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HomeMy WebLinkAboutO-98-20ORDiNANCE NO. 0-98-20 AN ORDiNANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 90-$7 (a) OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN RELATIVE TO DRAINS UNDER DRIVEWAYS FOR SWALE DITCHES; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDiNG FOR SEVERABILiTY; PROVIDiNG FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,; the City Council of the City of Sebastian deems it in the best interest of the public health, safety and welfare to specify materials for drains under driveways for swale ditches; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: ~ Section 90-87 of the Code of Ordinances is hereby amended to read as follows: "Sec. 90-87. Drains under driveways for swale ditches. (a) All driveways over a swale ditch shall be provided with a swale drainage pipe with a minimum size of 12 inches diameter or greater if deemed necessary by the city engineer. The pipe shall be constructed of corrugated aluminum, high-density polyethylene or reinforced concrete pipe. The pipe shall be installed under the driveway at the proper elevation and set back as established by the approved GDC drainage plans, this Code, and/or established by the city engineer. The minimum length of the drainage pipe shall be the width of the driveway plus a minimum of four feet on each side of the driveway or additional length on each side of the driveway to provide for a three horizontal to one vertical slope from the top of the driveway surface to the bottom of the drainage pipe or greater length as deemed necessary by the city engineer. A standard mitered end headwall shall be required in all cases at both sides of the pipe to avoid interference from grass or sediments." i~T.~C,,II~. CONFLICTS: All Ordinances and Resolutions or parts thereof in conflict herewith are, to the extent of such conflict, superseded and repealed. SECTION 3. SEVERABILITY. If any section, provision, clause, phrase, or application of this Ordinance is held invalid or unconstitutional for any reason by any court of competent jurisdiction, the remaining provisions of this Ordinance shall be deemed severable therefrom and shall be construed as reasonable and necessary to achieve the lawful purposes of this Ordinance. SECTION 4. CODIFICATION. It is the intention of the City Council and it is hereby ordained that the provision of this Ordinance shall become and be made part of the Code of Ordinances of the City of Sebastian, Florida. ~ EFFECTIVE I)ATE: This Ordinance shall take effect within thirty days of foregoing its adoption. The Ordinance was moved for adoption by Councilmember .The motion was seconded by C ouncilmember /~/~~ and, upon being put into a vote, the vote was as follows: Mayor Ruth Sullivan Vice-Mayor Martha Wininger Councilmember Louise R. Cartwright Councilmember Larry Paul Councilmember Charles Neuberger 2 The Mayor thereupon declared this Ordinance duly passed and adopted this/'~ day of ~-~.~~~ ~, .1998. ATTEST: l~ai~j~ M. t'O'HalloraE City Clerk (Seal) CITY OF SEBASTIAN, FLORIDA By:-/~~... ~t~,~~ Ruth Sullivan, Mayor Approved as to Form and Content for Reliance by the City_of Sebastian Only: Rich Stringer ~ City Attorney 3