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ORDINANCE NO. 2017- p06 <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 />