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ORDINANCE NO. 2017- 006 <br />Section 3. Amendment of Section 312.11 (Performance Security), Section 312.13 <br />(Termination of Use or Removal of Object) and Section 312.14 (Public Protection and <br />Liability) of Chapter 312 (Rights -Of -Way). <br />New language indicated by underline, and deleted language indicated by stFikethmu . <br />Section 312.11 (Performance Security), Section 312.13 (Termination of Use and Removal of <br />Object) and Section 312.14 (Public Protection and Liability) of Chapter 312 (Rights -Of -Way) of <br />the Code of Indian River County, Florida is hereby amended to read as follows: <br />CHAPTER 312. RIGHTS -Of -WAY <br />Section 312.11. Performance Security. <br />A. Security bond shall be posted to secure completion of all construction or installation <br />commenced, pursuant to a permit under this chapter, except for construction of <br />driveways not requiring a roadway modification, for utility placement by utility companies <br />having a valid franchise to operate in Indian River County, for drainage structures <br />serving single family residences located in ditches parallel to the roadway, and <br />pedestrian bikepath facilities. Security bond shall be posted in the amount of one <br />hundred fifteen (115) percent of the estimated costs of the proposed improvements in <br />the right-of-way. The estimate shall be prepared by an engineer registered in the State <br />of Florida to practice professional engineering. Upon completion and approval by the <br />public works director of all required improvements, ninety (90) percent of the posted <br />security will be released by the public works director. A ten (10) percent warranty <br />security will be held for an additional twelve (12) months, following which time, if all <br />improvements are free of defects due to faulty field engineering, workmanship, or <br />materials, this ten (10) percent security will be released by the public works director. <br />B. In lieu of the above security, the permittee may post in an escrow account one <br />hundred fifteen (115) percent of the estimated cost of the improvements in the right-of- <br />way. Partial release may be authorized (up to ninety (90) percent of the posted security) <br />as work is approved. The remaining ten (10) percent will be held for an additional twelve <br />(12) months, following such time, if all improvements are free of defects due to faulty <br />field engineering, workmanship or materials, this ten (10) percent of the security will be <br />released by the county public works director. <br />C. Any user placing or installing any structure or object on County utility poles or other <br />equipment or structures within the right-of-way shall ensure that, at least thirty (30) days <br />prior to the commencement of any work on County utility poles or equipment or <br />structures the user, provide the Public Works Director security, in the form of a letter of <br />2 <br />