§ 2.09 REFERENCE TO CITY MANAGER.

   When the Code requires an act to be performed by the City Manager that, by Law , may be performed by an agent or designee of the City , the requirement may be satisfied by the performance of such act by an agent or designee if authorized by the City Manager .

(Ord. 2010-08, passed 10-4-2010)

§ 2.10 ERRORS AND OMISSIONS.

   If an error is discovered, consisting of the misspelling of any words; the improper capitalization of defined terms; the omission of any word or words necessary to express the intention of the provisions affected; the use of a word or words to which no meaning can be attached; or the use of a word or words when another word or words was clearly intended to express such intent, then the City Manager and City Attorney jointly may correct such error, and the provisions shall have the same effect as though the correct words were contained in the text as originally published.

(Ord. 2010-08, passed 10-4-2010)

§ 2.11 TIME COMPUTATION.

   The time within which an act is to be done, as herein provided, shall be computed by excluding the first day and including the last. All time periods shall be based upon calendar days unless otherwise specified. If the last day of a time period falls on a Saturday, Sunday, or a legal holiday, the time period shall be extended to the next day that is not a Saturday, Sunday or legal holiday.

(Ord. 2010-08, passed 10-4-2010)

§ 2.12 REPEAL OR MODIFICATION OF ORDINANCES.

   2.12(A)   Whenever any ordinance or part of an ordinance shall be repealed or modified by a subsequent ordinance, the ordinance or part of an ordinance thus repealed or modified shall continue in force until the effective date of the ordinance repealing or modifying it, unless otherwise expressly provided.

   2.12(B)   When any ordinance repealing a former ordinance, clause, or provision shall be itself repealed, the repeal shall not be construed to revive the former ordinance, clause, or provision, unless it is expressly provided.

(Ord. 2010-08, passed 10-4-2010)

§ 2.13 SECTION HISTORIES; STATUTORY REFERENCES.

   As histories for the Code sections, the specific number and passage date of the original ordinance, and the amending ordinances, if any, are listed following the text of the Code section. However, in 2010, the Code was rewritten and codified, and section histories prior to 2010 are not listed in the Code Book. They are kept on file with the City Clerk.

      Example: (Ord. 10, passed 5-13-1960; Am. Ord. 15, passed 1-1-1970; Am. Ord. 20, passed 1-1-1980; Am. Ord. 25, passed 1-1-1985)

(Ord. 2010-08, passed 10-4-2010; Am. Ord. 2024-02, passed 4-1-2024)

§ 2.14 BONDS.

   2.14(A)   Bond Form. All bonds provided to the City shall be in a type and form acceptable to the City Manager and City Attorney , except as otherwise provided herein. The City shall pay no interest, earned or otherwise, on cash bonds during the time that the City holds them.

   2.14(A)(1)   Anytime a cash bond is required it shall be in the form of a cashier's check or money order. The City shall pay no interest, earned or otherwise, on cash bonds during the time that the City holds them.

   2.14(A)(2)   The surety company issuing the surety bond shall fulfill each of the following provisions, and the contractor shall provide evidence to document such fulfillment:

   2.14(A)(2)(a)   The surety company is licensed to do business in the State of Florida.

   2.14(A)(2)(b)   The surety company holds a valid certificate of authority, authorizing it to write surety bonds in the State of Florida.

   2.14(A)(2)(c)   The surety company has twice the minimum surplus and capital required by the Florida Insurance Code at the time the Agreement is executed.

   2.14(A)(2)(d)   The surety company is otherwise in compliance with the provisions of the Florida Insurance Code.

   2.14(A)(2)(e)   The surety company holds a valid certificate of authority issued by the United States Department of the Treasury under 31 U.S.C. § 9304-9308.

   2.14(A)(2)(f)   The bond shall contain all provisions required by F.S. § 255.05.

   2.14(A)(2)(g)   The bond shall be issued by a Florida resident agent.

   2.14(A)(2)(h)   A surety bond shall be executed by a surety company of recognized standing having been in business with a record of successful continuous operation for at least five years.

   2.14(A)(2)(i)   The surety company shall meet a minimum financial rating by AM Best Company of no less than "A- Excellent: FSC VII" and shall have at least a minimum policyholders rating of A-Class VII or higher. In the event that the surety company's rating shall drop, the surety company shall immediately notify the City .

   2.14(A)(2)(j)   All surety companies are subject to review and approval by the City and may be rejected without cause. All bonds signed by an agency shall be accompanied by a certificate of authority to act.

   2.14(B)   Letter of Credit. Anytime a cash bond is required, an entity that is exempt under the Internal Revenue Code, 26 USC Sec. 501(c)(3) may petition the City Manager to utilize a letter of credit in lieu of a cash bond. The bank issuing the letter of credit shall meet the following criteria:

   2.14(B)(1)   Be a Federal or Florida chartered bank with a principal branch office located within the legal boundaries of the City .

   2.14(B)(2)   Be a member of the Federal Reserve System.

   2.14(B)(3)   Be insured by the FDIC.

   2.14(B)(4)   Be a “Qualified Public Depository” in conformance with the Florida Security for Public Deposits Act (Chapter 280 F.S.).

   2.14(B)(5)   Have total assets exceeding $50 billion.

   2.14(C)   Governmental Entities. The City Manager shall have the power to waive any bond requirements for governmental entities.

(Ord. 2010-08, passed 10-4-2010; Am. Ord. 2014-09, passed 3-17-2014; Am. Ord. 2024-02, passed 4- 1-2024)

§ 2.15 PERMIT, LICENSE AND APPROVAL LIMITATIONS.

   2.15(A)   Limitations. The issuance or granting of a permit, license or approval shall not be deemed or construed as an approval of a violation of any of the provisions of the City Code . No permit, license or approval presuming to give the authority to violate or cancel the provisions of these regulations shall be valid unless supported by a variance. Nor shall such permit, license or approval prevent the enforcing Officer from thereafter requiring the correction of errors in said plans and specifications or from preventing Building operations being carried on thereunder when in violation of these regulations.

   2.15(B)   Suspension and revocation. The City Manager may suspend or revoke, in writing, a permit, license or approval issued under provisions of this Code , whenever the permit, license or approval is issued on the basis of a misstatement of fact or fraud. The holder of any permit, license or approval that is issued on the basis of a misstatement of fact or fraud may not rely upon such issuance and may not assert any claim of estoppel based thereon. The written suspension or revocation shall describe the appeal process. The notice of the suspension or revocation shall be sent by certified mail, return receipt requested. Any Person having an interest in the permit, license or approval may appeal the suspension or revocation to the City Commission , by filing a written notice of appeal with the City Clerk within 15 days after receipt of the written notice of suspension or revocation.

(Ord. 2010-08, passed 10-4-2010; Am. Ord. 2024-02, passed 4-1-2024)