HomeMy WebLinkAbout683-98 Mandate Franchise to Use City ROW for Power/Electric 10111 ME Mil 11111 11111 11111 MUM 1111 1111
ORDINANCE NO.: 683 98009715
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ZEPHYRHILLS, FLORIDA, MANDATING
THAT ANY ENTITY UTILIZING ANY PORTION OF;:
THE RIGHT-OF-WAYS WITHIN THE CITY LIMITS.
FOR THE PURPOSE OF PROVIDING ELECTRICAL
OR POWER SERVICES WITHIN THE CITY LIMITS
MUST OBTAIN A FRANCHISE AWARD,FROM THE
CITY COUNCIL OF THE CITY OF ZEPHYRHILLS;
REQLIIRINO_THA_T ANY ELECTRICAL OR_POWER
FRANCHISE AWARDED BE APPROVED BY
ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ZEPHYRHILLS; PROVIDING FOR BASIC
PROVISIONS FOR ANY FRANCHISE AWARD;
PROVIDING FOR PENALTIES FOR VIOLATION;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,the City Council of the City of Zephyrhills has determined that it is
in the best interest of the citizens of the City of Zephyrhills to insure that all areas within
its limits are adequately provided with high quality and reliable electrical services; and
WHEREAS,the City Council of the City of Zephyrhills has determined that it is
in the best interest of the citizens of the City of Zephyrhills to require any entity utilizing
the public right-of-ways for the delivery and provision of electrical and power services
obtain an award of franchise from the City of Zephyrhills, which from time to time may
be reviewed and negotiated to establish the rights and obligations of the provider of
electricity within the boundaries of the City because of the overriding public health,
safety and welfare considerations attendant with the provision of this service; and
WHEREAS,the City Council of the City of Zephyrhills has determined that it is
in the best interest of the citizens of the City of Zephyrhills to retain control over the use
of right-of-ways by providers of electricity or other power services to insure against
interference with public convenience, to promote aesthetic considerations, to promote
planned and efficient use of limited right-of-way space, and to protect the public
investment of the right-of-way property; and
WHEREAS, the City Council of the City of Zephyrhills finds that an award of
franchise is the best means of insuring that the above described interests of the City be
promoted and protected.
NOW THEREFORE, be it ordained by the City Council of the City of
Zephyrhills, Florida, sitting in regular session, as follows: Rcpt: 21 1548 Rec: 15.00
DS: 0.00 IT: 0.00
SECTION 1-Definitions: 01/28/98 Dpty Clerk
a. Right-of-way For the purposes of this Ordinance the term "right-of-
way(s) shall include all alleyways and public easements which are under the jurisdiction
of the City of Zephyrhills. JED ' PASCO COUNTY CLERK
01/28/988/98 0303:17pm 1 of 3
OR BK Z3B72 PG Z43,B
Record and Return to: -
City Clerk's Office }`
5335 8th Street
Zephyrhills, FL 335406
❑RBK .38:722PG 399
of 3
b. Utilize the Right-of-Way For purposes of this Ordinance the term
"utilize the right-of-way", or any derivative thereof shall include any construction,
erection or installation within the right-of-way or under the right-of-way,'-as well as
suspension for installation over right-of-way. ;;,
SECTION 2-Franchise: Any entity which provides, or intends to provide
power services within the corporate limits of the City of-Zephyrhills by utilizing any
portion of the public right-of-ways within the City must obtain a franchise from the City
of Zephyrhills.
SECTION 3.-Franchise Provishns: Any franchise granted shall include but
not be limited to the following provisions:
a. Term of contract;
b. Amount and time of payment, as well as a franchise fee shall apply;
c. Rates and services;
d. Service quality;
e. Indemnification, liability, and insurance hold harmless clauses;
f. Revision and review of franchise;
g. Assignability/transferability;
h. Right to inspect franchise and audit books;
i. Basic contract use, including venue, controlling law, enforcement, notices,
severability, and affective date; +`
j. As well as such other terms and conditions which may be reasonably
necessary.
Each such franchise awarded shall be passed by Ordinance, be non-exclusive,
shall not Unreasonably-discriminate-against or-ill favor-of-other-franchisees-of-like -- - - —
services, and shall comply with all other applicable state or federal regulations.
SECTION 4-Violations-Fines: Any person or entity providing services within
the city limits of the City of Zephyrhills which violations any portion of this Ordinance
shall be determined to have committed a civil infraction punishable by a fine of Five
Hundred Dollars($500.00).Every day any violation of this Ordinance shall continue shall
constitute a separate offense. In addition to said fine, any violator shall also be liable to
the City of Zephyrhills for a franchise fee in the maximum amount allowable by law, and
said revenues shall bear interest at the maximum legal interest rate allowable by law.
SECTION 5-Severability: In the event any section, paragraph, subsection,
sentence, clause, phrase, or word of this ordinance shall for any reason be held
unconstitutional, invalid or ineffective, the same shall not repeal, nullify or in any way
affect any other section, paragraph, subsection, sentence, clause or portion of this
ordinance irrespective of any other section, paragraph, subsection, sentence, clause or
portion thereof.
SECTION 6-Effective Date: The Ordinance shall become effective and enforced
on theay of A.D., 199 �, upon second reading and
signing by the Mayor.
The foregoing Ordinance No.: V3 was read and passed on its first reading in
. . , ..,..
' OR BK .3a-72 PG 40.0
3 of 3
open and regular meeting by the City Council of the City of Zephyrhills, Florida, on this
/ - day" a ,
. 4k-ustiG.
.., A.D., 199.i..'' !al .......... . 4, .
/'/ ".
-1/4 ,'.. •.. I, -..
la 1 f/ MI % X •,'
\ \ I / %.1 .
, L. BRE
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`,...725, President of C. y Council
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AtteI ' ---(-46,:.
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I —city-CWLINDAP. 130AN
ThirOrming 0dinance No.: to 2,3 was read and passed on its second reading
in open and regular meeting by the City Council of the City of Zephyrhills, Florida, on
this ,:1.LA--day of c //yL4„4A ,A.D., 199 g- .
ir -ii_e___,.. ...:L.
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,,. .....•• ,..,, ALAN L. B IA
-'..,-4get,f4t,,.,.•..,..,,,,
President of ity Council
-- '''-'1,. \\,,-nf•it ....,.
Attest:--,gi A ' ,/ - •
-4- -7&,14,
Cl iic, LINDA D7BOAN CflT
6
The foregoing Ordinance No.: 4 g3 was approved by me this u-v-3/11--- day
of ./fa,lt-Lt..iA__ey A.D., 199 .
I
Ar..e, /4 ./.4 1 /
1 AMES A. BAILEY, Mayor