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Home My WebLink AboutR-93-35 RESOLUTION NO. R-93-35 A RESOLUTION OF THE CITY OF SEBASTZANt ZNDZ~ RIVER COUNTYt FLORZDA~ CRF~TZNG A CULVERT PIPE POLICY; ESTABLISHING COSTS; ESTABLISHING ~T APPLICATION FOR CULVERT PIPE; ESTABLZSHZNG ~ ~PPLZCATZON FEE; AUTHORIZING THE CITY I~N~GER ~ CITY CLERK TO ENTER INTO CULVERT PIPE AGREEHENTS ON BEHALF OF THE CITY; REPE~ZNG RESOLUTION NO. R-93-14; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CO17FLZCT HEREWITH; PROVIDING FOR SEVEI~,BZLZTY; ~ PROVIDING FOR ~N 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 culvert pipes for private residences; and WHEREAS, it is in the best interest of the city to participate in the installation of culvert pipes, thereby eliminating side or rear 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 culvert pipes; and WHEREAS, promoting the installation of culvert pipes will reduce future 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 culvert pipes 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. CULVERT PIPE POLICY. It shall be the policy of the City of Sebastian to participate, where practical, in the installation of culvert pipes. 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 culvert pipes. It is the intention of this policy to offer a price to property owners, within the city of Sebastian, for the installation of culvert pipes which will be less than can be obtained by citizens through private contractors. ~~_~ COST. The cost for the city's installation of a culvert pipe, 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. SECTI0~ 3. APPLiCaTION FOR CULVERT PIPE. Each applicant, desiring the city to install a culvert pipe, shall apply to the City for a culvert pipe permit. The application shall be made in a form approved and adopted by the city. An application for a culvert pipe 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 culvert pipe 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 culvert pipe pursuant to this policy. A copy of said application is attached hereto as Exhibit "A" and by this reference incorporated herein. SECTION 4. APPLICATION FEE. The application fee for the city's review of an application for a culvert pipe shall be $50.00. This fee may be amended by action of the city Council. SECTION 5. CULVERT PIPE AGREEHENT. 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 a culvert pipe, the applicant must execute a culvert pipe agreement, and submit said agreement to the City along with the application for culvert pipe. SECTIO~ 6. REPEAL OF RESOLUTION NO. R-93-14. Resolution No. R-93-14 is repealed in its entirety. SECTION 7. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTION S. ~EVERABILITY. 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 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 ...~~ . The motion was seconded by Councilmember ~~6t~?L and, upon being put into 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 Mayor thereupon declared this Resolution duly passed and adopted this ~~- day of ~ , 1993. CITY OF SEBASTIAN /) .... · K~athryn~Mt O'H~lloran, CMC/AAE City Clerk (SEAL) / Approved~~.and Content: charles ~an Na~h, Ci%y att6~ney CITY OF gEB~BTI~,N ~PPLIC~TION FOR CULVERT PIPE INST~L~TION DATE: I/We, the owner(s) or authorized agent, of the below described lots, request a permit to install a culvert pipe between the following lots: Legal Description of Lots:. #1 Lot , Block , Unit Subdivision #2 Lot , Block , Unit Subdivision Owner(s) b_x Deed, (Name and Address) #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. culvert Pipe 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-93-35 CITY OF SEBASTIAN CULVERT PiPE AGREEMENT 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 culvert pipe 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 culvert pipe. 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 lot line of Lot #1 and the lot line 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 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 Ownmrs by the ~ity, the receipt and sufficiency of which are hereby acknowledged, the undersigned, individually, and on behalf of their heirs and assigns, hereby releases the ~i~y, 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, subscribed and acknowledged before me this day of , 1993 by , and , before witnesses, and who is personally known to me or who has produced as identification and who has taken an oath. NOTARY PUBLIC WITNESSETH: Printed Name My Commission Expires: OWNER LOT #2 The foregoing instrument was sworn to, subscribed and acknowledged before me this day of , 1993 by , and , before witnesses, and who is personally known to me or who has produced as identification and who has taken an oath. NOTARY PUBLIC Printed Name My Commission Expires: 2