Ord. No. 09-98-1657ORDINANCE NQ9-98-1657
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI,FLORIDA,RELATING TO PLATS;
AMENDING SECTION 17-9,OFTHECODEOF ORDINANCES,
ENTITLED "PLATS -AGREEMENTS AND BOND WITH CITY
RELATING TO STREETS,TERRACES,COURTS,ETC.";
PROVIDINGFORSEVERABILITY,ORDINANCESINCONFLICT,
AND AN EFFECTIVE DATE.
WHEREAS,Section 17-9 oftheCodeof Ordinances,relating toplats,requires
adevelopertoposta construction bondforthecost of onsiteutility,streetand
sidewalkimprovementswhichwillbededicatedtothecityandimprovementsto
adjacent rights-of-way;and,
WHEREAS,other security instruments,suchasletters of credit and cash
bonds,are superior to construction bonds;and,
WHEREAS,theMayorandtheCity Commission findthatitisinthepublic
interesttoincreasetheamount ofthesecurityto 110%of estimatedconstructioncosts
andtogranttheCityManagertheauthoritytoacceptotherforms of security.
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA:
Section1.Section 17-9.Plats-Agreementsandbondwithcityrelatingto
streets,terraces,courts,etc.,is amended to read:
All persons submitting anyrecordplat of realestate situated inthecity
tothecity commission forits acceptance of the dedication of streets,
avenues,courts,places,terracesandall thoroughfares are hereby
required to accompany anysuch proposed record plat with a suitable
agreement withthecity providing forthe construction of street paving,
parkways and other improvements withinsuch proposed subdivision as
wellasthe public right-of-way adjoining thereal estate in accordance
with the city's specifications and atthe expense of the owners of the
land to be subdivided.
The construction work istobe completed within one year from date of
such submission.The agreement istobe accompanied by good and
Page 2 of Ord.No.9-98-1657
sufficient contract bond,letter of credit,cash bond,or other form of
security acceptable totheCityManager,inan amount of 110%of the
total estimated cost of the improvements,which estimated costsshall
havebeenfirst approved inwritingbythe department of publicworks.
The security shallbe conditioned onthe compliance of the work with
permit requirements and shall have aterm of one year from the date of
acceptance of the improvements.
If the above conditions arenotmetthecitycouncilshall construct or
cause tobe constructed after public advertisement and receipt of bids,
the proposed street paving,parkways,and other improvements;andthe
principals and surety jointly and severally agreetopaytoand
indemnify thecityupon completion,thefinaltotalcost of
improvements,includingengineering,legaland contingent costs,
together withany damages directorindirect consequential which the
citymay sustain on account of thefailure of the principals to properly
keep,cany out and execute allthe provisions of said contract.
Section 2.If anysection,clause,sentence,orphrase of this ordinance isfor
any reason held invalid or unconstitutional byacourt of competent jurisdiction,the
holding shallnot affect the validity of the remaining portions of this ordinance.
Section 3.All ordinances orparts of ordinances in conflict with the
provisions of this ordinance are hereby repealed.
Section 4.This ordinance shalltake effect immediately atthe time of its
passage.
PASSED AND ADOPTED this_j^day of May,1998.
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
N:\EGalIop\Csmord-res\Sec.17-9 plat-letter ofcredit-amendment.doc
approvedl_--^/?//
e^gi
MAYOR
COMMISSION VOTE:5-0
Mayor Robaina:Yea
Vice Mayor 01iveros:Yea
Comm.Bethel:Yea
Comm.Russell:Yea
Comm.Feliu:Yea
CITY OF SOUTH MIAMI
INTER-OFFICE MEMORANDUM
To:Mayor and City Commission Date:April 29,1998 /C"
From:Earl G.Gallop^^>f^^Re:Amendment to plat ordinance
Subject:An ordinance relating to plats,amending section 17-9,code of ordinances,to
authorize the city manager to accept letters of credit,cash bonds and other forms ofsecurity
in addition to construction bonds,and increasing the amount of the security to 110%of the
estimated construction cost.
The code currently provides for a developer to give a construction bond for the
estimated cost of construction of on-site and off-site public improvements.Most
jurisdictions require security in the amount of 110%to cover construction cost increases,and
additional mobilization and administrative costs.Additionally,a letter ofcredit is superior
to a construction bond.In the event of noncompliance with permit requirements,as
determined by the city,the city manager can easily issue a draft to receive payment under the
security.Any dispute is then between the city and the developer.With a bond,payment of
bond claims are often delayed because the developer disputes the claim.Many bond claims
end up in court and require a court order directing payment.
Recommendation:Approvethe ordinance.
N:\EGallop\CSMMEMOS\City comn-secl7-9 letter credit-amd.doc
\M\DAILY BUSINESS REVIEW
PublishedDaily except Saturday,Sunday and
Legal Holidays
Miami,Dade County,Florida.
OF FLORIDA
Y OF DADE:
>re the undersigned authority personally appeared
ia V.Ferbeyre,who on oath says that she Is the
/isor,Legal Notices of the Miami Daily Business
f/k/a MiamiReview,a daily (except Saturday,Sunday
gal Holidays)newspaper,published at Miami in Dade
',Florida;that the attached copy of advertisement,
i Legal Advertisement of Notice in the matter of
'Y OF SOUTH MIAMI
'ICE OF PUBLIC HEARING
'Y COMMISSION MEETING
'19,1998
..xxacx-x ....Court,
blished in said newspaper in the issues of
8,1998
ant further says that the said MiamiDally Business
'Isa newspaper published at Miami in said Dade
,Florida,and that the said newspaper has heretofore
ontinuously published in said Dade County,Florida,
iy (except Saturday,Sunday and Legal Holidays)and
an entered as second class mall matter at the post
nMiamiin said Dade County,Florida,for a period of
ir next preceding the first publication of the attached
'advertisement;and affiant further says that she has
paid nor promised any person,firm or corporation
couni„rebate,commissionor^eftMd for the purpose
this advertisomcri^fjrrpubliqatlon in the said
aV.Ferbeyre personally known to me.
fore me this
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CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY given that the City Commission of the Cityof
South Miami,Florida will conduct a Public Hearing during its regular
City Commission meeting on Tuesday,May19,1998 beginning at
7:30 p.m.,in the City Commission Chambers,6130_Sunset Drive.,to
consider the following described ordinance(s):
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI,FLORIDA,RELATING TO
PLATS;AMENDING SECTION 17-9.OF THE CODE OF
ORDINANCES.ENTTTLED "PLATS-AGREEMENTS AND
BONDWITH CITY RELATING TO STREETS,TERRACES.
COURTS,ETC.";PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT.ANDAN EFFECTIVE DATE.
(1stReading -May 5,1998)•.'...".
Said ordinance can be inspected in the City Clerk's Office,Monday -
Friday during regular office hours.
Inquiries concerning this Hem should be directed totheCityMan
ager's Office at:663-6347.
ALL interested parties are invited to attend and will be heard.
Ronetta Taylor,CMC
•:........CityClerk
Cityof South Mfami
Pursuant toFlorida Statutes 286.0105,theCity hereby advises the
publicthatifa person decides to appeal any decision made bythis
Board,Agencyor Commission with respect toanymatterconsidered
atits meeting or hearing,heor she will need a record ofthe proceed
ings,and that for such purpose,affected person may need to ensure
thataverbatim record of the proceedings is made whichrecordin
cludes the testimony and evidence uponwhichthe appeal istobe
based.
5/8 98-3-050841M
OFFICIAL NOTARY SEAL
JANETT LLERENA
COMMISSION NUMBER
CC566004
MY COMMISSION EXPIRES
JUNE 23,2000
/r