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ORDINANCE 2013- oo4 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ADDING PART III, SECTION 312.21 OF THE CODE OF INDIAN RIVER COUNTY, REQUIRING A FRANCHISE TO CONSTRUCT, OPERATE AND MAINTAIN NATURAL GAS FACILITIES OVER, UNDER OR UPON THE PUBLIC RIGHTS - OF -WAYS OF INDIAN RIVER COUNTY; MAKING FINDINGS AND PROVIDING FOR SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, Indian River County is a political subdivision of the State of Florida with all powers necessary to carry on county government, as set forth generally in Article VIII, Section 1 of the Florida Constitution and Chapter 125, Florida Statutes, and specifically in Chapter 59-1380, Laws of Florida; and WHEREAS, the County finds that the development of a natural gas system in the unincorporated County has the potential of having great benefit and impact upon the residents of the County and further finds that the public health, safety and welfare can best be served by exercising regulatory powers which are vested in the County with respect to such system; and WHEREAS, the County finds it in the public interest to retain control over the use of public rights-of-way by providers of natural gas to promote planned and efficient use of limited right-of-way space, to protect the public investment in right-of-way property, to prevent interference with the public's use of such rights-of-way, and to promote aesthetic considerations important to the residents of Indian River County, and WHEREAS, the aforesaid rights-of-way are valuable public properties acquired and maintained by the County at great expense to the County's taxpayers, and the right to use the rights- of-way is a valuable property right without which natural gas utilities would be required to invest substantial capital in property and acquisition costs; and WHEREAS, the County desires to ensure that the County rights-of-way will be used and promptly restored to a safe and secure condition in such manner as to always protect the health, safety and welfare of the residents of the County; and WHEREAS, the requirement that natural gas utilities obtain a franchise and pay a reasonable franchise fee will place natural gas utilities on equal footing with other utilities and franchisees which utilize the County's public rights-of-way to construct, operate and maintain their utility or franchise systems, such as electric utilities, water and wastewater utilities, and solid waste collection franchisees, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA: 1