HomeMy WebLinkAbout2007-014ORDINANCE NO. 2007-014
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, AMENDING SECTION 913.10.2,
MAINTENANCE SECURITY, OF THE INDIAN RIVER
COUNTY CODE; PROVIDING FOR CODIFICATION;
PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, after hearing input concerning the inability of small
developers being able to obtain a surety bond with an A.M. Best rating of A+XI or
greater, the Board of County Commissioners has considered amending Section
913.10.2 of the Indian River County Code,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that Section 913.10.2,
Maintenance security, of the Indian River County Code is hereby amended as
follows:
SECTION 1.
Section 913.10.2, Maintenance security, is amended to read:
Section 913.10.2. Maintenance security.
(A) Prior to issuance of the certificate of completion for required
subdivision improvements, the developer shall execute an agreement
and developer and/or its contractor shall provide security guaranteeing
the required road and drainage improvements against all defects in
workmanship or materials, for the period of three (3) years from the
date of issuance of the certificate of completion. The three-year
maintenance period commences at the time the certificate of
completion is issued and not when the final lift of asphalt is applied in
the event a final lift of asphalt is secured by either an irrevocable letter
of credit or cash escrow rather than installed.
(B) The warranty and maintenance agreement shall be on a form provided
by the county attorney's office and shall be secured by an amount
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ORDINANCE NO. 2007- 014
equal to twenty-five (25) percent of the total actual cost of the
improvements covered. The security shall be either:
Cash and a cash deposit and escrow agreement governing
control and use thereof; or
2. An irrevocable letter of credit issued by a financial institution
authorized to conduct business within the state; or
3. A maintenance bond underwritten by a security insurer with an
A.M. Best's rating of A+VII ,or greater and authorized to
transact such business in this state.
The posted security shall expire, if at all, no earlier than ninety (90) days
following the end of the three-year guarantee period. Security for required road and
drainage improvements shall run to the benefit of Indian River County.
Upon receipt of a request to release maintenance security to a developer,
and within approximately thirty (30) to sixty (60) days prior to a county inspection of
required improvements scheduled at the end of the maintenance period, the county
shall notify subdivision residents of the request and inspection. Notice may be
provided by sign positing, mail, flyers, or advertisement.
At the end of the three-year period, the public works director may release the
security under the terms of the warranty and maintenance agreement which shall
require certified inspection reports under seal from the developer's engineer and a
determination from the county engineer that required road, drainage, and sidewalk
improvements meet applicable county performance standards.
SECTION 2. CODIFICATION.
It is the intention of the Board of County Commissioners that the
provision of this ordinance shall become and be made part of the Indian River
County Code, and that the sections of this ordinance may be renumbered or re -
lettered and the word ordinance may be changed to section, article or such other
appropriate word or phrase in order to accomplish such intention.
SECTION 3. SEVERABILITY
If any section, sentence, clause, or phrase of this ordinance is held to
be invalid or unconstitutional by any court of competent jurisdiction, then said
holding shall in no way affect the validity of the remaining portions of this ordinance.
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ORDINANCE NO. 2007- 014
SECTION 4. EFFECTIVE DATE
State. This ordinance shall take upon filing with the Florida Department of
This ordinance was advertised in the Vero Beach Press -Journal on
the 21 st day of May , 2007, for a public hearing to be held on the 5th day
Of ,I„np 2007, at which time it was moved for adoption by Commissioner
S. L. Bowden , seconded by Commissioner W. S. Davis
and adopted by
the following vote:
Chairman Gary C. Wheeler Aye
Commissioner Sandra L. Bowden Aye
Commissioner Wesley S. Davis Aye
Commissioner Joseph E. Flescher Aye
Commissioner Peter D. O'Bryan Aye
The Chairman thereupon declared the ordinance duly passed and
adopted this 5th day of June , 2007.
ATTEST: Jeffrey K. Barton, Clerk
BOARD OF COUNTY COMMISSION
INDIAN RIVER COUNTY, FLORIDA
By:
Gary C heeler, Chairman
Approved as to form and legal sufficiency:
Deputy Clerk By: L -C1"--7 /—z'Ke�V
William G. Collins II
County Attorney
Effective Date: This ordinance was filed with the Department of State on JXk
day of ZLkslE. 2007, and becomes effective
i a Z_L%, 2-0 G'7 _-
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