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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2003-0021 Temp Ordinance #1982 September 25, 2002 Revision #1 January 14, 2003 Revision #2 January 21, 2003 Page 1 of 1 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-2003- Qo_ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AMENDING CHAPTER 10 ENTITLED, "LAND DEVELOPMENT REGULATIONS", ARTICLE V ENTITLED, "IMPROVEMENTS", DIVISION 1 ENTITLED, "GENERALLY", SECTION 10-156, ENTITLED, "PUBLIC IMPROVEMENT BONDS", ADDING THE DIRECTOR OF UTILITIES WHERE APPLICABLE, AMENDING THE REQUIREMENT FOR ACCEPTANCE OF ENGINEERING IMPROVEMENTS BY RESOLUTION OF THE CITY COMMISSION TO REQUIRE ACCEPTANCE OF ENGINEERING IMPROVEMENTS BY CITY ENGINEER OR DIRECTOR OF UTILITIES, AMENDING THE REQUIREMENT FOR THE CITY ENGINEER TO RECOMMEND TO THE CITY COMMISSION THE ACCEPTANCE OF ENGINEERING IMPROVEMENTS AND RELEASE OF THE IMPROVEMENT BOND TO REQUIRE THE CITY ENGINEER OR DIRECTOR OF UTILITIES TO RECOMMEND TO THE CITY MANAGER OR DESIGNEE THE ACCEPTANCE OF IMPROVEMENTS AND RELEASE OF THE BOND UPON THIRTY DAYS NOTIFICATION TO THE CITY COMMISSION, AND REMOVING THE REQUIREMENT FOR PLACING BOND RELEASE ITEMS ON THE COMMISSION AGENDA FOR DISCUSSION AND POSSIBLE ACTION; AMENDING CHAPTER 10 ENTITLED, "LAND DEVELOPMENT REGULATIONS", ARTICLE V ENTITLED, "IMPROVEMENTS", DIVISION 2 ENTITLED "ROADS AND PUBLIC RIGHTS -OF -WAY", SECTION 10-191, ENTITLED, "STREET LIGHTING", AMENDING THE REQUIREMENT FOR THE COMMISSION TO RELEASE THE PUBLIC IMPROVEMENT BOND TO REQUIRE THE CITY MANAGER OR DESIGNEE TO RELEASE THE PUBLIC IMPROVEMENT BOND UPON THIRTY DAYS NOTIFICATION TO THE CITY COMMISSION; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Tamarac desires to improve City CODING: Words in 64 & tI;F9yq# type are deletions from existing law. Words in underscored type are additions. Temp Ordinance #1982 September 25, 2002 Revision #1 January 14, 2003 Revision #2 January 21, 2003 Page 2 of 2 policies, procedures and practices in order to streamline operations and improve the efficiency an effective delivery of quality services; and WHEREAS, the City Commission of the City of Tamarac has adopted Tamarac 2003: A Strategic Focus for the City of Tamarac; and WHEREAS, one of the major goals of Tamarac 2003 is Streamlining and Improving Work Practices through revisions to the Tamarac Code of Ordinances; and WHEREAS, the Tamarac Code of Ordinances currently requires that upon the recommendation of the City Engineer, an item be placed on the Commission meeting agenda to accept the improvements and release public improvement performance bonds and warranty bonds; and WHEREAS, staff has reviewed the process for the release of public improvement performance bonds and warranty bonds and determined that the process could be streamlined by authorizing the City Manager or designee to release public improvement performance bonds and warranty bonds upon the recommendation of the City Engineer or Director of Utilities; and CODING: Words in StFUGk thrOi,,,►, type are deletions from existing law. Words in underscored type are additions. 1 1 j Temp Ordinance #1982 September 25, 2002 Revision #1 January 14, 2003 Revision #2 January 21, 2003 Page 3 of 3 WHEREAS, in order to reflect best practices, Sections 10-156 and 10-191 of the City of Tamarac Code of Ordinances must be amended to authorize the acceptance of improvements and release of public improvement bonds and warranty bonds by the City Manager or designee following the provision of thirty days notice to the City Commission, upon recommendation of the City Engineer or Director of Utilities; and WHEREAS, the Director of Utilities recommends approval of the proposed amendments to Chapter 10, Article V, Division 1, Section 10-156 and Division 2, Section 10-191 of the City Code of Ordinances; 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 amend Chapter 10 entitled, "Land Development Regulations", Article V entitled, "Improvements", Division 1 entitled, "Generally", Section 10-156 entitled, "Public Improvement Bonds", and Chapter 10 entitled, "Land Development Regulations", Article V entitled, "Improvements", Division 2 entitled, "Roads and Public Rights -of -Way", Section 10-191 entitled, "Street Lighting". NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: SECTION 1: The foregoing whereas clauses are hereby ratified and confirmed CODING: Words in StFU^k thFOU^" type are deletions from existing law. Words in underscored type are additions. Temp Ordinance #1982 September 25, 2002 Revision #1 January 14, 2003 Revision #2 January 21, 2003 Page 4 of 4 as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. SECTION 2: Chapter 10 entitled, "Land Development Regulations", Article V entitled, "Improvements", Division 1 entitled, "Generally", Section 10-156 entitled, "Public Improvement Bonds" of the City Code of Ordinances is hereby amended to read as follows: Sec. 10-156. Public improvement bonds. All bonds shall be approved by the city attorney (as to form) and the city engineer or director of utilities (as to dollar amount). Either may require such terms and/or conditions as they deem necessary for the protection of the city. The bond shall guarantee the completion of all stipulated improvements in accordance with the approved engineering plans and within a specified time period, approved by the city engineer or director of utilities and the city GGURG" manager or designee. (b) The bond shall remain in full force until the improvements have been accepted by rose', Lien of the city engineer or director of utilities ne, -RAil and a one-year warranty bond of twenty-five (25) percent of the certified actual costs, but not less than twenty- five (25) percent of the original performance bond, has been submitted and approved pursuant to this section tQ +h-Git . This bond shall be cash, irrevocable bank letter of credit, cashier's check or other negotiable instrument, or a surety bond written by a company listed in the latest revision of circular 570 standard Surety Companies Acceptable on Federal Bonds. (c) If the principal (developer or contractor) fails or refuses to correct insufficiencies in workmanship and/or materials within ninety (90) days after written notice by the city engineer or director of utilities, then the city shall have the right, pursuant to public advertisement and receipt and acceptance of bids, to cause the insufficiencies in design, workmanship and/or materials to be corrected. In such case, the principal and surety (to the extent of his bond) shall be jointly and severally liable hereunder to pay to and indemnify the city upon the correction of the insufficiencies in workmanship and/or materials, the full total cost thereof, including but not limited to, engineering, legal and contingent costs together with any damage, direct or consequential, which the city may sustain on account of the failure of the principal to comply with all of the requirements hereof. (d) The procedure for release of the improvement performance bond shall be as follows CODING: Words in stF+sk thmu# type are deletions from existing law. Words in underscored type are additions. 1 1 E Temp Ordinance #1982 September 25, 2002 Revision #1 January 14, 2003 Revision #2 January 21, 2003 Page 5 of 5 (1) Upon completion of the improvements, the developer shall submit to the city engineer or director of utilities as -built drawings and certified actual costs, and at the same time request final inspection by the eR9iReer+e9 public works or utilities departments. All actual costs shall be certified by a registered engineer. (2) Within thirty (30) working days, the city engineer or director of utilities will either: a. Approve the improvements in writing and recommend to the city seu►s+l manager or designee the acceptance of the improvements and the release of the bond; or (3) If (2)b. occurs, the developer shall make the necessary corrections and upon completion request an inspection by the public works or utilities eeg. eFing departments for verification that the corrections have been made, or submit the corrected as -built, whatever the case may be. (4) The city manager or designee GGunsil shall, upon receipt of the favorable engineer+eg recommendation from the city -engineer or director of utilities, fef provide thirty days notification to the city commission prior to the city's acceptance of the improvements and Feleasi+ag release of the bond subject to the delivery of the twenty -five -percent warranty bond. (5) The twenty -five -percent warranty bond shall stand against all insufficiencies, including but not limited to design (in accordance with this article or as may be amended), workmanship and materials included in the accepted improvements as shown on the record drawings and detailed specifications that are discovered within one (1) year of the date the work has been accepted by Fer,9149R 9f the Gity GOUnGil. The developer shall request the city engineer or director of utilities to reinspect the improvements one (1) year after their acceptance. Unless reinspection shows deficiencies, the bond shall be recommended for release by the city manager or designee who shall provide thirtv days notification to the city commission prior to release of the bond SECTION 3: Chapter 10 entitled, "Land Development Regulations", Article V entitled, "Improvements", Division 2 entitled, "Roads and Public Rights -of -Way", Section 10- CODING: Words in 6tFLI k threwq# type are deletions from existing law. Words in underscored type are additions. Temp Ordinance #1982 September 25, 2002 Revision #1 January 14, 2003 Revision #2 January 21, 2003 Page 6 of 6 191 entitled, "Street Lighting" is hereby amended to read as follows: Sec. 10-191. Street lighting. (a) Required. (2) The first twelve (12) months of estimated maintenance and service charges for the street lighting system shall be paid by the developer of the project before the issuance of a building permit. In cases where the estimated completion time of a project exceeds twelve (12) months, the city commission se-Uns+4 may require payment of additional maintenance and service charges until such time as the see ►s+4 city manager or designee releases the public improvement bond. 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 or relettered and the word "Ordinance" may be changed to "Section", "Article" or such other word or phrase in order to accomplish such intention. SECTION 5. All Ordinances or parts of Ordinances and all Resolutions or parts of Resolutions 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 CODING: Words in StF Gk thFewg4 type are deletions from existing law. Words in underscored type are additions. 1 L u 1 Temp Ordinance #1982 September 25, 2002 Revision #1 January 14, 2003 Revision #2 January 21, 2003 Page 7 of 7 adoption. PASSED, FIRST READING this 22nd day of January, 2003. PASSED, SECOND READING this 12th day of February, 2003. JOE SCHREIBER MAYOR ATTEST: MARION SW ENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this k ORMNANCE as to fornh. MITCHELL CITY ATT JED/mg RECORD OF COMMISSION VOTE: MAYOR SCHREIBER ALA 0- DIST 1: V/M. PORTNER DIST 2: COMM. MISHKI DIST 3: COMM. SULTANO ` DIST 4: COMM. ROBERTSLu.P CODING: Words in 6tF Gli tI;F9wq# type are deletions from existing law. Words in underscored type are additions.