HomeMy WebLinkAboutR-93-14 RESOLUTION NO. R-93-14
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, CREATING A SIDE LOT CULVERT POLICY;
ESTABLISHING COSTS; EBTABLISHINGANAPPLICATION FOR SIDE
LOT CULVERT; ESTABLISHING ANAPPLICATION FEE~ AUTHORIZING
THE CITY MANAGER AND CITY CLERK TO ENTER INTO SIDE LOT
CULVERT AGREEMENTS ON BEHALF OF THE CITY; REPEALING
RESOLUTION NO. R-88-37; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AND
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Sebastian deems it to
be in the best interest of the City to participate in the
installation of side lot culverts for private residences; and
WHEREAS, it is in the best interest of the city to participate
in the installation of side lot culverts, thereby eliminating side
yard ditches or deep swales, resulting in future maintenance cost
reduction to the city; and
WHEREAS, the City desires to provide cost saving incentives to
property owners to encourage the installation of side lot culverts;
and
WHEREAS, promoting the installation of side lot culverts will
reduce future side lot drainage problems in new construction by
promoting the free flow of surface water runoff; and
WHEREAS, the City Manager and City Engineer have recommended
to the City Council to enact this resolution and to allow the
City's participation in the installation of side lot culverts to be
conducted on a case by case basis.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS:
SECTION 1. SIDE LOT CULVERT POLICY.
It shall be the policy of the City of Sebastian to
participate, where practical, in the installation of side lot
culverts.
Further, it shall be the policy of the City of Sebastian to
establish a standard price, based upon the average cost to the City
for installation of a 24" diameter culvert pipe, to be offered for
installation of side lot culverts.
it is the intention of this policy to offer a price to
property owners, within the City of Sebastian, for the installation
of side lot culvert pipes which will be less than can be obtained
by citizens through private contractors.
SECTION 2. COST.
The cost for the City's installation of a side lot culvert,
within the City of Sebastian, shall be $15.00 per linear foot of
pipe installed. This rate may be amended from time to time by the
City Council.
SECTION 3. APPLICATION FOR SIDE LOT CULVERT.
Each applicant, desiring the City to install a side lot
culvert, shall apply to the City for a side lot culvert permit.
The application shall be made in a form approved and adopted by the
City. An application for a side lot culvert will be considered by
the City staff only after the application is completed in its
entirety, all supporting documentation has been submitted to the
City, a side lot culvert agreement signed by applicant(s), and the
filing fee for said application has been paid to the City.
The City of Sebastian hereby adopts a standard application
form to be used by applicants who desire to apply for a side lot
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culvert pursuant to this policy. A copy of said application is
attached hereto as Exhibit "A" and by this reference incorprated
herein.
SECTION 4. APPLICATION FEE.
The application fee for the City's review of an application
for a side lot culvert shall be $50.00. This fee may be amended by
action of the City Council.
SECTION 5. SIDE LOT CULVERT AGREEMENT.
The City Manager and City Clerk are hereby authorized to
execute such agreements, after approval as to form and content by
the City Attorney, on behalf of the City of Sebastian as are
necessary to implement this policy.
Prior to acting upon an application for side lot culvert, the
applicant must execute a side lot culvert agreement, and submit
said agreement to the City along with the application for side lot
culvert.
SECTION 6. REPEAL OF RESOLUTION NO. R-88-37.
Resolution No. R-88-37 is repealed in its entirety.
SECTION 7. CONFLICT.
All resolutions or parts of resolutions in conflict herewith
are hereby repealed.
SECTION 8. SEVERABILITY.
In the event a court of competent jurisdiction shall hold or
determine that any part of this Resolution is invalid or
unconstitutional, the remainder of the Resolution shall not be
affected and it shall be presumed that the City Council of the City
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affected and it shall be pres'umed that the City Council of the
City of Sebastian did not intend to enact such invalid or
unconstitutional provision. It shall further be assumed that the
city Council would have enacted the remainder of this Resolution
without such invalid and unconstitutional provision, thereby
causing said remainder to remain in full force and effect.
SECTION 9. EFFECTIVE DATE.
This Resolution shall take effect immediately upon its
adoption.
The foregoing Resolution was moved for adoption by Council-
member
Councilmember
a vote, the vote was as follows:
Mayor Lonnie R. Powell
Vice-Mayor Frank Oberbeck
Councilmember Carolyn Corum
Councilmember Norma J. Damp
Councilmember Robert Freeland
The motion was seconded by
and, upon being put into
The Mayor thereupon declared this Resolution duly passed and
adopted this (~~. day of~ , 1993.
CITY OF SEBASTIAN
ATTEST:
Kathryn ~. O'Hall~ran,
CMC/AAE, City Clerk
(SEAL)
Approved as to Form and Content:
charles Ian Nash, City Attorney
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DATE:
I/We,
CITY OF SEBASTIAN, FLORIDA
APPLICATION FOR SIDE LOT CULVERT INSTALLATION
the owner(s) or authorized agent, of the below described
lots, request a permit to install a side lot culvert between the
following lots:
Leqal Description of Lots:
#1 Lot , Block
Subdivision
#2 Lot , Block
Subdivision
Owner(s) by Deed (Name and Address}
, Unit
, Unit
#2
The following documents must be submitted with this application:
1. A plot plan showing the location of the pipe.
2. Warranty Deed(s) for lot(s) where the pipe shall be
located.
3. Side Lot Culvert Agreement (signed by applicant(s)).
4. Non-refundable application fee of $50.00, made payable to
the "City of Sebastian".
The application fee is non-refundable once the City of Sebastian
proceeds with the review. The application and fee is for normal
applications and the city of Sebastian, if just cause is found, may
require additional material and additional fees.
OWNER
OWNER
OWNER
OWNER
EXHIBIT "A"
(Approved by Resolution No. R-93-14)
CITY OF SEBASTIAN
S~DE LOT CULVERT I~GREEMENT
This agreement is entered effective this day of
, 19 , by and between the City of Sebastian,
Indian River County, Florida, a municipal corporation organized and
existing under the laws of the State of Florida, (hereinafter
referred to as "City") and (Owner of Lot
#1) and (Owner of Lot #2)
(hereinafter collectively referred to as "Owners").
WHEREAS, the Owners own adjacent property as set forth in
Exhibit "A" of this Agreement; and
WHEREAS, the Owners desire to install a side lot culvert on
the public utility easement between their property; and
WHEREAS, the owners wish to obtain the economic and
maintenance advantage of retaining the city, or the city's
designee, for the purpose of installing said side lot culvert.
NOW, THEREFORE, the City and the Owners hereby agree as
follows:
1. The Owners agree that the City, or its designee, is
hereby granted permission to install linear feet of
(diameter of pipe) reinforced concrete pipe, cover
same, and contour the surface for surface drainage in the utility
easement on the side of Lot #1 and the side of
Lot #2, in accordance with the requirements of the City of
Sebastian ( said lots being more particularly described and
attached as Exhibit "A" of this Agreement).
2. The Owners agree to pay to the City, after obtaining a
permit, and prior to any work being performed, $15.00 per linear
foot of culvert pipe installed, for a total price of $ .
3. The Owners agree that the City has the absolute right to
require the removal, replacement, and/or repair of said pipe, the
reopening of the side swale ditch, or other corrective measures as
are deemed necessary by the City. The owners further agree that
the Owners shall be responsible for removing any vegetation,
fencing, or other obstructions, within one week of receiving
written notice from the city, should the city require access to the
easement for the performance of necessary maintenance or repairs.
4. The Owners, jointly and severally, shall indemnify and
hold the city, its council members, officers, agents, employees and
representatives, harmless from any and all liabilities, costs,
damages, actions, attorneys' fees
(including attorneys' fees to enforce the provisions of this
agreement), and expenses from any and all claims or causes of
action for bodily injury, death and property damage arising from or
in connection with the work performed by the City hereunder, or by
reason of any claim or dispute of any person or entity for damages
from any cause directly or indirectly related to any action or
failure to act by the City, whether negligent or otherwise, its
employees, representatives, subcontractors, suppliers or agents.
5. In consideration of the cost savings provided to the
undersigned Owners by the Clt¥, the receipt and sufficiency of
which are hereby acknowledged, the undersigned, individually, and
on behalf of their heirs and assigns, hereby releases the City, its
council members, officials, officers, employees and
representatives, from any and all claims, actions, causes of
action, suits, demands, injuries, damages, contracts, monies,
attorneys fees, or claims of any nature or description whatsoever,
including, but not limited to, those claims that arise from
intentional acts, negligence, contracts, and statutory claims,
which now exist, or which might hereafter accrue.
6. This agreement shall be governed by the laws of the State
of Florida. Venue in any action arising herefrom shall be Indian
River County, Florida.
WITNESSETH:
OWNER LOT #1
The foregoing instrument was sworn to,
acknowledged before me this day of
by , before witnesses,
personally known to me or who has produced
as identification and who has taken an oath.
subscribed and
, 1993
and who is
NOTARY PUBLIC
Printed Name
My Commission Expires:
WITNESSETH:
OWNER LOT ~2
The foregoing instrument was sworn to,
acknowledged before me this day of
by , before witnesses,
personally known to me or who has produced
as identification and who has taken an oath.
subscribed and
, 1993
and who is
NOTARY PUBLIC
Printed Name
My Commission Expires:
CITY OF SEBASTIAN
ATTEST:
By:
Robert S. McClary
City Manager
Kathryn M. O'Halloran,
CMC/AAE, City Clerk
(SEAL)
Approved as to Form and Content:
Charles ian Nash, City Attorney