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ORDINANCE 18-1485 <br />AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF <br />CASSELBERRY, FLORIDA, RELATING TO COMMUNICATION <br />FACILITIES; AMENDING CHAPTER 68, "ROADWAY AND UTILITY <br />CONSTRUCTION" OF THE CITY CODE OF ORDINANCES, BY <br />AMENDING ARTICLE II, "CONSTRUCTION AFFECTING STREETS, <br />RIGHTS-OF-WAY OR EASEMENTS" TO CLARIFY AND UPDATE <br />RIGHTS-OF-WAY UTILIZATION AND PERMIT REQUIREMENTS, AND <br />BY AMENDING ARTICLE IV, "COMMUNICATIONS RIGHTS-OF- <br />WAY", ESTABLISHING NEW REGULATIONS FOR WIRELESS <br />COMMUNICATION FACILITIES AND AMENDING GENERAL <br />CRITERIA FOR COMMUNICATION FACILITIES; PROVIDING FOR <br />CODIFICATION, CONFLICTS, SEVERABILITY, AND AN EFFECTIVE <br />DATE. <br />WHEREAS, the Florida Legislature has adopted, and on June 23, 2017, the Governor <br />signed into law, effective July 1, 2017, the Advanced Wireless Infrastructure Deployment Act (the <br />"Act") codified at Section 337.401(7), Florida Statutes, which places certain limitations on local <br />government authority to regulate the collocation of small wireless facilities within the public <br />rights-of-way; and <br />WHEREAS, the Act authorizes cities to adopt objective design standards that may require <br />small wireless facilities and wireless support structures in the public rights-of-way to meet <br />reasonable location context, color, stealth, and concealment requirements, and spacing and <br />location requirements for ground -mounted equipment; and <br />WHEREAS, the Act authorizes cities to adopt by ordinance reasonable and non- <br />discriminatory provisions for insurance coverage, indemnification, performance bonds, security <br />funds, force majeure, abandonment, municipal liability, municipal warranties, and other <br />requirements with respect to wireless facilities in the public rights-of-way; and <br />Page I of 52 <br />