HomeMy WebLinkAboutCity of Tamarac Ordinance O-1999-0311
CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 0-99-31
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA; TEMPORARILY
AMENDING CHAPTER 5, BUILDINGS AND BUILDING
REGULATIONS, ARTICLE VII, SWIMMING POOLS,
SECTION 5-150 PUMPED WATER SEDIMENT
REMOVAL SUBSECTION (b) AND CHAPTER 10, LAND
DEVELOPMENT REGULATIONS, ARTICLE V,
IMPROVEMENTS, SECTION 10-156, PUBLIC
IMPROVEMENT BONDS AND SECTION 10-318,
SURETY REQUIRED FOR IMPROVEMENTS AND
CHAPTER 20, STREETS AND SIDEWALKS, ARTICLE II,
STREETS, DIVISION 2, EXCAVATIONS, CUTTING
CURBS, ETC., SECTION 20-47, PERFORMANCE
BONDS, AUTHORIZING THE CITY MANAGER OR
DESIGNEE TO GRANT A WAIVER OF INSPECTION
REQUIREMENTS AND APPROVE REFUNDING OF
PERFORMANCE BONDS OR POOL BONDS
CURRENTLY HELD BY THE CITY WHICH WERE
POSTED WITH THE CITY BETWEEN OCTOBER 31,
1971 AND DECEMBER 31, 1996; PROVIDING FOR
IDENTIFICATION REQUIREMENTS OF REFUND
RECIPIENTS; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN
EFFECTIVE DATE; AND PROVIDING FOR A
TERMINATION DATE.
Temp. Ord. #1872
November 5, 1999
Page 1
WHEREAS, the City is currently holding numerous performance bonds and pool
bonds which are several years old; and
WHEREAS, documentation identifying the specific improvements covered by said
bonds is no longer available in the City's records rendering inspection of those
improvements impossible; and
CODING: type are deletions from existing law;
Words in underscored type are additions.
Temp. Ord. #1872
November 5, 1999
Page 2
WHEREAS, City staff has determined that improvements covered by said bonds
have most likely been completed and inspected in prior years; and
WHEREAS, the Controller and the Interim Director of Finance recommend passage
of this ordinance; and
WHEREAS, the City Commission of the City of Tamarac has deemed it to be in the
best interest of the citizens and residents of the City of Tamarac to waive the normal
inspection requirements allowing the bonds to be refunded.
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 City Manager or designee is hereby authorized to waive
inspection requirements as provided by the Code of Ordinances of the City of Tamarac
Chapter 5, Buildings and Building Regulations, Article VII, Swimming Pools, Section 5-150
Pumped water sediment removal Subsection (b) and Chapter 10, Land Development
Regulations, Article V, Improvements, Section 10-156, Public improvement bonds and
Section 10-318, Surety required for improvements and Chapter 20, Streets and Sidewalks,
Article II, Streets, Division 2, Excavations, cutting curbs, etc., Section 20-47, Performance
bonds.
SECTION 3: The City Manager or designee is hereby authorized to approve
CODING: %48-.aA. ,R 64W& th•.. 91 type are deletions from existing law;
Words in underscored type are additions.
Temp. Ord. #1872
November 5, 1999
Page 3
the refund of bonds held by the City under the above referenced sections.
SECTION 4: Such Authorization to waive inspection requirements and to
approve refunding of bonds shall apply only to those bonds that were posted with the City
between October 31, 1971 and December 31, 1996.
SECTION 5: Recipients of refunds shall be required to provide proof of
identification as follows:
A. If City records indicate the bond was posted by a corporation,
proprietorship, or partnership:
1. Proof that said corporation, proprietorship or partnership was
in existence at the time the bond was posted.
2. If corporation, proprietorship or partnership is no longer in
existence, proof of transfer of ownership or proof of dissolution
with records indicating name of principal individual and photo
ID, such as Driver's License or State ID, of principal individual
claiming refund.
B. If City records indicate the bond was posted by an individual:
1. Photo ID, such as Drivers License or State ID.
2. If individual is deceased, proof of assignment of estate by the
court.
SECTION 5: Recipients of refunds shall also be required to provide to the
City a signed and notarized Indemnification, Hold Harmless and Release Form.
CODING: type are deletions from existing law;
Words in underscored type are additions.
1
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Temp. Ord. #1872
November 5, 1999
Page 4
SECTION 6: All Ordinances or parts of Ordinances in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 7: 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 6: This Ordinance shall become effective upon passage by the
City Commission of the City of Tamarac and shall terminate on August 31, 2000.
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PASSED, FIRST READING this a� � day of _ , 1999.
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PASSED, SECOND READING this 0' day of , 1999.
ATTEST:
0-a'�"'/
CAROL GOL15, CMC/AAE
CITY CLERK
REBY CERTIFY that I
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CV,6stoforW
MITCHELL S.
I ( CITY ATTOR
OE SCHREIBER, MAYOR
RECORD OF COMMISSION
MAYOR
SCHREIBER
DIST 1:
COMM. PORTNER
DIST 2:
V/M MISHKIN
DIST 3:
COMM. SULTANOF
DIST 4:
COMM. ROBERTS
CODING: WeFds iR stFuEkthreugh type are deletions from existing law;
Words in underscored type are additions.
•
Written Assignment of Designation
December 14, 1999
In accordance with Tamarac City Ordinance 99-31, 1 designate the Director of Finance
or the Interim Director of Finance to authorize a waiver of inspection requirements and a
refund of performance bonds as described in Ordinance 99-31.
Jeffr . M Iffer
City Manager I Z — t r`
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This document was filed in the office of the City Clerk on fAv'-?/ -?P
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Carol Gold
City Clerk
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