Ordinance 12-15 – Approved

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[ Code of Ordinances ]
Ordinance 12-15 – Approved

ORDINANCE NO. 12-15

AN EMERGENCY ORDINANCE OF THE TOWN OF INDIALANTIC, BREVARD COUNTY, FLORIDA PROVIDING FOR THE LOCATION OF A CELL ON WHEELS AT THE INDIALANTIC CENTER WITHIN THE TOWN OF INDIALANTIC; MAKING FINDINGS; PROVIDING FOR AN EFFECTIVE DATE AND PROVIDING FOR A DATE FOR REPEAL

WHEREAS, there is an AT&T cellular communications antenna situated on the City of Melbourne, Florida water tower located on S. Palm Avenue; and

WHEREAS, the City of Melbourne has determined to remove the water tower; and

WHEREAS, the City of Melbourne has directed that all antennas situated on the City’s water tower be removed by the end of August, 2012; and

WHEREAS, AT&T officials are working toward relocating a cellular communications antenna at a different location which should be operational within six to nine months; and

WHEREAS, AT&T officials have indicated that absent some suitable temporary arrangement between the end of August, 2012, and when the new cellular communications antenna are operational individuals, businesses, governments, and organizations that utilize AT&T cellular service will be without or have a significantly reduced service; and

WHEREAS, the Town of Indialantic desires that AT&T cellular communications subscribers be able to contact 9-1-1 when an emergency arises; and

WHEREAS, the Town of Indialantic Police Department utilizes AT&T cellular communications service for the mobile data terminals in each of the Town’s police vehicles which enables the police officer to run vehicle tags, run drivers licenses, run names to determine if a person has an active warrant, identify individuals through the availability of a picture, receive BOLOs (Be On the Look Out), initiate BOLOs, receive Amber Alerts, receive Silver Alerts, communicate directly with sworn officers from certain other municipalities and the Brevard County Sheriff’s Department; and

WHEREAS, the Indialantic Town Council finds that the continued provisions of cellular communications is critical to the public health, safety, and welfare of the residents, employees, businesses, and visitors in the Town of Indialantic.

NOW THEREFORE BE IT ENACTED by the Town Council of the Town of Indialantic, Brevard County, Florida, that:

SECTION 1. The foregoing “Whereas” clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption.

SECTION 2. The Town Manager, or his designee, is authorized to permit the location of a cell-on-wheels, commonly referred to as a “COW” and also referred to as a cellular-on-light-truck or “COLT”, which consists of a truck with a van body that has a telescoping mast that extends up to sixty (60) feet on Lots 1 to 6 and the North ½ of the vacated road South of Block 3 and the East ½ of vacated Powell Street on the West, Resubdivision of Maggie Johnson’s Plat of Melbourne Beach according to the plat thereof as recorded in Plat Book 9, Page 10, Public Records of Brevard County.

SECTION 3. The “COW” will be parked within a fenced enclosure on the aforementioned property.

SECTION 4. The “COW” and any fence that surrounds the “COW” must be removed from the aforementioned property no later than six months from the effective date of this Ordinance.

SECTION 5. This Ordinance is repealed effective six months from the effective date.

SECTION 6. This Ordinance is being passed on an emergency basis pursuant to Florida Statutes.

SECTION 7. This Ordinance shall become effective upon adoption by the Town Council.

PASSED AND ADOPTED AS AN EMERGENCY ORDINANCE by the Town Council of the Town of Indialantic on the _____day of _____________, 2012 after the appropriate public hearing.

TOWN OF INDIALANTIC

David Berkman
Mayor

ATTEST:
Laura Eaton, CMC
Town Clerk