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ORDINANCE 2013- Section 1. Findings. The Board finds that the above "Whereas" clauses are true and correct, and hereby incorporates such clauses as the findings-of the Board. Section 2. Addition of Part III, Section 312.21 of the Code. PART III, Section 312.21 is hereby added to the Code of Indian River County, as follows (new language underlined): PART III. REQUIREMENT OF FRANCHISE FOR NATURAL GAS UTILITY Section 312.21. Requirement of Franchise. After , 2013, it shall be unlawful for M person or entity owning or operating natural gas facilities to utilize the present and future roads, streets, alleys, bridges, easements, rihtg s-of- �uay and other public places (collectively, "public rights-of way") of the County to sell, transport, deliver or distribute natural gas to users in the unincorporated County, unless authorized to do so by a franchise granted by the County. AU agreementrg anting a natural gas franchise shall be entered into only after a duly noticed public hearing. The agreement shall address, at a minimum, the term of the franchise, the franchise territory, whether the franchise is exclusive or non-exclusive, and payment of the franchise fee, and shall require that the franchisee (a) prevent the creation of obstructions or conditions dangerous to the traveling public, (b) repair any damage to the public rights-of-way resulting from the exercise of franchise rights, c) hold the County, and its commissioners, officers, employees and agents, harmless from any claims or damages resulting from the exercise of franchise rights, and d) remove or relocate M pipelines or other components of the natural gas facilities at no cost to the County in the event of the widening, repair or reconstruction of the public rights-of-way, in addition to such other provisions which are determined to be reasonably necessary for the protection of the County and the public. Each person or entity granted a franchise hereunder shall pay to the County a franchise fee equal to six percent 6%) of the gross revenues derived from the sale of natural gas services. The franchise fee shall be shown as a separate line item on customer bills, and shall be remitted monthly by the franchisee to the County. For the purposes of this section, the term "natural gas" shall mean either naturalag s in aash eous state unmixed or a mixture of natural and artificial gas, and the term "natural gas facilities" shall mean works and structures necessary for the supply and distribution of natural gas for domestic, commercial or industrial use and shall include but not be limited to distribution mains pipelines meters, plants, equipment, machinery and other property necessary for the supply and distribution of natural gas. Section 3. Severability. If any part of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall remain in full force and effect. 2 253