Ordinance No. 90-85-95 v ORDINANCE NO. 90-85-95
AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY
OF ATLANTIC BEACH, FLORIDA; AMENDING CHAPTER 24 ZON-
ING AND SUBDIVISION REGULATIONS TO CORRECT A CONFLICT
IN THE ORDINANCE DEFINING MAINTENANCE BONDS; REWRITING
THE SECTION OF THE ORDINANCE DEALING WITH MAINTENANCE
BONDS TO REDUCE THE NUMBER OF YEARS A MAINTENANCE BOND
IS REQUIRED; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC
BEACH, FLORIDA:
Section 1. Chapter 24, Article II, Section 24-17, relating to
bonds is hereby amended to read as follows:
CHAPTER 24
ZONING AND SUBDIVISION REGULATIONS
ARTICLE II - LANGUAGE AND DEFINITIONS
Section 24-17 - Definitions.
"Bond" shall mean any form of security including a cash deposit,
surety bond, cash deposit, surety bond, collateral, property or
instrument of credit in any amount in form satisfactory to the City
Commission. All bonds shall be approved by the City Commission wherever
a bond is required by this chapter.
(a) Maintenance Bond: Upon issuance of a certificate of
completion, or when required improvements are installed prior to
recording the plat, surety must be posted in the amount of -2-5% 100% of
the original engineer's estimate of the cost of improvements. The
condition of this obligation is such that the City will be protected
against any defects resulting from faulty materials and workmanship of
the aforesaid improvements for a period of twca one year.
Section 2. Chapter 24, Article IV, Subdivision Regulations,
Division 4, Section 24-233, is hereby amended to read as follows:
CHAPTER 24
ZONING AND SUBDIVISION REGULATIONS
ARTICLE IV - SUBDIVISION REGULATIONS
DIVISION 4 - ASSURANCE FOR COMPLETION AND MAINTENANCE OF IMPROVEMENTS
Section 24-233. Maintenance Security.
Where the City is requested to accept maintenance of public
improvements in the subdivision, a maintenance bond in the amount of 10%
100% of the construction cost of the improvements shall be filed with
the City. This bond shall provide that the City shall be indemnified if
the applicant does not replace or repair any public improvements which
are defective in materials or workmanship or which were not constructed
in compliance with the approved plans and specifications. The term of
the maintenance bond shall expire twe one year after acceptance for
maintenance by the City unless the City serves written notice to the
applicant that the improvments are defective in material, workmanship,
or were not constructed in compliance with the approved plans and
specifications within the twe one year.
Section 3. This ordinance shall take effect upon its adoption.
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Passed by the City Commission on First Reading August 26, 1985.
Passed by the City Commission on Second and Final Reading October 14, 1985.
Wil a S. Howell, Mayor, Presiding Officer
Approved as to Form
and Correctness:
aude L. Mullis, City Attorney
(SEAL)
ATTEST:
a)d,loc..Je_)
Adelaide R. Tucker CMC, City Clerk