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ORDINANCE 2013- 004 <br />Section 1. Findinus. <br />The Board finds that the above "Whereas" clauses are true and correct, and hereby <br />incorporates such clauses as the findings of the Board. <br />Section 2. Addition of Part III, Section 312.21 of the Code. <br />PART III, Section 312.21 is hereby added to the Code of Indian River County, as follows <br />(new language underlined): <br />PART III. REQUIREMENT OF FRANCHISE FOR NATURAL GAS UTILITY <br />Section 312.21. Requirement of Franchise. <br />After July 1 2013 it shall be unlawful for any_person or entity owning or operating natural gas <br />facilities to utilize the present and future roads, streets, alleys, bridges, easements, rights-of-way <br />and other public places (collectively, "public rights-of-way") of the County to sell, transport, <br />deliver or distribute natural gas to users in the unincorporated County, unless authorized to do so <br />by a franchise granted by the County. Any agreement granting a natural gas franchise shall be <br />entered into only after a duly noticed public hearing. The agreement shall address, at a <br />minimum the term of the franchise the franchise territory, whether the franchise is exclusive or <br />non-exclusive andpayment of the franchise fee and shall require that the franchisee (a) prevent <br />the creation of obstructions or conditions dangerous to the traveling_ public, (b) repair any <br />damage to the public rights-of-way resulting- from the exercise of franchise rights, (c) hold the <br />County, and its commissioners officers, employees and agents, harmless from any claims or <br />damages resulting from the exercise of franchise rights, and (d) remove or relocate any pipelines <br />or other components of the natural gas facilities at no cost to the County in the event of the <br />widening repair or reconstruction of the public rights-of-way, in addition to such other <br />provisions which are determined to be reasonably necessary for the protection of the Coupty and <br />the public. <br />Each person or entity granted a franchise hereunder shall pay to the County a franchise fee equal <br />to six percent (6%) of the gross revenues derived from the sale of natural gas services. The <br />franchise fee shall be shown as a separate line item on customer bills, and shall be remitted <br />monthly by the franchisee to the County. <br />For the purposes of this section the term "natural gas" shall mean either natural gas in a gaseous <br />state unmixed or a mixture of natural and artificial gas; and the term "natural gas facilities" shall <br />mean works and structures necessary for the supply and distribution of natural gas for domestic, <br />commercial or industrial use and shall include but not be limited to, distribution mains, <br />pipelines meters plants equipment machinery and other property necessary for the supply and <br />distribution of natural gas. <br />Section 3. Severability. <br />If any part of this ordinance is held to be invalid or unconstitutional by a court of <br />competent jurisdiction, the remainder of this ordinance shall not be affected by such holding and <br />shall remain in full force and effect. <br />