3/28/2019 12:38:37 PM
10/5/2015 9:16:44 AM
Agenda Item Number
Florida City Gas FCG
Natural Gas Utilities Franchise Fee
Codified or Exempt
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ORDINANCE 2013- oo4 <br />AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF <br />INDIAN RIVER COUNTY, FLORIDA, ADDING PART III, SECTION <br />312.21 OF THE CODE OF INDIAN RIVER COUNTY, REQUIRING A <br />FRANCHISE TO CONSTRUCT, OPERATE AND MAINTAIN NATURAL <br />GAS FACILITIES OVER, UNDER OR UPON THE PUBLIC RIGHTS - <br />OF -WAYS OF INDIAN RIVER COUNTY; MAKING FINDINGS AND <br />PROVIDING FOR SEVERABILITY, CODIFICATION AND AN <br />EFFECTIVE DATE. <br />WHEREAS, Indian River County is a political subdivision of the State of Florida with <br />all powers necessary to carry on county government, as set forth generally in Article VIII, <br />Section 1 of the Florida Constitution and Chapter 125, Florida Statutes, and specifically in <br />Chapter 59-1380, Laws of Florida; and <br />WHEREAS, the County finds that the development of a natural gas system in the <br />unincorporated County has the potential of having great benefit and impact upon the residents of <br />the County and further finds that the public health, safety and welfare can best be served by <br />exercising regulatory powers which are vested in the County with respect to such system; and <br />WHEREAS, the County finds it in the public interest to retain control over the use of <br />public rights-of-way by providers of natural gas to promote planned and efficient use of limited <br />right-of-way space, to protect the public investment in right-of-way property, to prevent interference <br />with the public's use of such rights-of-way, and to promote aesthetic considerations important to the <br />residents of Indian River County, and <br />WHEREAS, the aforesaid rights-of-way are valuable public properties acquired and <br />maintained by the County at great expense to the County's taxpayers, and the right to use the rights- <br />of-way is a valuable property right without which natural gas utilities would be required to invest <br />substantial capital in property and acquisition costs; and <br />WHEREAS, the County desires to ensure that the County rights-of-way will be used and <br />promptly restored to a safe and secure condition in such manner as to always protect the health, <br />safety and welfare of the residents of the County; and <br />WHEREAS, the requirement that natural gas utilities obtain a franchise and pay a <br />reasonable franchise fee will place natural gas utilities on equal footing with other utilities and <br />franchisees which utilize the County's public rights-of-way to construct, operate and maintain <br />their utility or franchise systems, such as electric utilities, water and wastewater utilities, and <br />solid waste collection franchisees, <br />NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY <br />COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA: <br />1 <br />
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