HomeMy WebLinkAboutCity of Tamarac Resolution R-2000-319Temp. Reso. #9186
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2000- 5 Iq
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING PROCEDURES TO
BE ESTABLISHED TO ADDRESS RESIDENT COMPLAINTS
REGARDING FLOODING PROBLEMS ON THEIR
DRIVEWAYS DUE TO RESURFACING OF THE STREETS;
AUTHORIZING APPROPRIATE CITY OFFICIALS TO TAKE
APPROPRIATE ACTIONS CONSISTENT WITH THE
PROCEDURES; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Commission identified Capital Improvements in City streets as
one of its five major goals in 1997; and
WHEREAS, pursuant to that goal, the City staff developed a Seven Year
Comprehensive Street Improvement Program in 1998; and
WHEREAS, the City Commission approved Resolutions R-97-247, R-98-344, R-99-
227 and R-2000-61, authorizing resurfacing and/or rehabilitation of City streets consistent
with its major goals; and
WHEREAS, there are several streets throughout Tamarac where stormwater
drainage either does not exist or is sub -standard; and
u
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WHEREAS, there are several additional streets where the longitudinal slopes are
not sufficient to completely drain the streets; and
WHEREAS, there are several driveways constructed of different materials like
concrete, asphalt, brick, etc. which have different layouts with respect to the edge of the
asphalt streets; and
WHEREAS, there are some driveways, which are part of the continuous stormwater
conveyance system (swale) that were originally constructed below the appropriate
elevation, and have not been maintained over the years with respect to adjoining green
areas; and
WHEREAS, all these contributing problems were identified during the planning
stages and routinely discussed with the City Commission; and
WHEREAS, it was recognized that to address each individual problem would be
time consuming, cost prohibitive, and would delay the much awaited street improvement
program; and
WHEREAS, it was decided that only those streets, which had extremely poor
drainage would be improved, prior to road resurfacing; and
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WHEREAS, due to some complaints regarding standing water in their driveways
after the 1997 resurfacing, the staff provided detailed explanation on this issue in the
Commission Workshops for Resolutions R-98-344 (Temporary Resolution #8448) and R-
99-277 (Temporary Resolution #8755), copies of such explanations attached hereto as
Exhibit 1 and Exhibit 2 respectively; and
WHEREAS, in spite of those explanations, individual driveway flooding complaints
have not ceased; and
WHEREAS, these flooding complaints continue to come in to the support staff,
inspectors, Project Manager and Public Works Director at an average rate of five (5) per
week; and
WHEREAS, the staff makes an honest and timely effort to respond and resolve the
resident complaints; and
and
WHEREAS, the complaints are adversely impacting the project schedule and staff;
WHEREAS, if appropriate corrective measures are not taken soon, the construction
schedule of the road program will be adversely affected; and
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WHEREAS, it is the recommendation of the Director of Public Works to establish
procedures to address the driveway flooding complaints and authorize actions consistent
with these procedures; and
WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in
the best interest of the citizens and residents of the City of Tamarac to establish
procedures to address the driveway flooding complaints and authorize actions consistent
with these procedures.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, THAT:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this resolution.
SECTION 2: The procedures outlined below are hereby authorized by which the
Public Works Department will address resident complaints regarding flooding problems on
their driveways due to resurfacing of the streets.
a) Upon receiving a driveway flooding complaint, the Public Works staff will
respond within a reasonable period not to exceed three (3) working days.
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b) The Public Works staff will investigate the complaint within five (5) working
days after first response and if found reasonable, would enter into a data
base for correction at a future date.
c) If a determination is made by the staff that corrective actions are either not
warranted or not possible without major reconstruction, no further action will
be taken except that the complainant will receive a letter from the Public
Works Department explaining the Department's action.
d) Corrective actions, which are warranted as a direct result of resurfacing will
be compiled as punch list items to be completed at a later date but prior to
final payment to the contractor.
e) Corrective actions, which are warranted but not directly related to the
resurfacing contractor, will be scheduled at a later date either to be
completed by in-house workforce or contracted out separately. It is
acknowledged that in the event of a separate contract, all applicable laws,
ordinances and policies of the City shall be followed.
SECTION 3: The appropriate City Officials are hereby authorized to take
appropriate actions consistent with the procedures outlined herein.
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SECTION 4: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 5: If any clause, section, other part or application of this Resolution
is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
SECTION 6: This Resolution shall become effective immediately upon its
passage and adoption.
Ad
PASSED, ADOPTED AND APPROVED this 62.oZ day of ,2000.
t: HE t '(- ERTIFY that
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MIT ELL S. KR)
CITY ATTORNEY
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