Loading...
HomeMy WebLinkAboutCity of Tamarac Ordinance O-1976-021Proposed by: C' Temp. No. 359 Revised for 2nd Introduced by:Reading 3/24/76 Revised 4/19/76 Revised 5/26/76 CITY OF TAMARAC, FLORIDA ORDINANCE NO. '749-,ZI AN ORDINANCE AMENDING ORDINANCES 71-23 AND 74--45, THE SAME BEING SECTION 24-5 OF THE TAMARAC CITY CODE, PROVIDING FOR ADDITIONAL STANDARDS FOR BONDS AND THE SUBSTITUTE BONDS; FOR ALL ON -SITE AND OFF -SITE IMPROVEMENTS; PROVIDING FOR A COPY OF THE BOND FORM TO BE PLACED ON FILE IN THE CITY CLERK'S OFFICE, - REPEALING ALL ORDINANCES IN CONFLICT; PRO- VIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, it has been brought to the attention of the City Council of the City of Tamarac, Florida, that bonds and the substi- tute bonds provided for in Section 24-5 of the Tamarac City Code, relating to on -site and off -site improvements, should contain addi- tional standards to provide maximum protection to the citizens of Tamarac, Florida; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That Section 24-5 of the Tamarac City Code is hereby amended to read as follows: "Sec. 24-5. Bond---Generallv. (a) Prior to formal approval of a site plan or plat by the council, the developer shall post a bond with the city in the amount of one hundred twenty-five percent of the estimated cost of all required on -site and off -site improvements, including but not limited to canal excavation, bulkheads, bridges, earthwork, grading, pavement, sidewalks, street lighting, street signs, landscaping, storm drainage, water distribution and sewage collection systems. This bond shall be cash, or irrevocable bank letter of credit, cashier's check or other negotiable instrument, a surety bond, approved by the City Attorney who may in reviewing said bond, require such terms and conditions necessary for the protection of the city and written by a company listed in the latest revision of Circular 570, "Surety Companies Acceptable on Federal Bonds." The bond shall guarantee the completion of all required improvements in accordance with the approved designs, plans, and specifications referenced therein within one calendar year following the council's approval of the final plat, site plan or other requirement. Said bond shall remain in full force and effect until such time as the work covered thereby: has been inspected by the city engineer, and he has submitted a favorable written recommendation; the work has been accepted by resolution of the City Council in which the accepted "as -built" documents are specifically referenced by job title and date; a substitute warranty bond, described in paragraph (b) below, which is acceptable to the City Attorney, has been received by the City Clerk; and any additional fees due the City have been paid. In lieu of the substitute bond, the original performance bond may contain a provision which reduces its value to twenty-five percent of the actual cost of the aforestated improvements and brings it into compliance with the other conditions of the warranty bond, as set forth in Paragraph (b) below. (b) Following the acceptance of the work covered by the completion bond required in (a) above, and prior to its release, the developer shall post a substitute bond acceptable to the City Attorney, written by a company as stated above, or cash, irrevocable bank letter of credit, cashier's check or other negotiable instrument, approved by the City Attorney, with the City in the amount of twenty-five percent of the actual cost of the aforestated improvements. In the event the actual cost of the aforestated improvements exceeds the estimated cost, the fee schedule set forth in Section 24-11 shall be adjusted accordingly. This substitute bond shall serve as a warranty against all defects in design, workmanship and materials included in the accepted improvements and "as -built" documents that are discovered within one year of the date of initial acceptance of said improvements by the City Council of the City of Tamarac, Florida. The City Engineer shall reinspect the improvements one year after initial acceptance and report the inspection results to City Council. If found acceptable, City Council shall, by resolution, approve final acceptance of the improvements and the bond shall be released. Copies of typical bond forms are available in the City Clerk's office." SECTION 2: Should any section or provision of this Ordinance or any portion hereof or any paragraph, sentence or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or any part hereof other than the part declared to be invalid. SECTION 3: All ordinances or parts of ordinances, all sections of the Tamarac City Code or part thereof in conflict here- with be and the same are hereby repealed. SECTION 4: This ordinance shall become effective immediately upon its final passage. I- IPM PASSED FIRST READING this I_day of 1975' PASSED SECOND READING this_day of 197­6 PASSED THIRD READING this % day of "0,eA, 1976. ATTEST,: RFOORD OF COUNCIL VOTE ` MAYOR JOHNSON Aye V/M GLICKSMAN Ave - C/W MASSARO Ave C/M TUCKER Ave C/M FALCK Ave 1st. Reading �PTVCLERK RECORD 0COUNCIL, VOTE MAYOR W. FALCK V/M H. MASSARO CAW M. KELCH C jM 0. TUCKER C/M M. WEINBERGEA 2, n a 3r I HEREBY CERTIFY that I have approved the form and correct- ness of this Ordinance. CATTORNEY -3-