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
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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
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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
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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
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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-
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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
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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
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Words in underscored type are additions.