695-98 Public Gas Franchise - Laserfiche WebLink

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OR BK 3965 PG 3622 7 of 8 . be deemed to have forfeited and annulled and shall thereby forfeit and annul all of the said franchise grants, privileges, rights, licenses, and immunities given by this franchise. SECTION 14: Attorney's Fees and Expenses Except as otherwise provided for herein, Grantor and Grantee hereto agree that if litigation becomes necessary to enforce any of the obligations, terms and conditions of this Franchise, the prevailing party shall be entitled to recover a reasonable amount of attorney's fees and court costs, including fees and costs on appeal, froihi the non-prevailing party. SECTION 15: Governing Law and Venue (a)The rights and privileges granted to Grantee by this Franchise shall at all times be subordinate and inferior to the rights of the public in and to the ordinary use of Grantor's right-of-ways and nothing in this Franchise shall be considered as a surrender by Grantor of its right and power to use and relocate the use of its right-of-ways. (b) The Franchise and rights herein granted are subject to the provisions of existing Federal laws and the laws of the state of Florida and those hereafter enacted pertaining to the granting of franchises. - - __ (c)Venue. In the event that any legal proceeding is tit-ought to entorce'the terms of this Franchise, the same shall be brought in Dade City, Pasco County,Florida, or, if a federal claim, in the U.S. District Court in and for the Middle District of Florida, Tampa Division. ECIION1 d: Ownges in Provisions hereof - - -— Changes in the terms and conditions hereof may be made by written agreement between the City and the Grantee. SECTION 17: Conflicts All ordinances or parts of ordinances pertaining tothe subject matter of this Franchise, insofar as they are inconsistent with or in conflict with the provisions of this Ordinance, be and the same are hereby repealed. SECTION 18: Severability If any section, part of section, paragraph, sentence, or clause of this Ordinance shall be adjudged by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of any other portion hereof, but shall be restricted and limited in its operation and effect to that specific portion hereof involved in the controversy in which such decision shall have been rendered. SECTION 19: Effective Date This Ordinance shall become effective immediately upon its passage and adoption,provided the Grantee shall have signified its acceptance of the franchise hereby granted, in writing,within thirty(30) days from the date this Ordinance is duly adopted, the Grantee's acceptance of said franchise being a condition precedent to the effectiveness of the provisions of this Ordinance.