal property has been damaged as a result of blasting activities permitted in conjunction with
excavation activities; and
WHEREAS, excavation activities by blasting can cause damage to properties which are difficult
for property owners to prove and place a heavy burden on property owners and residents to pursue
claims against the parties conducting the blasting activities; and
WHEREAS, blasting operations have become a nuisance in the City producing annoyance,
inconvenience, and discomfort to the residents of the City; and
WHEREAS, a prohibition of blasting in the City of Tamarac will serve to eliminate the potential
adverse impact to the surrounding residents' properties; and
WHEREAS, there are alternative methods to blasting which alleviate the difficulty of mining,
quarrying and excavation operations caused by the hardness of rock in the City of Tamarac; and
CODING: Words in stfuek tiff eu type are deletions from existing law;
Words in underscored type are additions.
Temp. Ord. # 1824
Rev. # 1, .Tune 19, 1998
WHEREAS, the City Commission of the City of Tamarac has deemed it to be in the best
interests of the health, safety, and general welfare of the citizens and residents of the City of Tamarac
to prohibit blasting within the City of Tamarac.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA:
SECTION 1: That the foregoing whereas clauses are hereby ratified and confirmed as being
true and correct and are hereby made a specific part of this Ordinance upon adoption hereof.
SECTION 2: The Tamarac City Code is hereby amended by adding the following:
BLASTING PROHIBITED
Sec. 7-1. Explosives Lblasting prohibited.
It shall be unlawful for aLly user, through himself or a blaster, to blast fire detonate or use
My explosive within the territorial limits of the city. This section shall not act to regulate
the use of fireworks as set forth in Cha ter 15 of this Code.
SECTION 3: Any person or developer who does not have a pending application or a valid
permit issued by any governmental entity to conduct blasting activities within the City of Tamarac
as of the passage of this Ordinance will be prohibited from conducting blasting operations within the
City of Tamarac.
SECTION 4: It is the intention of the City Commission and it is hereby ordained that the
provisions of this Ordinance shall become and be made a part of the code of Ordinances of the City
of Tamarac, Florida, and that the Sections of this Ordinance may be renumbered, relettered and the
word "Ordinance" may be changed to "Section", "Article" or such other word or phrase in order to
accomplish such intention.
CODING: Words in stpa k thFoug type are deletions from existing law;
Words in underscored type are additions.
Temp. Ord. # 1824
Rev. # 1, June 19, 1998
SECTION 5: All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the
extent of such conflict.
SECTION b: If any provision of this Ordinance or the application thereof to any person or
circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance
that can be given affect without the invalid provision or application, and to this end the provisions of this
Ordinance are declared to be severable.
SECTION 7: This Ordinance shall become effective immediately upon its passage and adoption.
PASSED, FIRST READING this S day of July ,19 9(7.
PASSED, SECOND READING this day of ,19
JOE SCHREIBER
MAYOR
ATTEST:
CAROL GOLD
CITY CLERK
I HEREBY CERTIFY that
I have approved this
Ordinance as to form.
MITCHELL S. KRAFT
CITY ATTORNEY
CODING: Words in StMek thF9UgI4 type are deletions from existing law;
Words in underscored type are additions.
CITY OF TAMARAC
INTEROFFICE MEMORANDUM (98-214)
CITY ATTORNEY
TO: Mayor Schreiber
Vice Mayor Mishkin
Commissioner McKaye
Commissioner Roberts
Commissioner Sultanof
FROM: Mitchell S. Kraft, City Attorne(,I—
DATE: June 19, 1998
RE:
Blasting Ordinance
Our File: A97-129
At the December 10, 1997 City Commission meeting, Temporary Ordinance 1814, an
ordinance banning blasting, was voted down by a vote of three -to -two. At the June 10, 1998
City Commission meeting on Commissioner Roberts' Motion the Commission voted to place
the ordinance banning blasting back on the agenda for the June 24, 1998 City Commission
meeting. In response to the Commission's request, I have prepared the attached Temporary
Ordinance No. 1824 (Temp. Ord. 1824), an ordinance banning blasting within the City of
Tamarac, for review at the June 24, 1998 City Commission meeting. This is essentially the
same ordinance considered by the City Commission at the December 10, 1997 meeting.
If after two readings this ordinance is passed, the use of any type of explosives within the City
will be unlawful as of the effective date of the ordinance. The ordinance will exclude all
blasting activities within city limits but does not regulate or prohibit the use of fireworks.
Although the City had repealed the Tamarac Code sections regulating blasting in order to allow
Broward County to enforce the Broward County Code provisions governing blasting by the
passage of Ordinance No. 0-95-1, Temp. Ord. 1824 provides for the repeal of all ordinances in
conflict with it. By passing Temp. Ord. 1824 the City would resume control of blasting activities
within the City.
The Broward County Code provisions that pertain to blasting apply "in all areas of Broward
County, inclusive of the various municipalities, unless the provisions of this article are in
conflict with a separate and distinct ordinance of a municipality in which case this article shall
not be effective within the municipality to the extent of such conflict, regardless of whether
such municipal ordinance was adopted or enacted before or after the county ordinance."
(Broward County Code §12-14(b), emphasis added.) Here, upon passage, the Tamarac
ordinance will take priority over the Broward County ordinance.
Section 3 of Temp. Ord. 1824 provides that a person or developer must have a permit pending
or issued by a government entity in order to blast within the City. A person or developer without
a pending application or issued permit as of the passage of Temp. Ord. 1824 will be prohibited
from blasting within the City.
Because the City does not currently have an ordinance restricting blasting, a party that obtains
a valid permit from Broward County prior to the passage of Temp. Ord. 1824 and meets all of
the County's requirements would be permitted to continue with blasting as planned. The
Supreme Court of Florida has established that a permit issued by the proper party "can have
no other purpose than to authorize action by the permittee in reliance on its terms." Sakolsky v.
City of Coral Gables, 151 So.2d 433 at 436 (Fla. 1963).
Additionally, a permit issued by the County prior to the enactment of Temp. Ord. 1824 could
not be rescinded where "a property owner in good faith, upon some act or omission of the
government, has made such a substantial change in position or has incurred such extensive
obligations and expenses that it would be highly inequitable and unjust to destroy the right he
acquired." Holl ood Beach Hotel Co. v. City of Hollywood, 329 So.2d 10 (Fla. 1976), citing
Sakolsky.
Our ordinance is also consistent with state law, which provides that incorporated cities have
specific authority to regulate the use of explosives within the corporate limits through
ordinances, rules and regulations (F.S. §552.25).
Please do not hesitate to contact me if you have any further questions regarding this
ordinance.
MSK
Attachment
CC: Robert S. Noe, Jr., City Manager
CITY OF TAMARAC
INTEROFFICE MEMORANDUM (98-06-022M)
COMMUNITY DEVELOPMENT
TO: City Manager DATE: 16 JUNE 1998 , 17
39
FROM: Director of Community
Development
Recommendation:
RE: Prohibition of Blasting in t4q,
Tamarac Commerce, Park',,LIt
The Director of Community Development has reviewed the economic impact of a ban on the
use of explosives for land development in the Tamarac Commerce Park (Land Section 7), and
finds no significant adverse impact to the City's Economic Development Program.
Issue:
Commissioner Karen Roberts made a motion at the June 10, 1998 City Commission meeting
to reconsider an earlier vote by the City Commission to prohibit blasting in Land Section 7 (The
Tamarac Commerce Park). This issue will be considered by the Mayor and City Commission
at the June 24, 1998 City Commission Meeting. The Director of Community Development has
been asked by the City Manager to review the impact on the City's Economic Development
Program.
Background:
The City of Tamarac has aggressively pursued economic development in the Tamarac
Commerce Park. The City has provided various economic development incentives to
encourage businesses and industries to locate there. The City has been successful in
recruiting five (5) major industries to locate in Phase I of the Park which consists of thirty-three
(33) acres. The recent land clearing and land excavation activities on the Westpoint Project
(198 acres), and the recent approval of the Sawgrass Crossings Project (59 acres) are also
positive signs that the majority of the rest of the Park will be successfully developed. A
contributing factor to the successful development of these large projects has been the
opportunity to utilize explosives to blast the limestone layer below the surface to create lakes
on site. These lakes have allowed for the retention of stormwater, and have provided the
opportunity to excavate for fill dirt to raise the elevation of the sites up to meet the flood
requirements. The remaining parcels in the Tamarac Commerce Park are much smaller as
indicated in the attachment to this report (please see Attachment A). These parcels will not
require the extensive land excavation activity which has characterized the development of the
larger projects. The developers of the smaller parcels can import fill dirt from other locations
outside of the City of Tamarac to raise their sites to meet the flood requirements. Shallow
ponds can be created on these smaller parcels with conventional equipment to retain
stormwater. Excess stormwater runoff can be accommodated in the City's drainage system
once it is completed. These conventional construction techniques can be utilized more cost
effectively for small parcels than for the development of large Projects.
Therefore, for these reasons, it is not necessary to continue to utilize explosives to create
lakes in the Tamarac Commerce Park.
JArey L. Miller
c: City Attorney
JLM/ep
ATTACHMENT A
PROPERTIES IN THE TAMARAC COMMERCE PARK
LAND SECTION 7 WITHOUT DEVELOPMENT APPROVAL
PROPERTY OWNER
ADDITIONAL DESCRIPTION
AREA ACRES
Archdiocese of Miami
7.870
Ash, Simon & Ruth
Ash Plat (expired)
7.138
Broward County Expressway
Authority
East of Sawgrass ROW
13.628
Caplan, Joseph
1.2
Correia, Jack & Idilia
8.080
Francis Realty Corp
Archdiocese of Miami
5.000
Roberts and White
Tamarac land Trust Plat
10.909
Lee, R.E. & Joanne
Tee Plat
6.726
Lwin, Jinda
4.090
Maurer, Yolanda
J & J Plat
9.460
Sani-PIP Corporation
24.250
Weiz, A & Louise
3.240
City of Tamarac
3.490
Broward County Expressway
Authority
East of Sawgrass Row
9.841
CITY OF TAMARAC, FLORIDA
LEGAL, NOTICE
f0
O
L
•
a
The following Ordinance has passed on first reading, July 8, 1998, by the
City Commission of the City of Tamarac, Florida.
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, AMENDING CHAPTER 7
OF THE TAMARAC CODE ENTITLED "FIRE
PREVENTION AND PROTECTION", ARTICLE 1, IN.
GENERAL BY ADDING SECTION 7-1 ENTITLED
"BLASTING PROHIBITED", PROVIDING FOR THE BAN
ON EXPLOSIVES WITHIN THE CITY OF TAMARAC;
PROVIDING FOR CODIFICATION; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
TEMP. ORD. #1824
The second reading and Public Hearing of this Ordinance will be held
during the Regular City Commission meeting on Wednesday, July 22,
1998, at or after 9:30 a.m., and will be considered by the City
Commission in the order as it appears on the agenda. The Regular
Meeting of the City Commission will be held at City Hall, 7525 N.W. 88th
Avenue, Tamarac, Florida 33321.
Copies of this proposed Ordinance are available for viewing and
purchase at the Office of the City Cleric between the hours of 8:00 AM.
and 5:00 P.M. Monday - Friday. Interested parties may appear and be
heard with respect to this proposed Ordinance in accordance with
Florida Statutes 166.041.
Pursuant to Section 286.0105, Florida Statutes, if a person decides to
appeal any decision made by the City Commission with respect to any
matter considered at such a meeting or hearing, s/he will need a record
of the proceedings and for such purpose may need to ensure that a
verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based.
Carol Gold, CMC/AAE
City Clerk
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