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ORDINANCE NO. 2022 - <br />AN ORDINANCE OF THE BOARD OF COUNTY <br />COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA <br />AMENDING SECTION 312.11 (PERFORMANCE <br />SECURITY) OF CHAPTER 312 (RIGHTS-OF-WAY) OF THE <br />CODE OF INDIAN RIVER COUNTY, TO MODIFY THE <br />TYPES OF ALLOWABLE PERFORMANCE SECURITY; <br />PROVIDING FOR CODIFICATION, CONFLICT, <br />SEVERABILITY, AND AN EFFECTIVE DATE. <br />WHEREAS, the Indian River County Board of County Commissioners adopted <br />Chapter 312 of the Code of Ordinances of Indian River County on October 15, 1991, <br />establishing the Indian River County Rights -Of -Way; and <br />WHEREAS, as part of the requirements for work to be completed in the County <br />Rights -Of -Way, performance security is needed; and <br />WHEREAS, Chapter Section 312.11 allows for cash or security bond to be used <br />as security for work in the County's rights-of-way; and <br />WHEREAS, including Letters of Credit as a secondary form of security would be <br />beneficial, as it is a much easier form of security for the County to handle should the need <br />arise, <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 <br />broad home rule powers in counties to enact ordinances, not inconsistent with general or <br />special law, for the purpose of protecting the public health, safety and welfare of the <br />residents of the county. The Indian River County Board of County Commissioners <br />specifically determines that the enactment of this ordinance is necessary to protect the <br />health, safety and welfare of the residents of Indian River County. <br />Section 2. Amendment of Section 312.11 (Performance Security) of Chapter 312 <br />(Rights -Of -Way) of the Code of Indian River County Florida. <br />New language indicated by underline, and deleted language indicated by strikethrough. <br />Section 312.11 (Performance Security) of Chapter 312 (Rights -Of -Way) of the Code of <br />Indian River County, Florida is hereby amended to read as follows: <br />WE <br />