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HomeMy Public PortalAbout130_010_Ord 26B-2014, Second Reading road warranty MAYOR g CITY MANAGER Jason Buelterman5,, �Y Diane Schleicher CITY COUNCIL .trAlr CITY CLERK Wanda Doyle,Mayor Pro Tern 0=4 I Janet LeViner Barry Brown Rob Callahan CITY ATTORNEY Bill Garbett s Edward M.Hughes Monty Parks , ucx �` � 1 Paul Wolff CITY OF TYBEE ISLAND City Council Agenda Item Request Agenda Item Requests and supporting documentation must be submitted to the Clerk of Council by 4:00PM on the Thursday prior to the next scheduled Council meeting. If this form is received after the deadline, the item will be listed on the next scheduled agenda. Council Meeting Date for Request: October 9, 2014 Item: Second Reading Explanation: Text Amendment Ord. 26B-2014; Municipal Code Sec. 54-6, Road Warranty; City of Tybee Island, petitioner; consideration of requirements for street work Budget Line Item Number(if applicable): N/A Paper Work: Ai Attached* i Audio/Video Presentation** * Electronic submissions are requested but not required. Please email to jleviner @cityoftybee.org. ** Audio/video presentations must be submitted to the IT department at City Hall by 4:00PM on the Thursday prior to the scheduled meeting. Submitted by: Dianne Otto Phone /Email: (912) 472-50311 dotto@cityoftybee.org cityoftybee.org Comments: First Reading was on March 13, 2014. No action was taken. Revisions and review by the Infrastructure Committee were requested.Another First Reading was on September 18, 2014. Subsection (b) was changed from 4 years to 2 years. Date given to Clerk of Council: September 29, 2014 * * * P.O. Box 2749—403 Butler Avenue,Tybee Island, Georgia 31328-2749 *Certified (866) 786-4573—FAX (866) 786-5737 , City of , Ethics f www.rityoftybee.org -►������11-� PART II - CODE OF ORDINANCES Chapter 54-STREETS, SIDEWALKS AND OTHER PUBLIC PLACES ARTICLE I. IN GENERAL Sec. 54-6. Road warranty. (a) In connection with any work performed by contractors for the City of Tybee Island, the contractors shall warrant the performance, quality, and workmanship and the quality of all materials on any road project for a period of on-e two years after final acceptance by the city. The city may require letters of credit or bonds or cash, in an amount determined by the City, in order to secure the obligation under the warranty. (b) When contractors perform work a street cut for private entities or in subdivisions and it is intended that the city will accept-dedication--of-the road-and-of any road or right-of-way, the contractors shall warrant the performance, quality, and workmanship and the quality of all materials on any road project street cut for a period of two fotFF two years after final acceptance by the city. The city may require letters of credit or bonds or cash in order to secure the obligation under the warranty. A minimum road warranty of$6.00 $750 shall be required which may be increased for larger projects. 09/22/2014 Tybee island, Georgia,Code of Ordinances Page 1 ORDINANCE NO. 26-B-2014 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES PERTAINING TO SECTION 54-6 REGARDING ROAD WARRANTY FOR THE CITY OF TYBEE ISLAND, GEORGIA WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the citizens of Tybee Island, Georgia, and WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the Mayor and Council thereof, and WHEREAS, the governing authority desires to adopt ordinances under its police, zoning, and home rule powers, and WHEREAS, the City of Tybee Island so as to amend Section 54-6, road warranty, so as to clarify its terms; and NOW, THEREFORE, it is hereby ordained by the governing authority of the City of Tybee Island that Section 54-5 of the Code of Ordinances of the City of Tybee Island shall be amended. SECTION 1 Section 54-6 shall be amended so that hereafter it will read as follows: Sec. 54-6. Road warranty. (a) In connection with any work performed by contractors for the City of Tybee Island, the contractors shall warrant the performance, quality and workmanship and the quality of all materials on any road project for a period of two years after final acceptance by the city. The city may require letters of credit or bonds or cash, in an amount determined by the city, in order to secure the obligation under the warranty. (b) When contractors perform a street cut for private entities or in subdivisions of any road or right-of-way, the contractors shall warrant the performance, qualify and workmanship and the quality of all materials on any street cut for a period of two years after final acceptance by the city. The city may require letters of credit or bonds or cash in order to secure the obligation under the warranty. A minimum road warranty of$750 shall be required which may be increased for larger projects. SECTION 2 The sections, paragraphs, sentences, clauses and phrases of this ordinance are severable and, if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared illegal or invalid by the valid judgment or decree of any court of competent jurisdiction, such illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance. SECTION 3 All ordinances and parts of ordinances in conflict herewith are expressly repealed. SECTION 4 It is the intention of the governing body, and it is hereby ordained, that the provisions of this ordinance shall become effective and be made a part of the Code of Ordinances, City of Tybee Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such intention. SECTION 5 This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to the ordinances of the City. ADOPTED THIS DAY OF , 2014. MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: SECOND READING: ENACTED: Tybee/Ordinances/2014/26-2014 Sec 54-6 road warranty 03.04.14 Tybee/Ordinances/2014/26-B-2014 Sec 54-6 road warranty,chgd by council,09.22.14