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- 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 stri-kethroug-h. <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 riqht-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 />
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