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HomeMy WebLinkAboutOrdinance 90-82 ORDINANCE NO. 90-82 CITY OF OCOEE . AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RELATING TO SURETY FOR IMPROVEMENTS IN CONNECTION WITH SUBDIVISION PLATTING; AMENDING SECTION 5.3.3 OF ARTICLE V OF APPENDIX B TO THE CODE OF ORDINANCES OF THE CITY OF OCOEE RELATING TO DEVELOPERS AGREEMENTS AS A SURETY FOR IMPROVEMENTS; REPEALING IN ITS ENTIRETY ORDINANCE NUMBER 872 RELATING TO MANDATORY DEVELOPER'S AGREEMENT IN ORDER FOR DEVELOPERS TO OPERATE IN THE CITY; REPEALING IN ITS ENTIRETY APPENDIX 5.5 OF APPENDIX B TO THE CODE OF ORDINANCES OF THE CITY OF OCOEE RELATING TO THE FORM OF DEVELOPERS AGREEMENT AS SURETY FOR IMPROVEMENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COMMISSION, CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. The city Commission of the City of Ocoee, Florida has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the state of Florida and Chapter 166, Florida statutes. SECTION 2. The present section 5.3.3 of Article V of Appendix B to the Code of Ordinances of the city of Ocoee is hereby amended to read as follows: 5.3.3. Surety for Improvements. When platting is proposed prior to completion of construction, the subdivider shall submit to the City a performance bond, cash deposits, irrevocable letter of credit, or any other evidence or alternatives acceptable to the board. The above surety shall cover the costs of all public improvements. One or more of the following fe~~ three t4t ill alternatives may be used upon approval by the board: (a) Submit a developer's surety company completion bond executed by a company authorized to do . business in the State of Florida that is satisfactory to the board payable to the City of Ocoee. (See Appendix 5.4.) Such bond shall be in the penal sum of an amount equal to one hundred fifteen percent (115%) of the estimated cost. (b) Reee~d-a-deve%e~e~Ls-a~~eemeH~-aeee~~ab%e-~e ~fte-bea~d-wft~eft-eemm~~s-~fte-deve%e~e~-aHdfe~ f~HaHe~a%-~HS~~~~~~eH-~e-eem~%y-w~~ft-~ftese ~e~~%a~~eHS~ tsee-A~~eHd~~-S~s~t tetlQl Deposit cash in an escrow account in an amount equal to one hundred fifteen percent (115%) of the estimated cost. (See Appendices 5.6 and 5.7.) tdt~ Submit an irrevocable letter of credit from . a financial institution doing business in the State of Florida acceptable to the board. Such irrevocable letter of credit shall be in the penal sum of one hundred fifteen percent (115%) of the estimated cost. (Appendix 5.8.) SECTION 3. City of Ocoee Ordinance Number 872, adopted April 1, 1986, is hereby repealed in its entirety. SECTION 4. The present Appendix 5.5 of Appendix B to the Code of Ordinances of the city of Ocoee is hereby repealed in its entirety. SECTION 5. SEVERABILITY. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall affect the validity of the remaining portion hereto. SECTION 6. EFFECTIVE DATE. This Ordinance shall become effective thirty (30) days following its passage. PASSED AND ADOPTED this 18th day of December , 1990. APPROVED: or ( SEAL) Advertised December 6 , 1990 Read first time 12/4 , 1990 Read second time 12/6 , 1990 . For use and reliance only by the City of Ocoee, Approved as to form and leg~~t StVt day of , 1990 Approved by the Ocoee City commission at a meeting held on December 18 , 1990 under Agenda Item V B FOLEY & LARDNER, VAN DEN BERG, GAY, BURKE, WILSO ARKIN By: ~, A~. City Attorney FLOPPY/4758JJJJ(7) 01(11/28/90) - 2 - " \ I 'I Ii I II , ORDINANCE NUMBER 872 I 2.u-. ~~1-,,-.~:3 0' 0,J.qO-~~ FIRST READING 3-4-86 ') . SECOND READI NG 4-1-86 . I II' Ii I I I I I I I WHEREAS, the Ocoee City Board of Commissioners believes it lis most important to properly provide for quality growth within ~he City Ocoee, and i I I WHEREAS, the requirement for a Developer's Agreement will protect the Developer as well as the City by specifying all :~equirements under mutual understanding, and II WHEREAS, this change in the City's policies are in the best Jnterests of the general well being of the citizens. I I NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF I OCOEE, FLORIDA: . Section 1. Section 4.5 of the Subdivision Regulations adop- Ited by reference by Ordinance Number 833 is hereby amended to I ~rovide for the mandatory bi-Iateral entrance into a Developer's ~greement as stated below. I i I Section 4.5.3 of the Subdivision Regulations shall have l,sub-paragraPh (1) added to it, as follows: ,I Every developer that intends to operate I: within the City of Ocoee must enter into II a Developer's Agreement with the City. II I: il I II 'I I CITY OF OCOEE, FLORIDA AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA AMENDING ORDINANCE NUMBER 833, THE SUB- DIVISION REGULATIONS, ALSO KNOWN AS APPEN- DIX 'B' OF THE CITY CHARTER; PROVIDING FOR MANDATORY DEVELOPER'S AGREEMENTS IN ORDER TO OPERATE WITHIN THE CITY OF OCOEE; PRO- VIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The guidance provided in Appendix 5.5 of the subdivision Regulations adopted by reference by Ord. No. 833 shall serve as a basis for this Developer's Agreement. Said agreement shall be entered into by the Developer and the City after the Developer has had his Final Plans approved, but before the Final Plat is signed for the City by the Mayor, and prior to the initiation of any construction. I I I, ) , ' . . I, I Said Agreement shall be drafted by the Dev- eloper and include all of vecbalized agreements that have been reached -through the negotiation and approval process. Once drafted, the proposed Agreement shall be sub- mitted to the Office of the City Manager for concurrence and approval. The City Manager will insure in-house staff approval of the agreement, as well as approval by the City Engineer and Attorney, prior to having the Mayor sign the agreement on behalf of the City. Section 2. The Developer shall be invoiced by the City of Ocoee for all of those costs incurred by the City from the City's Attorney and Consulting Engineer in reviewing and recommending I approval of the said Developer's Agreement. Furthermore, failure on the part of the Developer to reimburse the City for those costs will result in the City ordering a cessation of work on the Developer's project, until such fees are paid. When practical, the fees in question shall be reimbursed to the City prior to the City signing the Developer's Plat. If invoices to the City from the Consultants have not been received by that time, payment shall be made to the City within 30 days of the Developer being invoiced by the City for said fees. Failure to comply with this section will result in the City's Building Department 'red tagging' the project under development. Section 3. If any portion of this Ordinance is determined to be Unconstitutional, or otherwise void, the remainder of this Ordinance shall retain its effectiveness. I Section 4. This Ordinance shall take effect upon adoption by the Board of ComQissioners. ENACTED THISfJt,d- DAY OF ~ ' 1986. CITY OF OCOEE, FLORIDA II I, II II II I :=;L e ~ MAYOR ~ ----- CITY CLERK 2