HomeMy WebLinkAboutOrdinance No. 16-1994r
* *NO ACTION TAKEN - ORDINANCE FAILED AT REGULAR CITY COUNCIL
MEETING HELD ON MAY 17, 1994.
ORDINANCE NO. 16 -94
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA, ADOPTING PROCEDURES AND REQUIREMENTS TO
CONSIDER AND ENTER INTO DEVELOPMENT AGREEMENTS WITH
PERSONS HAVING AN INTEREST IN REAL PROPERTY LOCATED
WITHIN THE CITY; PROVIDING FOR SEVERABILITY; PROVIDING
FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Cape Canaveral is required under Chapter
163, Fla. Stat., Intergovernmental Programs, to enforce the
provisions of the City's Comprehensive Plan; and
WHEREAS, the City may be unable to finance or provide adequate
infrastructure at the time of new development; and
WHEREAS, the "Florida Local Government Development Agreement
Act" allows the City to enter into development agreements with
• developers, as provided in Sections 163.3220 - 163.3243, Fla. Stat.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Cape Canaveral, Florida, as follows:
SECTION 1. Definitions. The City adopts the definitions
relating to development agreements contained in Section 163.3221,
Fla. Stat., as may be amended from time to time, for purposes of
interpretation and construction of this Ordinance.
SECTION 2.. Development Plan. The approval of any
development plan shall be subject to the developer providing
assurance that all required improvements for storm drainage
facilities, streets and highways, and water and sewer lines, shall
be satisfactorily constructed according to the approved development
plan. The development plan shall contain the following:
• (a) An agreement by the developer that all improvements,
whether required by the City of Cape Canaveral or
constructed at the developer's option, shall be
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constructed in accordance with the standards and
provisions of the City's Comprehensive Plan, the City's
Code of Ordinances and the provisions of the development
agreement.
(b) The development agreement shall provide that all required
improvements be satisfactorily constructed within the
period stipulated. The period during which the
improvements shall be satisfactorily constructed shall
not exceed five (5) years from the date of the recording
of the plat or upon attainment of thirty percent (30 %)
occupancy of the development, whichever comes first.
(c) The projected total cost for each improvement shall be
stated in the development agreement. The cost for
construction shall be determined by either of the
following:
(1) an estimate prepared and provided by the
applicant's engineer who shall be a registered
professional engineer within the State of Florida;
(2) a copy of a duly executed construction contract
between the developer and a third party contractor.
(d) The specifications of the public improvements to be made
and dedicated shall be set forth in the development
agreement, together with the timetable for making
improvements.
(e)
The development agreement shall state that, upon the
failure of the applicant to make the required
improvements (or cause them to be made) according to the
schedule for making the improvements, the City shall be
entitled to utilize the security provided in connection
with the development agreement.
(f) The amount and type of security provided to insure
performance shall be stated.
(g) The development agreement may provide that the amount of
security may be reduced periodically, at the election of
the City, not more than two (2) times in the same year
upon the completion, inspection and acceptance of
improvements.
SECTION 3. Security.
(a) The amount of security listed in the development
agreement shall be approved by the City Council.
(b) Security requirements may be met, as determined by the
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Ordinance No. 16 -94
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City Council, and may include, but are not limited to,
the following:
(1) cashier's check;
(2) certified check;
(3) interest bearing certificate of deposit;
(4) irrevocable letter of credit;
(5) surety bond.
(c) The amount of the security shall be five percent (5 %) of
the total construction costs for required developer -
installed improvements.
SECTION 4. Final Acceptance.
(a) Final inspection shall be conducted and corrections, if
any, shall be completed before final acceptance is
recommended by the City engineer. The recommendation for
final acceptance shall be made upon receipt of a
certification of project completion and one (1) copy of
all test results.
(b) As required improvements are completed and accepted, the
developer may apply for release of portions of security
consistent with the provisions of subsections 2(g) and
3(c).
SECTION 5. Maintenance Agreement. A maintenance agreement
shall be provided to assure the City that all required dedicated
improvements shall be maintained by the developer according to the
following requirements:
(a) The period of maintenance shall be three (3) years.
(b) The maintenance period shall begin with the acceptance by
the City of all of the constructed improvements.
(c) The security shall be in effect until the end of the
maintenance period as per Section 3(c)
(d) The original agreement shall be maintained by the
building official and filed with the City Clerk's office.
City of Cape Canaveral, Florida
Ordinance No. 16 -94
Page 4
SECTION 6. Severability. If any section, paragraph, phrase,
or word of this Ordinance is held to be unconstitutional or
invalid, such portion shall not affect the remaining portions
hereof and it shall be construed to have been a legislative intent
to pass this Ordinance without such unconstitutional or invalid
part.
SECTION 7.
Conflicting Provisions. Any ordinance, or
parts of an ordinance, in conflict herewith are repealed.
SECTION 8. Effective Date. This ordinance shall take
effect immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape
Canaveral, Florida, this day of , 1994.
Joy C. Salamone, MAYOR
ATTEST:
Faith G. Miller, CITY CLERK
Approved as to Form:
John R. Kancilia, CITY ATTORNEY