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❑RBK .38:722PG 399 <br /> of 3 <br /> b. Utilize the Right-of-Way For purposes of this Ordinance the term <br /> "utilize the right-of-way", or any derivative thereof shall include any construction, <br /> erection or installation within the right-of-way or under the right-of-way,'-as well as <br /> suspension for installation over right-of-way. ;;, <br /> SECTION 2-Franchise: Any entity which provides, or intends to provide <br /> power services within the corporate limits of the City of-Zephyrhills by utilizing any <br /> portion of the public right-of-ways within the City must obtain a franchise from the City <br /> of Zephyrhills. <br /> SECTION 3.-Franchise Provishns: Any franchise granted shall include but <br /> not be limited to the following provisions: <br /> a. Term of contract; <br /> b. Amount and time of payment, as well as a franchise fee shall apply; <br /> c. Rates and services; <br /> d. Service quality; <br /> e. Indemnification, liability, and insurance hold harmless clauses; <br /> f. Revision and review of franchise; <br /> g. Assignability/transferability; <br /> h. Right to inspect franchise and audit books; <br /> i. Basic contract use, including venue, controlling law, enforcement, notices, <br /> severability, and affective date; +` <br /> j. As well as such other terms and conditions which may be reasonably <br /> necessary. <br /> Each such franchise awarded shall be passed by Ordinance, be non-exclusive, <br /> shall not Unreasonably-discriminate-against or-ill favor-of-other-franchisees-of-like -- - - — <br /> services, and shall comply with all other applicable state or federal regulations. <br /> SECTION 4-Violations-Fines: Any person or entity providing services within <br /> the city limits of the City of Zephyrhills which violations any portion of this Ordinance <br /> shall be determined to have committed a civil infraction punishable by a fine of Five <br /> Hundred Dollars($500.00).Every day any violation of this Ordinance shall continue shall <br /> constitute a separate offense. In addition to said fine, any violator shall also be liable to <br /> the City of Zephyrhills for a franchise fee in the maximum amount allowable by law, and <br /> said revenues shall bear interest at the maximum legal interest rate allowable by law. <br /> SECTION 5-Severability: In the event any section, paragraph, subsection, <br /> sentence, clause, phrase, or word of this ordinance shall for any reason be held <br /> unconstitutional, invalid or ineffective, the same shall not repeal, nullify or in any way <br /> affect any other section, paragraph, subsection, sentence, clause or portion of this <br /> ordinance irrespective of any other section, paragraph, subsection, sentence, clause or <br /> portion thereof. <br /> SECTION 6-Effective Date: The Ordinance shall become effective and enforced <br /> on theay of A.D., 199 �, upon second reading and <br /> signing by the Mayor. <br /> The foregoing Ordinance No.: V3 was read and passed on its first reading in <br />