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HomeMy WebLinkAbout2000 02 21 Regular B Water snd Sewer System COMMISSION AGENDA ITEM B Consent Information Public Hearin Re ular xx February 28, 2000 Meeting MGR. f2--. lDe~ REQUEST: Community Development Department, Land Development Division,. requesting Commission approval for the acceptance of the improvements (water and sewer system) located in Parkstone Unit 1 for City ownership and maintenance. PURPOSE: The purpose of this Agenda Item is to request that the Commission accept the water and sewer system within the Parkstone Unit 1 subdivision for public ownership and maintenance. This subdivision is located north of SR 434 , east of the Seminole County School Board Transportation facility, south of Lake Jesup and west of Central Winds Park. APPLICABLE CODE: Section 9-76(b) Maintenance Bond. When requesting to record a plat for which the improvements have been installed and approved by the City Engineer and when the City is being asked to accept such improvements, the subdivider shall provide a maintenance bond payable to the City guaranteeing the performance of required and installed improvements for two (2) years after date of completion and acceptance by the City, executed and enforceable in the same manner as the corporate or surety completion bond. The bond shall be in the amount often (10) percent of the estimated construction cost of all improvements to be owned and maintained by the City. As an alternative to the provision of a corporate or surety bond, the subdivider may provide the deposit of equivalent cash in an escrow account with the City, or a letter of credit drawn on an approved institution, drawn in a form approved by the city attorney. FINDINGS: 1) The plat for Parkstone Unit 1 subdivision was approved for recordation at the August 11, 1999 meeting. 2) Parkstone Unit 1 subdivision improvements have been inspected by the Fire Department, Police Department, Public Works/Utility Department and the City February 28,2000 CONSENT AGENDA ITEM B Page 2 Engineer. All agencies found the work to be acceptable with the exception of the entrance gate (Emergency Vehicle Access Control System) which cannot be inspected or accepted until the gate is fully operational The gate is expected to be operational not later than March 3, 2000. Until such time as the gate is operational and satisfactorily inspected, Certificates of Occupancy cannot be issued. Although the gate may be operational, it is not anticipated to be in the closed position until some later date due to the continuous construction that will be going on. 3) The City Engineer reviewed and approved the construction cost of $514,035.00 (10% bond amount of$51,403.50) for improvements to be accepted for City ownership and maintenance. 4) The City Attorney is in the process of reviewing the Maintenance Bond for legal content. 5) All improvements are in place and have been inspected, but there was a minor shift of the right of way in the vicinity of Lots 13, 14, 19,20,21 and 22. This shift will necessitate a redefining of the lot lines in this area. The redefining of the lot lines will require a replat of this area. The road position (right of way) change was necessary to avoid a conflict with an artesian will located within the originally approved roadway path. This artesian well, which was found to be unstable during construction, required installation of special infiltration devices to collect and properly discharge its continuous flow in a manner that would not jeopardize the integrity of the road system. As a result, the position of the road in the vicinity of these lots was adjusted, thereby precipitating the Staffs requirement to replat this one small area. Staff believes the replatting will provide the greatest long-term clarity of site boundaries for the future owners oflots in question. RECOMMENDATION: Staff recommendation is for the approval and acceptance of the improvements (water and sewer system) located in Parkstone Unit 1, contingent upon the following: February 28,2000 CONSENT AGENDA ITEM B Page 3 1) developer replatting Lots 13, 14, 19,20,21 and 22 and withholding building permits on these lots until such time as they are replatted. 2) certificates of occupancy cannot be issued until such time as the Fire Department has inspected and accepted the Emergency Vehicle Access Control System. A TT ACHMENTS: A - Land Development Coordinator Memo to City Attorney dated February 22, 2000 COMMISSION ACTION: February 22, 2000 To: Anthony Garganese, City Attorney Don LeBlanc, Land Development coordina~ From: Re: Parkstone Unit 1 Maintenance Bond Legal Review Attached for your legal review is the above referenced maintenance bond for the improvements (water and sewer system) to be accepted by the City for ownership and maintenance. This is scheduled to be an agenda item at the Commission Meeting of February 28,2000. Comments are: 1) the bond appears to be correct. The latest surety rider reflects the effective date to be February 28,2000; 2) on this date I spoke to Robin of the insurance hotline and was told that SAFECO had been licensed in the state since May 1954 and that the company met all the statutory requirements; and, 3) please see attached Staff comments. BOND NO. 6013859-1 SUBDIVISION AND SITE PLAN MAINTENANCE BOND FOR WATER AND SEWER FACILITIES KNOW ALL MEN BY THESE PRESENTS: That we CENTEX HOMES , whose address is 385 Douglas Ave., Altamonte Springs, FL 32714, hereinafter referred to as "Principal" and SAFFr.O TN<;IIRANCE COMPANY OF AMERICA, whose address is SAFECO PLAZA, SEATTLE, WA 98185 , hereinafter referred to as "Surety" are held and finnly bound unto Seminole County, a political subdivision of the State of Florida, whose address is Seminole County Services BUilding, 1101 East First Street, Sanford, Florida 32771, hereinafter referred to as the "County" in the sum of$ ($51 ,403.50) for the payment of which we bind ourselves, heirs, executors, successors, and assigns, jointly and severally, firmly by these pr~ents: WHEREAS PRINC.lP AL has constructed certain improvements, including water and sewer facilities and other appurtenances in that certain subdivision described as PItI2.KS~,v6 , a plat of which is recorded in Plat Book S"'f' , Page / 7.- d- J , Public Records of Seminole County, Florida. WHEREAS, the aforesaid improvements were made pursuant to certain plans and specifications dated , 19_, and filed with the Department of Environmental Services of Seminole County. WHEREAS PRlNCIP AL is obligated to protect the COUNTY against any defects resulting from faulty materials or workmanship of said improvements and to maintain said improvements for a period of two (2) years from JANUARY 28 , 20~. NOW THREFORE, the condition of this obligation is such that if PRlNCIP AL shall promptly and faithfully protect the COUNTY against any improvements and maintain said improvements for a period of two (2) years from JANUARY 28 .20-00 Then this obligation shall be null and void, othexwise it shall remain in full force and effect. . The Department of Envirorunental Services shall notifY the PRINCIPAL in writing of any defect for which the PRINCIPAL is responsible and shall specify in said notice a reasonable period of time within which PRINCIPAL shall have to correct said defect. The SURETY unconditionally covenants and agrees that if the PRINCIP At fails to perform, within the time specified, the SURETY, upon 30 days written notice from COUNTY, or its authorized agent or officer, of the default will forthwith correct such defect or defects and pay the cost thereof, including, but not limited to engineering, legal and contingent cost. Should the SURETY fail or refuse to correct said defects, the COUNTY, in view of the public interest, health, safety, welfare and factors involved, and the consideration in approving and filing the said plat shall have the right to resort to any and all legal remedies against the PRINCIPAL and SURETY and either, both at law and in equity, including specifically, specific performance to which the PRINCIPAL and SURETY unconditionally agree. The PRlNClP AI.. and SURETY further jointly and severally agree that the COUNTY at its option, shall have the right to correct said defects resulting from faulty materials or workmanship, or, pursuant to public advertisement and receipt of bids, caused to be corrected any defects or said defects in case the PR.I:NCIP AL shall fail or refuse to do so, and in the eVent the COUNTY should exercise and give effect to such right, the PRlNCIP AL and the SURETY shall be jointly and severally hereunder to reimburse the COUNTY the total cost thereof, including, but not limited to, engineering, legal and contingent cost, together with any damages either direct or consequent which may be sustained on account of the failure of the PRINCIPAL-to correct said defects. ..... IN WITNESS WHEREOF, the PRINCIPAL and the SURETY have executed these presents this 28TH day of JANUARY , I~X 20QO Address: 385 Douglas Ave Altamonte Springs, FL 32714 CENTEX HOMES, a Nevada General Partnership (SEAL) PRlNCIP AL BY:~ [J, '{)L (If a corporatIon) Its:.l)e Ve Lc /h., e ,J T fYl Ct IV Q. ~J e I- ATTEST: Its: Address: (If a corporation) SAFECO INSURANCE C PANY OF AMERICA (SEAL) SAFECO PLAZA SEATTLE, WA 98185 By: ATTEST: m ..S A FEe 0* POWER OF A TIORNEY SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PlAZA SEAffiE. WASHINGTON 98185 No. 7386 KHOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint ............LAWRENCEW. WALDIE;CARMEN MIMS; ALL YSON DEAN; BRIAN M. LEBOW; DEBBIE L. GRIFFITH; DOROTHY VALEK; Dallas, Texas............. Its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar charade I Issued in lhe course of its business, and to bind the respedive company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested lhese presents this 13th day of July , 1999 JiR d.-e?~ 'l1 {k.M~ R.A, PIERSON, SECRETARY W. RANDALL STODDARD, PRESIDENT CERTIFICATE Extract from the By-lawsof SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: -Attide V, Section 13. - FIDELITY AND SURElY BONDS ... the President, any VICe President, the Seaetary, and any Assistant VICe President appointed for lhat purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys-in-fact or under other appropriate titles with authority to execde on behalf of the company fideflty and surety bonds and other documents of similar character issued by the company In the course of its business... On any Insb1.meot making or evidendng. such appointment, lhe signatures may be affIXed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affIXed or in any other manner reproduced: provided, however, that the seal shall not be necessary to the vafldity of any such instrument or undertaking." Extradfrom a Resolution of lhe Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. -on 8t'tf oettificate executed by the Secretary or an assistant secretary of the Company setting out, (l) The provisions of Artide V, Section 13 of the By-laws, and (i) A copy of the powoer~-attomey appointment, executed pursuant thereto, and (Ii) Certifying that said powoer~-attorney appointment Is In full force and effect, the clgnature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereat- .. RA Pierson. Se<:retuY of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the i.-egolllg extracts of the By-laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney Issued pursuant thereto, are true and coned. end that both the By-laws. the Resolution and the Power of Attorney are still In full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corp<Xation this 2lo~ day of Q (J frUA. il:. < \, r ' ijJ{):J ~d.E?~ RA PIERSON, SECRETARY S-097.c1SAEf 7198 ~ R~lstered lnl<lemar1< of SAFECO eocpOcalloo 7(13199 por ~ 's A' FEe O. ~~ SURETY RIDER MILLENNIUM CORPORATE PARK BLDG. C 18400 NE UNION HILL ROAD REDMOND. WA 98052 To be attached to and form a part of Bond No. 6013859-1 Type of Bond: Maintenance Bond for Water and Sewer Facilities dated effective 01/28/2000 (MONTH-DAY-YEAR) executed by CENTEX HOMES (PRINCIPAL) ,as Principal, and by SAFECO INSURANCE COMPANY OF AMERICA ,as Surety, in favor of CITY OF WINTER SPRINGS, CITY ENGlNfER, WINTER SPRINGS, FLORIDA (OBLIGEE) in consideration of the mutual agreements herein contained the Principal and the Surety hereby consent to changing the Bond to reflect that it is effective February 14,2000 and it will remain in full force and effect for a period of two (2) years from February 14,2000. Nothing herein contained shall vary, alter or extend any provision or condition of this bond except as herein expressly stated. This rider is effective o 1/28/2000 (MONTH-DAY-YEAR) Signed and Sealed 02/03/2000 (MONTH-DAY-YEAR) CENTEX HOMES ~PRINCIPAL) '~ By' 0.. U . (PRINCIPAL) :r 0 h . 0 ])0 jYI By: Countersigned S-0443/SAEF 19/99 @ Registered trademark of SAFECO Corporation. -'-' - ~ S A FEe 0- POWER OF ATTORNEY SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PlAZA SEATTLE, WASHINGTON 96165 No. 7386 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint ............LA WRENCEW. WALDlE;CARMEN MIMS; ALL YSON DEAN; BRIAN M. LEBOW; DEBBIE L. GRIFFITH;DOROTHY V ALEK;Dallas, Texas............. its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar charadel issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 13th day of July , 1999 .2J? t:1.-e? ~ (U~~ R.A, PIERSON, SECRETARY W. RANDALL STODDARD, PRESIDENT CERTIFICATE Extract from the By-laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: . -Article V, Section 13. _ FIDELITY AND SURETY BONDS ... the President, any VICe President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any Instrument making or evidendng such appointment, the signatures may be atrlXed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or atrlXed or in any other manner reprodUced; provided, however, that the seal shall not be necessary to the vartdity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA . and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "'On any certificate executed by the Secretary or an assistant secretary of the Company setting out. (i) The provisions of Article V, Section 13 of the By-L.aws, and (ii) A copy of the power-of-attomey appointment. executed pursuant thereto, and (iii) Certifying that said power~f-attomey appointment Is In full force and etrect. the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." .. RA. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA. do hereby certify that the b'egolng extracts of the By-Laws and of a Resolution of the Board of Directors of these colpOl'3tions, and of a Power of Attomey Issued pursuant thereto, are true and CIOfI'eGt. and that both the By-Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, t have hereunto set rrrJ hand and affixed the facsimile seal of said corporation this 3rd day of Febrllilry , 2000 ~ t:1.-e?~ R.A. PIERSON, SECRETARY s-0974/SAEF7f96 ~ R~lstere<l trademarlc: of SAFECO C<xporalioo. 7/13/99 PDf ~ S A FEe O' rr~ SURETY RIDER MILLENNIUM CORPORATE PARK BLDG. C 18400 NE UNION HILL ROAD REDMOND, WA 98052 To be attached to and form a part of Bond No. 6013859-1 Type of Bond: Maintenance Bond for Water and Sewer Facilities dated effective 01/28/2000 (MONTH-DAY-YEAR) executed by CENTEX HOMES (PRINCIPAL) ,as Principal, and by SAFECO INSURANCE COMPANY OF AMERICA ,as Surety, in favor of CITY OF WINTR SPRINGS, CITY ENGlNEFR, WINTER SPRINGS, FLORIDA (OBLIGEE) in consideration of the mutual agreements herein contained the Principal and the Surety hereby consent to changing the Bond to reflect that it is effective February 28, 2000 and it will remain in full force and effect for a period of two (2) years from February 28, 2000. Nothing herein contained shall vary, alter or extend any provision or condition of this bond except as herein expressly stated. This rider is effective 01/28/2000 (MONTH-DAY-YEAR) Signed and Sealed 02/15/2000 (MONTH-DAY-YEAR) CENTEX HOMES (PRINCIPAL) v0/~ By: Countersigned: S.0443/SAEF 19/99 @ Registered trademark of SAFECO Corporation. ~ S A FEe 0- POVVER OF ATTORNEY SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PlAZA SEATTlE. WASHINGTON 98185 No. 7386 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint ............LA WRENCEW. WALDIE;CARMEN MIMS; ALL YSON DEAN; BRIAN M. LEBOW; DEBBIE L. GRIFFITH;DOROTHY VALEK; Dallas, Texas............. Its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar charader Issued.in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 13th day of July , 1999 -eRd.2?~ Il:1 fkM~ R.A, PIERSON, SECRETARY W. RANDALL STODDARD, PRESIDENT CERTIFICATE Extract from the By-Laws of SAF,ECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: . -Attide V, Section 13. _ FIDEUlY AND SURElY BONDS ...the President, any VICe President, the Seaetary, and any Assistant VICe President appointed for thaI purpose by the officer in charge of surety operations. shaU each have authority to appoint individuals as attomeys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any Instrument making or evidencing such appointment, the signatures may be affIXed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affIXed or in any other manner reproduced; provided, however, that the seal shall nol be nec:essary to the varKlity of any such instrument or undertaking ,- Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On ttrrI certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By-Laws. and (ii) A copy of the power-cl-attomey appointment, executed pursuant thereto, and (iii) Certifying that said power-<lf-attomey appointment Is in fun force and effuct, the signature of the certifying officer may be by facs&nl1e, and the seal of the Company may be a facs&nlle thereof.- .. RA Pierson. Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA. do hereby certify that the b'egolng extracts of the By-t.aws and of a Resolution of the Board of Directors of these 0Qt'P0C'36ons. and of a Power of Attorney Issued pursuant thereto, are true and correct. and that both the By-t.aws, the Resolution and the Power of Attorney are still In fun force and effect. IN WITNESS WHEREOF. I have hereunto set my hand and affixed the facs&nlle seal of said corporation this Isd day of <:f-//vu~ ,~OO(J . ~d...e?~ R.A. PIERSON, SECRETARY ~741SAEF TIIl8 ~ Registered lrademac1c or SAFECO CofpOfatioo 7113/119 POf CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS. FLORIDA 32708 Telephone (407) 327-1800 February 7, 2000 TO: Land Management Coordinator Donald LeBlanc FROM: City Engineer Alb Mark L. Jenkins, P.E. (j-- SUBJECT: Parkstone PUD Phases 1 and 2 - Maintenance Bond I am in receipt of the engineer's opinion of the costs of improvements for sanitary and water for the subject project. His estimate of cost of improvements is $514,035.00. Ten (10%) percent of this cost is $51,403.50. I recommend this amount be used for the two (2) - year maintenance bond. If you have any questions, please let me know. cc: Community Development Director vPublic Works/Utility Director CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708 Telephone (407) 327-1800 February 17, 2000 David M. Kelly, P.E. McIntosh & Associates, Inc. 2200 Park Avenue North Winter Park, FL 32789 RE: Parkstone PUD. Unit 1. Phases 1 & 2 - Aooroval of the As-built Enl!ineerinl!. Dear Mr. Kelly: The "as-built" engineering was received on January 31,2000, the engineer's certification on February 10, 2000 and the "as-built" inspection fee on February 15, 2000 for the above subject project. The review of these submittals and a site inspection and re- inspection found them in general conformance to the approved engineering plans and .: sound engineering practices. I recommend this project to the City Commission for final acceptance. If you have any questions, please give me a call at 407-327-1800 extension 315. Sincerely, / t/P11~ K~ Mark L. Jenkins, P.E. City Engineer , cc: Community Development Director Public Works / Utility Director /Land Development Coordinator Building Official David Kelly, P.E. Fax # (407) 644-4068 John Odom / Centex Fax # (407) 661- 4089 WINTER SPRINGS FIRE DEPARTMENT 102 NORTH MOSS ROAD WINTER SPRINGS, FLORIDA 32708 TELEPHONE (407) 327-2332 FAX (407) 327-_ L(7SD MEMORANDUM To: Donald LeBlanc, Land Management~pecialist ~~.. From: Timothy J, Lallathin, Fire Chief .-J~ t /~ Date: February 22, 20QO ',_ '. . - Subject: Parkstone"Unit 1, Developmeriflnspection . .r ..., ,,_.- -', ,'- An inspection of the above listed develop~meALQbC~rred"o'n:2/22/2000 with the following results. " . . 1 / ,-, 1. The fire hydrants hav~ been inspected and"ru~etCity~,r~quirement,s,. Inspection results are attached.: ., i , 2. The entrance gates'and the Emerg~ncy.vehicle Acce.ss\Control System HAS NOT been accepted or inspected as ofthis date.<lt! should be' noted, that! City Ordinance No. 628 (copy attaqhed) states ';(~) Newcql1linunities, must come Into compliance with this requirement before any-G'ertifica.tes"ofOccupancy for(that pommunity will be issued by the City.'" , · , . . I No additional comments are offered .at this time; . an'dar};additiohal inspection will be required for additional development Unit aCCeptance;and acceptance requirements of the security entrance gates. cc: Building Department Engineering Kipton Lockcuff, Utility Director, David O'Brien, Deputy Fire Chief Attachments: 2 ORDINANCE NO. 628 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, MffiNDING SECTION 9-157. PRIVATE STREETS, CHAPTER 9 OF THE CODE OF ORDINANCES, CITY OF WINTER SPRINGS, FLORIDA, PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. WHEREAS, the City Commission of the City of Winter Springs, Florida, has determined that the following amendment to the Code of Ordinances is in the best interest of the health, welfare and safety of the citizens of the City of Winter Springs, Florida. NOW ~REFORE, THE CITY CONfM1SSION OF THE CITY OF WINTER SPRINGS, FLORIDA, HEREBY ORDAINS; SECTION I - That the following Section be amended to read as follows: Sec. 9-157. Private streets. (a) A private street as a principle means of access to individually owned lots shall be prohibited unless appropriate deed restrictions are recorded and legally binding, permanent maintenance associations are formed. This requirement may not apply to the provision of roadways within shopping centers, industrial or wholly commercia) districts, apartment projects or townhouse projects and other developments under single ownership or commercial ownership. In such cases, the owner shall be responsible for the construction, maintenance and control of such private streets. Private streets shall meet design/construction and inspection standards established for public streets unless waived by specific council action. (b) All gated communities in the City of Winter Springs shall install on each access gate into the community an E.V.A.C. (Emergency Vehicle Access Control) system. The E.V.A.C. system shall be installed and maintained at the communities expense for the purpose of public safety admittance into their development. The E. V.A. C. system shall be in addition, and separate, from the gate opening system that is provided for the residents. The installation of the E.v.A.C. system shall be done with a vendor of the communities choice. (1) Each gated community shall also install at each access gate a keypad code entrance device. The keypad entrance code must be supplied to the Fire Department in writing upon installation, and written notice must be made when any changes are made to the code. (2) It shall be a requirement in the design of any gate that, in the event of a power failure to the gate, that all gates automatically go to the fully opened position. NOTE: Existing gated communities will not be required to comply with this requirement until such time as the existing gated community replaces the gate opening device. (3) Entrance and exit gates must allow a minimum of twelve (12) feet of roadway clearance when in the open position. (4) Existing gated communities shall have one hundred eighty (180) days after adoption of this policy to come into compliance with this requirement. (5) New communities must come into compliance with this requirement before any Certificates of Occupancy for that community will be issued by the City. SECTION II - If any section or portion of-a section of this ordinance proves to be invalid, unlawful or unconstitutional, it shall be held to invalidate or impair the validity, force or effect of any other section or portion of a section of this ordinance. SECTION III - That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION IV - This ordinance shall take effect immediately upon its passage and adoption. t:lJ PASSEDANDADOPT-EDTIIIS Jij-DAYOF {)~ ,1996. F. BUSH, MAYOR ATTEST; ~ ';t. '4-tJ41~ CITY CLERK FIRST READING Se.p.ternRffiL a3) 199 (0 POSTED g~ r+ ern. (?,Gl<- all J I q q ft, SECOND READING AND PUBLIC HEARING ~+08Gl2.. J L.I J 19<t ~ , MEMORANDUM TO: Land Development Coordinator mOM: Glenn Tolleson, Bureau Commander Investigations M- /' DATI: February 22, 2000 SU8J: PaJobtone Unit One improvements. I have no further comments at this time.