HomeMy WebLinkAboutCity of Tamarac Ordinance O-1987-033Introduced by; aiz
Temp. Ord. #1333
CITY OF TAMARAC, FLORIDA
ORDINANCE No. 0-87- 33
AN ORDINANCE AMENDING CHAPTER 23 OF THE CODE
` OF ORDINANCES OF THE CITY OF TAMARAC PERTAIN-
ING TO SIDEWALKS; DECLARING THAT IT IS THE
DUTY OF EACH ABUTTING PROPERTY OWNER TO
MAINTAIN SIDEWALKS; ESTABLISHING GUIDELINES
FOR CONSTRUCTION OF SIDEWALKS BY THE CITY OF
TAMARAC; PROVIDING FOR CODIFICATIION;
PROVIDING FOR REPEALER; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, a public hearing has been held pursuant to
Chapter 166, Florida Statutes; and
WHEREAS, the City Council of the City of Tamarac deter-
mines that it is in the public interest to adopt the follow-
ing Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF TAMARAC, FLORIDA:
SECTION 1: INTENT
It is the intent of the Ordinance to promote the public
health, safety and welfare by assuring that abutting property
owners are responsible for and aware of their responsibility.
to maintain sidewalks. Additionally, to clarify and re-
establish the right of the city to construct sidewalks
pursuant to specifications set forth in the Code of
Ordinances and to determine whether sidewalks constructed by
the city are to be funded by the city, private donations or
by special assessment. The City shall determine if a
sidewalk is to be constructed at a particular location in
performing its planning level functions.
SECTION 2: That Section 23-18 of the Code of Ordinances
of the City of Tamarac, entitled, Generally, is hereby
amended to read as follows:
-1-
I" ' ,16
Temp. Ord. #1333
Section 23-18. Abutting Property Owner's
Responsibility.
It shall be the duty of each owner of abutting property
to < -vx,> reconstruct and to maintain and keep in
repair uniform and substantial sidewalks in front of or
abutting upon each parcel of his property within the city.
4%4re3rstti-ii�e�a,y-*e�avl-ut-i�x�--�rf-�rtft�otxrei3:> It
shall be the duty of the abutting owner to construct a
sidewalk when notified Durguant to this -chapter.
SECTION 3: That Section 23-24 of the Code of Ordinances
of the City of Tamarac is hereby amended to read as follows:
Section 23-24. Approval of survey; notice to owner to
construct; <e�,a,-$a,.l�,, Construction by the Cit .
(a) Upon the approval by the city council of any such
survey and report, under the provisions of section 23-23, the
city council shall give or cause to be given written notice
to the owner of the property abutting upon such sidewalk or
proposed sidewalk, directing such property owner to con-
struct, reconstruct, maintain or repair, as the case may be,
the sidewalk or proposed sidewalk in front of or abutting
upon such property.
(b) The Public Works Department shall construct
sidewalks er Code s ecifications 12ursuant to resolutions
adopted ky the City Council which establish that;
1. There is a ublic need for the sidewalk;
2. That the city has obtained all re uir'ed
easements;
3. That the Cit Mana er En ineer Public Works
Directorand Planner authorize the construc-
tion thereof.
-The resolution referred to in subsection (b) above
Shall set forth whether the cost of construction for the
sidewalk shall be from a rivate donation s ecial assess-
-2-
. 1.
Temp. Ord. #1333
■' 1
ment or from the sidewalk accountpreviously established as
a bud et• item.
SECTION 4: Specific authority is hereby granted to
codify this Ordinance.
.SECTION S: All Ordinances or parts of Ordinances in
conflict herewith are hereby repealed to the extent of such
conflict.
SECTION G: 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 sever-
able.
SECTION 7: This Ordinance shall become effective
immediately upon adoption and passage.
PASSED FIRST READING this 3ay of , 1967.
PASSED SECOND READING this g day of 19B7.
BERNARD HART
MAYOR.
ATTEST:
62—"te'e-1
CAROL E. BARBUTO
CITY CLERK
I HEREBY CERTIFYIbat I have
appr this TIN
CE as
t orm. ,
. *�At; F RUF
CONSULTIKG _ ATTORNEY
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32
33
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35
-3-
MAYOR. HART �
DIST. 1: C/M ROHR
DIST. 2: C/M STELZER
DIST. 3: C/M HOFFMAN
DIST. 4: Y/M STEIN ,..AWA—el
s//3 f57 S/?-7%87
5811 NORTHWEST 88TH AVENUE TAMARAC, FLORIDA 33321
TELEPHONE (305) 722-5900
MAIL REPLY TO
P,O, BOX 25010
TAMARAC. FLORIDA 33320
June 4, 1987
Robert Laslie
MUNICIPAL CODE CORPORATION
P.O. Box 2235
Tallahassee, Florida :32304
Attention:
Enclosed please find your copy from the CITY OF TAMARAC, the following
item(s) for your files:
ORDINANCE NO's: 0-87-24, 0-87-25, 0-87-26, 0-87-27, 0-87-29,
0-87-30, 0-87-31, 0-87-32, 0-87--33
If you have any questions, please do not hesitate to contact this office.
Very truly yours,
CITY OF TAMARAC
Pat LaBello
City Clerk's Office
Enc. ( �? )
AN EQUAL OPPORTUNITY EMPLOYER
POLICY OF NONDISCRIMINATION ON THE BASIS OF HANDICAPPED STATUS
5811 NOR `fHWEST 88TH AVENUE TAMARAC, FLORIDA 33321
TELEPHONE (305) 722 5900
MAIL REPLY TO:
P.O. BOX 25010
TAMARAC, F LOH I DA 33320
June 4, 1987
COUNTY LIBRARIAN
100 South Andrews Avenue
Fort Lauderdale, Florida 33301
Attention:
Enclosed please find your copy from the CITY OF TAMARAC, the fallowing
item(s) for your files:
ORDINANCE NO's: 0-87-25, 0-87-26, 0-87-27, 0-87-29,
0-87-30, 0-87-31, 0-87-32, 0-87-32, 0-87-33
If you have any questions, please do not hesitate to contact this office.
Very truly yours,
CITY OF TAMARAC
Pat LaSello
City Clerk's Office
Enc. (7 )
AN EQUAL OPPORTUNITY EMPLOYER
POLICY OF NONDISCRIMINATION ON THE BASIS OF HANDICAPPED STATUS
5811 NORTHWEST 88TH AVENUE 0 TAMARAC, FLORIDA 33321
TELEPHONE (305) 722-5900
MAIL REPLY TO:
P.O. BOX 25010
TAMARAC, FLORIDA 33320
June 4, 1987
Robert Ussery
MUNICIPAL CODE CORPORATION
P.O. Box 2235
Tallahassee, Florida .32304
Attention:
Enclosed please find your copy from the CITY OF TAMARAC, the following
item(s) for your files:
ORDINANCE NO's; 0-87-24, 0-87-25, 0-87-26, 0-87-27, 0-87-29
0-87-30, 0-87-31, 0-87-32, 0-87-33
If you have any questions, please do not hesitate to contact this office.
Very truly yours,
CITY OF TAMARAC
Pat LaBello
City Clerk's Office
Enc. (i) )
AN EQUAL OPPORTUNITY EMPLOYER
POLICY OF NONDISCRIMINATION ON THE BASIS OF HANDICAPPED STATUS
r
■,
ITEM #23 REF._ rgpLTC HgABI - NTJON TO ADQPT. Tgmp,d 333 on
p second reading to amend Chapter 23 of the Code pertaining
DAT E �-7/O % to maintenance of sidewalks by abutting property owners
and establishing guidelines for construction of sidewalks —
by the City.
VOTE: DISTRICT 4 — V/M ST
DISTRICT 3 — C/M HO
DISTRICT 2 — C/M ST
DISTRICT 1 — C/M RO
MAYOR HART
MOTION BY:
SECONDED BY:
U
PRESENTED BY:
ACTION REQUESTED:
MAJOR SPEAKERS/PERTINENT DISCUSSION:
t
C I T Y O F T A M A R A C
INTEROFFICE MEMORANDUM
C/A NO: 8705-6505
TO: Mayor Bernard Hart and Members of Council
FROM: A. Bryant Applegate, City AttorneyC\'
SUBJECT: AN ORDINANCE AMENDING CHAPTER 23 OF THE CODE OF
ORDINANCES OF THE CITY OF TAMARAC PERTAINING TO
SIDEWALKS; DECLARING THAT IT IS THE DUTY OF EACH
ABUTTING PROPERTY OWNER TO MAINTAIN SIDEWALKS;
ESTABLISHING GUIDELINES FOR CONSTRUCTION OF SIDE-
WALKS BY THE. CITY OF TAMARAC (Temp. Ord. #1333)
DATE: May 5, 1987 (7065)
Attached please find the above -cited Resolution which
has been forwarded to the appropriate staff person. (see the
attached cover memorandum). This package is being submitted
for your careful review in order that any corrections,
changes or additions that you feel are necessary can be
implemented prior to the item being placed on the Council
Agenda.
This will also ensure that you have ample time to review
the legislation as opposed to waiting for submission of the
agenda back-up.
As your City Attorney I must emphasize the importance of
your early review in order to resolve any legal questions
that you might have prior to the enactment of the
legislation. It is hopeful that this procedure will
alleviate the problem of amending legislation at the time of
adoption. Please feel free to contact my office at any time
to discuss the attached item.
ABA/tm
Attachment
cc: John P. Kelly, City Manager �� 1
Carol E. Barbuto, City Clerk
C I T Y O F T A M A R A C
INTEROFFICE MEMORANDUM
C/A NO: 8705-6504
TO: John P. Kelly, City Manager
FROM: A. Bryant Applegate, City Attorney.
�-
r
SUBJECT: AN ORDINANCE AMENDING CHAPTER 23 OF THE CODE OF
ORDINANCES OF THE CITY OF TAMARAC PERTAINING TO
SIDEWALKS; DECLARING THAT IT IS THE DUTY OF EACH
ABUTTING PROPERTY OWNER TO MAINTAIN SIDEWALKS;
ESTABLISHING GUIDELINES FOR CONSTRUCTION OF SIDE-
WALKS BY THE CITY OF TAMARAC (Temp. Ord. #1333)
DATE: May 5, 1987 (7065)
Per your request, attached please find the above -cited
Resolution for your review. If it meets with your approval,
please take the appropriate steps to have this item placed on
a future Agenda. If there are any changes, return the
Resolution to my office with a memorandum explaining the
requested changes in order that same can be implemented.
Please ensure that all necessary exhibits are attached
to the Resolution before distribution.
If I can be of any further assistance in this matter,
please don't hesitate to contact my office.
ABA/tm
Attachment
PUBLIC HEARING
CITY COUNCIL OF TAMARAC, FLORIDA
The following Ordinances have passed the First Reading of the
City Council of the City of Tamarac, Florida.
AN ORDINANCE VACATING THE WEST 2-1/2 FOOT PORTION
OF THE 5 FOOT UTILITY EASEMENT LOCATED ON LOT 26,
BLOCK 27, THE WOODLANDS SECTION SEVEN; AND PROVID-
ING AN EFFECTIVE DATE.
TEMP. ORD. #1335
AN ORDINANCE AMENDING SECTION 2-5 OF THE CODE OF
ORDINANCES OF THE CITY OF TAMARAC PERTAINING TO
THE BOARD OF CONSUMER AFFAIRS; PROVIDING FOR
MEMBERSHIP;. CHANGING THE MEMBERSHIP FROM TWELVE
(12) TO SEVEN MEMBERS; PROVIDING FOR PROCEDURES
FOR APPOINTMENTS AND THE SELECTION OF A CHAIRMAN;
PROVIDING FOR MEETINGS, COUNCIL LIAISON, STAFF
LIAISON, REMOVAL OF MEMBERS AND RESIGNATION OF
MEMBERS; PROVIDING FOR DUTIES; PROVIDING FOR
CODIFICATION; PROVIDING FOR REPEALER; PROVIDING
FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
TEMP. ORD. #1326
AN ORDINANCE AMENDING SECTION 2-8 OF THE CODE OF
ORDINANCES OF THE CITY OF TAMARAC PERTAINING TO
THE BOARD OF SOCIAL SERVICES; PROVIDING FOR
MEMBERSHIP; CHANGING THE MEMBERSHIP TO FIVE (5)
MEMBERS; PROVIDING FOR PROCEDURES FOR APPOINTMENTS
AND THE SELECTION OF A CHAIRMAN; PROVIDING FOR
MEETING, COUNCIL LIAISON, STAFF LIAISON, REMOVAL
OF MEMBERS AND RESIGNATION OF MEMBERS; PROVIDING
FOR DUTIES; PROVIDING FOR CODIFICATION; PROVIDING
FOR REPEALER; PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
TEMP. ORD. #1327
AN ORDINANCE AMENDING SECTION 2-7 OF THE CODE OF
ORDINANCES OF THE CITY OF TAMARAC PERTAINING TO
THE PUBLIC INFORMATION COMMITTEE; RENAMING THE
PUBLIC INFORMATION COMMITTEE TO THE PUBLIC
INFORMATION BOARD; PROVIDING FOR MEMBERSHIP;
REQUIRING FIVE (5) MEMBERS; PROVIDING FOR PRO-
CEDURES FOR APPOINTMENTS AND THE SELECTION OF A
CHAIRMAN; PROVIDING FOR MEETINGS, COUNCIL LIAISON,
STAFF LIAISON, REMOVAL OF MEMBERS AND RESIGNATION
OF MEMBERS; PROVIDING FOR DUTIES; PROVIDING FOR
CODIFICATION; PROVIDING FOR REPEALER; PROVIDING
FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
TEMP. ORD. #1328
AN ORDINANCE AMENDING SECTIONS. 18A-8 AND 18A-9 OF
THE CODE OF ORDINANCES OF THE CITY OF TAMARAC
PERTAINING TO THE TAMARAC RECREATION BOARD; RENAM-
ING THE RECREATION BOARD TO THE TAMARAC PARKS AND
RECREATION BOARD; PROVIDING FOR MEMBERSHIP; CHANG-
ING THE MEMBERSHIP TO SEVEN (7) MEMBERS; REQUIRING
THAT TWO MEMBERS MUST BE BETWEEN THE AGES OF
16-19; REQUIRING THAT TWO MEMBERS BE VETERANS OF
THE ARMED FORCES; PROVIDING FOR PROCEDURES FOR
APPOINTMENTS AND THE SELECTION OF A CHAIRMAN;
PROVIDING FOR MEETINGS, COUNCIL LIAISON, STAFF
LIAISON, REMOVAL OF MEMBERS AND RESIGNATION OF
MEMBERS; PROVIDING FOR DUTIES; PROVIDING FOR
CODIFICATION; PROVIDING FOR REPEALER; PROVIDING
FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
TEMP. ORD. #1329
AN ORDINANCE OF THE CITY OF TAMARAC REPEALING
EXISTING SECTION 2-33 OF THE CODE OF ORDINANCES OF
THE CITY OF TAMARAC PERTAINING TO THE INSURANCE
ADVISORY COMMITTEE; PROVIDING FOR A NEW SECTION
2-33 WHICH ESTABLISHES THE INSURANCE ADVISORY
BOARD; PROVIDING FOR MEMBERSHIP; REQUIRING THAT
THE BOARD SHALL CONSIST OF FIVE (5) MEMBERS;
PROVIDING FOR PROCEDURES FOR APPOINTMENTS AND THE
SELECTION OF A CHAIRMAN; PROVIDING FOR MEETINGS,
COUNCIL LIAISON, STAFF LIAISON, REMOVAL OF MEMBERS
AND RESIGNATION OF MEMBERS; PROVIDING FOR DUTIES;
PROVIDING FOR CODIFICATION; PROVIDING FOR
REPEALER; PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
TEMP. ORD. #1330
AN ORDINANCE AMENDING SECTION 2-32 OF THE CODE OF
ORDINANCES OF THE CITY OF TAMARAC PERTAINING TO
THE INVESTMENT ADVISORY COMMITTEE; RENAMING THE
INVESTMENT ADVISORY COMMITTEE TO THE INVESTMENT
ADVISORY BOARD; PROVIDING FOR MEMBERSHIP;
REQUIRING THAT THE BOARD SHALL CONSIST OF FIVE (5)
MEMBERS; PROVIDING FOR PROCEDURES FOR APPOINTMENTS
AND THE SELECTION OF A CHAIRMAN; PROVIDING FOR
MEETINGS, COUNCIL LIAISON, STAFF LIAISON, REMOVAL
OF MEMBERS AND RESIGNATION OF MEMBERS; PROVIDING
FOR DUTIES; PROVIDING FOR CODIFICATION; PROVIDING
FOR REPEALER; PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
TEMP. ORD. #1331
AN ORDINANCE AMENDING CHAPTER NINE (9) OF THE CODE
OF ORDINANCES OF THE CITY OF TAMARAC; ESTABLISHING
A SPECIAL PURPOSE ACCOUNT SECTION; PROVIDING FOR A
SPECIAL PURPOSE ACCOUNT FOR BEAUTIFICATION;
PROVIDING FOR PROCEDURES; PROVIDING FOR DEPOSIT
AND RELEASE OF FUNDS; PROVIDING FOR CODIFICATION;
PROVIDING FOR REPEALER; PROVIDING AN EFFECTIVE
DATE.
TEMP. ORD. #1325
AN ORDINANCE AMENDING SECTION 2-9.2, ENTITLED
TRAVEL ALLOWANCE, OF THE CODE OF ORDINANCES OF THE
CITY OF TAMARAC; ESTABLISHING NEW CRITERIA FOR
TRAVEL ALLOWANCES AND REIMBURSEMENTS FOR ELECTED
OR APPOINTED CITY OFFICIALS AND EMPLOYEES; PROVID-
ING FOR THE REPEAL OF THE EXISTING SECTION 2-9.2
OF THE CODE OF ORDINANCES; PROVIDING FOR A SUB-
SISTENCE ALLOWANCE; PROVIDING FOR THE SUBMISSION
OF ITEMIZED VOUCHERS BEFORE REIMBURSEMENT; PROVID-
ING FOR REIMBURSEMENT FOR TRANSPORTATION COST;
PROVIDING FOR INCIDENTALS; PROVIDING FOR COD-
IFICATION; PROVIDING FOR REPEALER; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
TEMP. ORD. #1324
AN ORDINANCE AMENDING CHAPTER 23 OF THE CODE OF
ORDINANCES OF THE CITY OF TAMARAC PERTAINING TO
SIDEWALKS; DECLARING THAT IT IS THE DUTY OF EACH
ABUTTING PROPERTY OWNER TO MAINTAIN SIDEWALKS;
ESTABLISHING GUIDELINES FOR CONSTRUCTION OF SIDE-
WALKS BY THE CITY OF TAMARAC; PROVIDING FOR COD-
IFICATION; PROVIDING FOR REPEALER; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
TEMP. ORD. #1333
AN ORDINANCE OF THE CITY OF TAMARAC AMENDING
CHAPTER 11 OF THE CODE OF ORDINANCES OF THE CITY
OF TAMARAC PERTAINING TO BURNING OF SUBSTANCES;
AMENDING SECTION 11-14 ENTITLED "BURNING"; PROVID-
ING FOR OPEN PIT BURNING WITH THE APPROPRIATE AP-
PROVAL; PROVIDING FOR CODIFICATION; PROVIDING FOR
REPEALER; PROVIDING FOR SEVERABILITY; AND PROVID-
ING AN EFFECTIVE DATE.
TEMP. ORD. #1334
The second reading and Public Hearing of these Ordinances
will be held on Wednesday, May 27, 1987, at a Regular
Meeting at or after i0:00 A.M., and will be considered by the
City Council in the order appearing on the agenda.
Copies of these proposed Ordinances are available for viewing
and purchase at the office of the City Clerk.
Interested parties may appear and be heard with respect to
these proposed Ordinances in accordance with Florida Statutes
#166.041.
Pursuant to Section 286.0105, Florida Statutes
If a person decides to appeal any decision made by the c'tY
Council with respect to any matter considerad at sLic�. or
hearing, he will need a record at the prorc,eeings and Tyr s ,:'i
purpcse, he may need to ensure that a verbat;m record
the tEstimo:ny and evidence upon which the appeal is to be bcc-d,
C_
Carol E. Barbuto
City Clerk
PUBLISH: Fort Lauderdale News/Sun Sentinel
Sunday, May 17, 1987
Ball
—TEMLI
Chapter 23 of the Code on first reading to amend
sidewalks by abutting pertaining to maintenance of
auideliness for constructionofsidewalks owners dbysthe lCity.
�g
ITEM # REP
DATE ` �`Z
�,••7
VOTE: DI;
DIE
DIE
DIw
MAY
MOTION BY:
SECONDED B
TAPE SIDE # Z D
PRESENTED BY:
ACTION REQUESTED:
MAJOR SPEAKERS/PERTINENT DISCUSSION:
RM
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0
1
32
33
011
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Introduced by: Temp. Ord. #1333
CITY OF TAMARAC, FLORIDA
ORDINANCE No. 0-87-
AN ORDINANCE AMENDING CHAPTER 23 OF THE CODE
OF ORDINANCES OF THE CITY OF TAMARAC PERTAINW-
ING TO SIDEWALKS; DECLARING THAT IT IS THE
DUTY OF EACH ABUTTING PROPERTY OWNER TO
MAINTAIN SIDEWALKS; ESTABLISHING GUIDELINES
FOR CONSTRUCTION OF SIDEWALKS BY THE CITY OF
TAMARAC; PROVIDING FOR CODIFICATIION;
PROVIDING FOR REPEALER; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, a public hearing has been held pursuant to
Chapter 166, Florida Statutes; and
WHEREAS, the City Council of the City of Tamarac deter-
mines that it is in the public interest to adopt the follow-
ing Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF TAMARAC, FLORIDA:
SECTION 1: INTENT
It is the intent of the Ordinance to promote the public
health, safety and welfare by assuring that abutting property
owners are responsible for and aware of their responsibility
to maintain sidewalks. Additionally, to clarify and re-
establish the right of the city to construct sidewalks
pursuant to specifications set forth in the Code of
Ordinances and to determine whether sidewalks constructed by
the city are to be funded by the city, private donations or
by special assessment. The City shall determine if a
sidewalk is to be constructed at a particular location in
performing its planning level functions.
SECTION 2: That Section 23-18 of the Code of Ordinances
of the City of Tamarac, entitled, Generally, is hereby
amended to read as follows:
-1-
Temp. Ord. #1333
Section 23-18. Abutting Property_ Owner's
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Responsibility.
It shall be the duty of each owner of abutting property
to reconstruct and to maintain and keep in
repair uniform and substantial sidewalks in front of or
abutting upon each parcel of his property within the city.
- -r�o--cLi-r-ec-t e& Jay_ ar 4 to # -tea- > It
shall be the duty of the abutting -owner to construct a
sidewalk when notified_pursuant to this chapter.
SECTION 3: That Section 23--24 of the Code of Ordinances
of the City of Tamarac is hereby amended to read as follows:
Section 23-24. Approval of survey; notice to owner to
construct; Construction by the City.
(a) Upon the approval by the city council of any such
survey and report, under the provisions of section 23-23, the
city council shall gave or cause to be given written notice
to the � of the property abutting upon such sidewalk or
proposed sidewalk, directing such property owner to con-
struct, reconstruct, maintain or repair, as the case may be,
the sidewalk or proposed sidewalk in front of or abutting
upon such property.
(b) The Public Works De artment shall construct
sidewalks, per Code specifications ursuant to resolutions
adopted b the City Council which establish that;
1. There isa public need for the sidewalk;
2. _ That the city has obtained all reauired
easements;
3. That the Cit Mana er, Engineer, Public Works
Director and Planner authorize the construc-
tion thereof.
(c) The resolution referred to in subsection (b) above
shall set forth whether the cost of construction for the
sidewalk shall be from a private donation, special assess-
-2-
1x
Temp. Ord. #1333
ment, or from the sidewalk account previous)
a budget_ item.
established as
SECTION 3: Specific authority is hereby granted to
codify this Ordinance.
SECTION 4: All Ordinances or parts of Ordinances in
conflict herewith are hereby repealed to the extent of such
conflict.
SECTION 5: 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 sever --
able.
SECTION 6: This Ordinance shall become effective
immediately upon adoption and passage.
PASSED FIRST READING this day of 1987.
PASSED SECOND READING this day of 1987.
ATTEST:
CAROL E. BARBUTO
CITY CLERK
I HEREBY CERTIFY that I have
approved this ORDINANCE as
to form.
A. BRYANT APPLEGATE
CITY ATTORNEY
-3-
BERNARD HART
MAYOR
Introduced by: Temp. Ord. #1333
CITY OF TAMARAC, FLORIDA
ORDINANCE No. 0-87-
AN ORDINANCE AMENDING CHAPTER 23 OF THE CODE
OF ORDINANCES OF THE CITY OF TAMARAC PERTAIN-
ING TO SIDEWALKS; DECLARING THAT IT IS THE
DUTY OF EACH ABUTTING PROPERTY OWNER TO
MAINTAIN SIDEWALKS; ESTABLISHING GUIDELINES
FOR CONSTRUCTION OF SIDEWALKS BY THE CITY OF
TAMARAC; PROVIDING FOR CODIFICATIION;
PROVIDING FOR REPEALER; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, a public hearing has been held pursuant to
Chapter 166, Florida Statutes; and
WHEREAS, the City Council of the City of Tamarac deter-
mines that it is in the public interest to adopt the follow-
ing Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF TAMARAC, FLORIDA:
SECTION 1: INTENT
It is the intent of the Ordinance to promote the public
health, safety and welfare by assuring that abutting property
owners are responsible for and aware of their responsibility
to maintain sidewalks. Additionally, to clarify and re-
establish the right of the city to construct sidewalks
pursuant to specifications set forth in the Code of
Ordinances and to determine whether sidewalks constructed by
the city are to be funded by the city, private donations or
by special assessment. The City shall determine if a
sidewalk is to be constructed at a particular location in
performing its planning level functions.
SECTION 2: That Section 23-18 of the Code of Ordinances
of the City of Tamarac, entitled, Generally, is hereby
amended to read as follows:
-1-
Temp, Ord. #1333
Section 23-18. Abutting Property Owner's
Responsibility.
It shall be the duty of each owner of abutting property
to <crtrrrsttxt> reconstruct and to maintain and keep in
repair uniform and substantial sidewalks in front of or
abutting upon each parcel of his property within the city.
<---ao--e�f- -t4-,i-- > it
shall be the duty of the abutting owner to construct a
sidewalk when notified pursuant to this chapter.
SECTION 3: That Section 23-24 of the Code of Ordinances
of the City of Tamarac is hereby amended to read as follows:
Section 23-24. Approval of survey; notice to owner to
construct; Construction by the City.
(a) Upon the approval by the city council of any such
survey and report, under the provisions of section 23-23, the
city council shall give or cause to be given written notice
to the owner of the property abutting upon such sidewalk or
proposed sidewalk, directing such property owner to con-
struct, reconstruct, maintain or repair, as the case may be,
the sidewalk or proposed sidewalk in front of or abutting
upon such property.
(b) The Public Works Department shall construct
sidewalks, per Code s ecifications ursuant to resolutions
ado ted by the Cit Council which establish that;
1. There is a ublic need for the sidewalk;
2. That thecity has obtained all required
easements;
3. That the City Mana er, En ineer, Public Works
Director and Planner authorize the construc-
tion thereof.
(q) The resolution referred to in subsection (b) above
shall set forth whether the cost of construction for the
sidewalk shall be from a rivate donation, s ecial assess-
-2-
Temp. Ord. #1333
ment, or from the sidewalk account
a bud et item.
SECTION 4:
eviously established as
Specific authority is hereby granted to
codify this Ordinance.
SECTION 5: All Ordinances or parts of Ordinances 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 sever-
able.
SECTION 7:
This Ordinance shall become effective
immediately upon adoption and passage.
PASSED FIRST READING this day of
PASSED SECOND READING this day of
ATTEST:
CAROL E. BARBUTO
CITY CLERK
I HEREBY CERTIFY that I have
approved this ORDINANCE as
to form.
A. BRYANT APPLEGATE
CITY ATTORNEY
U01
BERNARD HART
MAYOR
1987.
19 87 .
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O.Of -coies DEPARTMENT OR PERSON RECEIVED BY �� /�7 DATE
COUNCIL
CITY ATTORNEY
CITY ENGINEER
CITY PLANNER
CHIEF BUILDII;G OFFICIAL
BUILDING DEPARTMENT - TRAILER
conr ENFORCEMENT
IRENE
MASTER FILE -
CITY MANAGER
FINANCE DIRECTOR
FINANCE— SUPV. ACCOUNTANT
PURCHASING
POLICE DEPARTMENT— CHIEF
POLICE DEPARTMENT — JIM
RECREATION DEPARTMENT
PUBLIC WORKS DEPARTMENT
FIRE DEPARTMENT
TU14 — ADMINISTRATION
CODIEIER (MAIL IMMEDIATELY) Mun cipal Code Corp.,PO 2235, Tallah ssee 32304
Robert Las lie In charge of suppl
Robert Ussery (in charge of Codificathion)
PERSONNEL
AUDITOR FILE
ORDINANCE FILE
RESOLUTION FILE
PLANNING COMMISSION
BOARD
CHARTER BOARD
PUBLIC INFORMATION COMMITTEE
COUNTY LIBRARIAN
COUNTY TAX APPRAISER
W.W. WILSON
BROWARD CTY.PLANNING COUNCIL
SECRETARY Or STATE
PETITIONER OR APPLICANT
CLERK'S PROJECT FILE
William Markham
115 S . Andrews Lve . , pt- .�
115 S. Andre-z Ave., Rm. 307
5519 W. KMab Rd. Tamarac 3332
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