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
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