HomeMy WebLinkAbout2013-004ORDINANCE 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:
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ORDINANCE 2013- 004
Section 1. Findinus.
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 July 1 2013 it shall be unlawful for any_person or entity owning or operating natural gas
facilities to utilize the present and future roads, streets, alleys, bridges, easements, rights-of-way
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. Any agreement granting 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 andpayment 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 any 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 Coupty 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 natural gas in a gaseous
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.
ORDINANCE 2013- 004
Section 4. Codification.
It is the intention of the Board of County Commissioners that the provision of this
ordinance shall become and be made part of the Indian River County Code, and that the sections
of this ordinance may be renumbered or re -lettered and the word ordinance may be changed to
section, article or such other appropriate word or phrase in order to accomplish such intention.
Section 5. Effective Date.
This ordinance shall become effective upon enactment by the Board of County
Commissioners and filing with the Department of State.
This ordinance was advertised in the Vero Beach Press Journal, on the 2_ day of
April , 2013, for a public hearing to be held on the 7th day of May , 2013,
at which time it was moved for adoption by Commissioner Davis , seconded by
Commissioner o' Bryan , and adopted by the following vote:
Chairman Joseph E. Flescher Aye
Vice Chairman Wesley S. Davis Ave
Commissioner Peter D. O'Bryan Ave
Commissioner Bob Solari Ave
Commissioner Tim Zorc Aye
The Chairman thereupon declared the ordinance duly passed and adopted this 7th day
of May , 2013.
ATTEST: Jeffiey R. Smith, Clerk of C rt
and Com Her
By!�
Deputy Cleric
BOARD OF COUNTY COMMIS y:
INDIAN RIVER COUNTY, FLQ0-,
B`
v .
r - ,
oseph E. Flescher, Chair•
Approved as to form and legal sufti6iendS?"'
Alin S. Polackwich, Sr., County Attorney
EFFECTIVE DATE: This ordinance was filed with the Department of State on the day of
, 2013.
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