7/12/2017 11:20:00 AM
6/29/2017 9:09:16 AM
Agenda Item Number
State Filed Date
Installation in County right-of-way
utility poles/Advanced Wireless Infrastructure
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ORDINANCE NO. 2017- Q06 <br /> AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF <br /> INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 312.11 <br /> (PERFORMANCE SECURITY), SECTION 312.13 (TERMINATION OF USE OR <br /> REMOVAL OF OBJECT) AND SECTION 312.14 (PUBLIC PROTECTION AND <br /> LIABILITY) OF CHAPTER 312 (RIGHTS-OF-WAY) OF THE CODE OF INDIAN <br /> RIVER COUNTY, FLORIDA IN ORDER TO PROVIDE ADDITIONAL <br /> REQUIREMENTS FOR INSTALLATION IN COUNTY RIGHTS-OF-WAY; AND <br /> PROVIDING FOR CODIFICATION, SEVERABILITY, REPEAL OF <br /> CONFLICTING PROVISIONS, AND AN EFFECTIVE DATE. <br /> WHEREAS, per House Bill 687 (2017), local governments are allowed to adopt by <br /> ordinance provisions for insurance coverage, indemnification, performance bonds, security <br /> funds, force majeure, abandonment, authority liability, or authority warranties under the <br /> Advanced Wireless Infrastructure Deployment Act; and <br /> WHEREAS, installations under the Advanced Wireless Infrastructure Deployment Act <br /> must comply with applicable codes including objective design standards adopted by ordinance; <br /> and <br /> WHEREAS, the Indian River County Board of County Commissioners desires through <br /> this ordinance to adopt necessary ordinance provisions and objective design standards in order <br /> to ensure the protection of the health, safety and welfare of the public; <br /> NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY <br /> COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: <br /> Section 1. Enactment Authority. <br /> Article VIII, section 1 of the Florida Constitution and chapter 125, Florida Statutes vest broad <br /> home rule powers in counties to enact ordinances, not inconsistent with general or special law, <br /> for the purpose of protecting the public health, safety and welfare of the residents of the county. <br /> The Board specifically determines that the enactment of this ordinance is necessary to protect <br /> the health, safety and welfare of the residents of Indian River County. <br /> Section 2. Legislative Findings. <br /> The Board finds that the "Whereas" clauses above are true and correct, and hereby <br /> incorporates such clauses as the legislative findings of the Board. <br /> 1 <br />
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