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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. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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