PERMIT TO CONSTRUCT AND MAINTAIN A TWO-INCH GAS MAIN ON THAT PORTION OF STATE ROAD 15
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Application of
City of Clearwater Municipal Gas Department
for a Permit to Construct and Maintain a _"m~~,9-?:P.:,c;?,h-,,_tg,~~J.n,E~,~mn~~J.!:!-'mmmm'm'mmnnmnnm,,nm,hh,m,mn,,,
"m"'m""mhmmm'mmnmnn"nnn'mn"'mmmmm"n"'mm"m'm"m,mnmh'mmm,m,'mn_'_ h,m"hhm""nn,nn,.",mmmnnnline on that portion of State Road
N 0 .mn~'5. betwe en 'nnnnnnn9.'~~"~,!'~'~~!mmm"'m'n"'m"n"m",mm,'m' and m"m""mmm"'n~'~'~'gQ.nnh..nh.nmmm.mn"'mnm'n'mh"n'n,m"m
in the State of Florida, subject to the terms and provisions of resolutions adopted by the State Road
Department at its meetings of January 16th, 1925, April 2nd, 1926 and March 18th, 1938.
"m'nmm'm""'m.nn'm"'nmnhmhmmn'.hhnn'n.n..h"'........9.'~n~ynm?'f'm9.';!.n~.!.~'?:,!..'~'~.n',mnnmm.nh.mmmn,m,hm'nhnhnnnmh'mnmm' a corporation
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under the laws of the State of Florida, and having its principal place of business at.,h'hm'hQ.J,~,~,;r~,~"t~,r.
in said State, hereby makes application to the State Road Department of the State of Florida, for a
permit to construe t and maintain annnn~,!g,:::_..~,?,~Em,n(?,~~",),m,e.,?:,!?,nmJ],~?_,.?:.~"mn.."nnn.n".'mnn""mm"'mn"'mn"n"n"'m"m'mmnnn
,n__.h""wh,mnn__mm....n,mmn,hm,n,m,Jine on that portion of State Road NO.nJ5.mm, betweennnn,m.QJ.~.?:,!.',~'Y.~.!..~,r.n_._
and nnnmnnnn'~~T~,?'__m'mm""n"m"mn' in said State, and submits herewith plans and blue prints which are at-
tached hereto and made a part hereof which set out the proposed construction and maintenance of its
said line.
In the event that said permit shall be granted, the applicant agrees to accept the terms thereof with-
in twenty (20) days from the granting of said permit, and to commence actual construction in good faith
withjn sixty (60) days from the date of said permit. Applicant agrees that in the consideration of this
application such further information as may be required by the State Road Department will be prompt-
ly furnished.
Applicant declares that prior to the filing of this application, due notice has been given to all pole
and wire users on that section of said State Road NO.m,15,,"n or any portion thereof, and attaches hereto
copies of its letters addressed to said users, notifying them that this application would on thenm"mmnnmnnmm
day OLmm..m'nwmhh'mnm"'mmn'mnmm'm' 19~Q" be duly presented to the State Road Department.
Attes~:'~____:__________~~
~ceived__________~---::ta~
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In the Matter of the Application of___m,___,uuuuuuhu_nmn'______nn,n,h___n______'mn''n.'___'u,,uh',h___nmu""m..'mu.'hh"'m___u___"______n'______"nn____
nnnn___'mn____________g'~'~'y'.m9.'.fn'nQJ'~u~T~~?:,~,s::'~'m!.~~,~'~.~,~,E~J___,g'?:'?ln___.P.~'P..~,~,1J.~~~,~'nn'n..mnnun"___'m.mmn""",""nnnn..nnn""u
for a permit to construct, operate, and maintain"m,n,t:vy.9,:::'J,;g.,g,hm..t?nl~J,nng~,~nmm~J,gm___,___h'___m___'___n.."h'n'n_m.
line with the necessary appurtenances, including poles, wires and cables along a portion of State
Road N 0.mJ..5um"'h' between,n."m",n___"nQ.l,e.,~rwa,t,e.r.uunommn......n" andnnn______mmmmn,mnnn~,il;r.g,Q.."h---mu..unnnuuu Florida.
The a pplica tion of the ___n'mmmm'mC,i,tyuuQ,t'.unQl,e.,arw.a,t..e..r""nmmn'n'm"""nhnn'___mm"nh'ummuumu..""ummm'm"m..mm.'___..
for a permit to construct, operate, and maintainn,nmt,w.,Q,~.1,nc,h".nL2h~~.Jhu,ga,~m,JP.,aJnmmm....m.mm..umu'mnmm......
m""___'m'nmnnnmnnwith the necessary appurtenances, including poles and wires upon a portion of State Road
N 0...,,15,..'n betweenmmhC,.l.,e.,a.:rWa.,te.,;r'andmh...____.,__n,'J.,..a,;r.g,omm",nn'nm, having come regularly on for hearing
on the___n.nmmnnmm day OL___uum'm'..mmh.',u'hm'm"'nm"nu' 193mm' before the State Road Department, under the pro-
visions of resolutions adopted by the State Road Department at its meetings of January 16th, 1925,
April 2nd, 1926, and March 18th, 1938, and it appear.ing to the State Road Department that notice of
said hearing has duly been given to all wire users affected by said application, it is,
ORDERED that a permit be, and the same here by is, given and granted tOnn','..'n____n___mnnnnnmn""'nm'___'m___u'h'
u,u,___.."'___umm'mn"'______'hh..'..mmmm'nuuuu"'___nnum'mmmmmm"m..'.'mn'___nm______'u'u (hereinafter referred to as the "holder' ') to erect,
constru ct, operate, and maintain 'On___hmuhnmuuuuuuuuummmu."nmm'______hh"nnn___n___nm""".",",___""'m___".h.'___nn'm'h___nm".'n"'mh""'nn___"m"'mmu'.,
m'nm'mu______'___nm..un___with the necessary appurtenances, including poles and wires on the following described
portion of State Road N o.,n,l5-mubetweenuumumu"Gl,earwat,er______,m,mn___, and Uuu...'hmh___Lar.go,'___"numh_____m"___mm"
terminable and subject to the terms and conditions hereinafter enumerated:
.....nnn.............................n..........................................._............._______._n__._...._.....n....._u.unnnnuunnnnnnnnn...............u_nnn..uun.....n.......unonu...n..__u.uunnnOon_._......................._
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This permit is granted subject to the following terms and conditions:
1. Only one line of poles or cables shall be erected, installed and/or maintained hereunder, and
each pole, brace, cable, and guy pole shall be at least."J+mmfeet from the center line of said highway.
Guy wires shall not cross roadway except where necessary, and when crossing the roadway shall pro-
, vide a minimum vertical clearance of at least twenty feet.
2. All poles and wires shall at all times be erected and maintained so as not to interfere with the
use of said highway for travel.
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3. Whenever necessary for the construction, repair, improvement, alteration or relocation of all,
or any portion of said highway as determined by the State Highway Engineer, any or all of said poles
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and wires shall be immediately removed from said highway, reset or relocated thereon as required by
the State Highway Engineer, and at the expense of the holder.
4. The work of constructing, removing and relocating any and all poles, wires, cables or appurten-
ances, shall be done at the expense of the holder, and without interference with traffic upon or along
said highway, and to the entire satisfaction and under the supervision of the State Highway Engineer;
and none of such work shall be undertaken or carried on without ten days' written notice having been
first given to the State Highway Engineer.
5. Any and all damage, or injury, done or caused said highway or any portion thereof in the con-
struction, operation, maintenance or repair of saidn.mm,mmnnnQ,inty.,mQ,fn,o,gnl~,g,:r.,Ws;rt,S2,r.,m,G:,aSnm,m,nn,m,,,>>mn
Main
nnnnnnnnn"nh,m,mh,onmnnm,uuumh"mo""nnnn,mhm,nline shall be immediately repaired and reconstructed under the super-
vision and to the satisfaction of the State Highway Engineer; and in the event the holder shall fail,
neglect, or refuse to immediately repair and reconstruct said damage, or injury, to said highway, the same
may be done by the State and the expense and cost thereof shall immediately be repaid by the holder to
the State.
6. The holder shall save and keep the State of Florida harmless from any and all damages, claims,
or injuries that may occur by reason of the construction, maintenance, and operation of said,...".m,Qg,~""onm..,
"""'m'~~~,!?:Jgm"'m.nu'.....,..,.....,....__mmmmnn"__...,m,n",.m,n_,line.
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7. The State reserves the right to alter or amend the permit hereby granted, in any particular,
through its State Legislature by general law.
8. Upon the failure, neglect or refusal of the holder to immediately do and perform any change,
removal, resetting or relocating of any poles or wires, or any repairs or reconstruction of said highway
herein required of the holder, the State may undertake and perform such requirement and the cost and
expense thereof shall be immediately repaid to the State by the holder.
9. Any breach of any of the conditions and requirements herein made, or failure on the part of
the holder of this permit to proceed with due diligence and in good faith, after its acceptance, with con-
struction work hereunder, shall subject this permit to cancellation after a hearing before the Chairman
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of the State Road Department, of which said hearing the holder shall be given at least ten days' written
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notice, if at that time the holder is a resident and doing business in the State of Florida, otherwise by
publishing a notice of said hearing once a week for two consecutive weeks in a newspaper of general cir-
culation inm,um,mr,~,p:~,J,lg.~n"u".u"County, Florida, the last publication to be at least ten days before the
date fixed for said hearing.
10. (a) This permit is not exclusive and the State reserves the right to grant permits to other per-
sons or companies to use the highway or any part thereof covered by this permit for the same purpose
as herein authorized or for any other purpose authorized by law.
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(b) If the highway or any portion thereof, upon which this permit operates, is occupied and used
by the same kind and character of utility, or a similar utility, under a permit heretofore granted by the
State, which prior permit contains a common user clause, this permit shall be deemed to grant and au-
thorize only the use of said highway or portion thereof, in conjunction with the holder of said prior per-
mit and under the terms of said common user clause.
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(c) Whenever there shall hereafter be granted a permit to use and occupy with the same or a similar
utility all or any portion of the highway herein authorized to be used, and occupied, the holder of this
permit shall permit the joint use and occupation of its poles and structures placed upon said highway, or
portion thereof, under this permit by the holder of such subsequent permit, upon such terms and regula-
tions, rentals or compensation as shall be just and equitable. If the holders of said permits are unable
to agree upon the terms and regulations, rentals or compensation for such common user, the same shall
be submitted to three arbitrators for decision, one of said arbitrators to be named by each of the holders
of the permit, and the third arbitrator to be selected by the other two; and the decision of said arbitrators
shall be binding and conclusive on the holders of the permit.
(d) Telephone and telegraph utilities shall be deemed similar utilities within the meaning of that
term as used in this paragraph.
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11. In constructing, operating, maintaining, and repairing said u'm,t,WQ,~,in,chm__L2u~~ju,.,Ga.s"m"""__,u,
,__,,nm~.?:.t~mmum,.n__"u,nun,nm,,,n,__.line and the poles and wires thereof, the holder shall conform to any re-
quirements made by the State Highway Engineer, or any State department or officer authorized to super-
vise and regulate such work and utility for the protection and safety of the public; and such construc-
tion and maintenance shall at all times conform to the requirements and standards as fixed and adopted
by the United States Bureau of Standards.
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12. This permit is granted under the provisions and subject to the conditions and requirements
of said resolutions adopted by the State Road Department at its meetings of January 16th, 1925, April
2nd, 1926 and March 18th, 193'8.
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13. No trees or shrubbery on or directly adjacent to the right of way covered by this permit shall
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be cut or trimmed by holder, without first securing the permission of the State Road Department, and
such permission when secured shall be exercised under the supervision of the State Road Department.
The holder shall clear the right of way of all debris resulting from the exercise of this permit.
14. The holder shall, within twenty (20) days from receipt of a copy of this order, file with the
State Road Department at Tallahassee, its written acceptance of the terms and conditions of this permit.
15. This permit shall be null and void unless actual construction under the terms and provisions
hereof shall be commenced in good faith within sixty (60) days from the date hereof.
16. It is understood and agreed that the rights and privileges herein set out are granted only to
the extent of the State's right, title and interest in the land to be entered upon and used by the holder,
and the holder will, at all times, assume all risk of and indemnify and save harmless the State of Florida
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and the Department from and against any and all loss, damage, cost or expense arising in any manner
on account of the exercise or attempted exercise by______~n~'---m"~...---,.",------.---...,.",.,.,..-....
the holder of the aforesaid rights and privileges.
Dated at Tallahassee, Florida, this-____~_~_--day OL_~_____' 1~
THE STATE ROAD DEPARTMENT OF FLORIDA
By:
n____,___n___,___'~n---'~~....,.
Chairman (or Secretary) of
State Road Department.
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TO THE STATE ROAD DEPARTMENT
OF THE STATE OF FLORIDA.
.n,m,..nhhnn,,nm,m,.,m,mmmmm,nC,I,'r.,Xn,,OF.,,,C,L,EAf(WATER,,___ mnmm'mnnnn'n'mmmm'nmn'mm."..n"n'h""n'h'mmh"nmmnmh""'h'm.'.'.. hereby
accepts the terms and conditions of Permit NO.mm,m,.to erect, construct, operate and maintainmnm~,~9.,:::,~.;nch
m~n~'~~')m'.?n~'~n"'~~'~,::,.""'m'mmm'nmmm.""m"m..,mm",n."....m,mmnn......,m,Jine with the necessary appurtenances, including
poles, cables and wires, on the following described portion of State Road No."~5....""between,,,hQJ,,~~.r.::::m,',
,~~,~,~F"mn.andm"m,~~,r.,g9_._,m.m___,m_ in said State of Florida:
~~nm~'!?~!'~n'mg'~~n"~~~~n"n~'~n":!?'~'m'~'~~'~'m'~~'~'.m~~~"m~~P..~'~'~'m'~'~"h'~'~'~!,~~,~",,~'~~"n..'m'nn"mm""n
gas customers in this area. The operation and maintenance of
the same is agreed to by the City of Clearwater, in accordance
with the ----------
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said permit having been passed and approved by the State Road Department, at Tallahassee, Florida,
on,."..mmmm,mm",_ day of._......._n_"...'.m."."'_'_.m__~..._, 193_.
IN WITNESS WHEREOF, said .......'...'..._m.'__.__....m"'...""".,__...'..'n........'m...."..,,'.'.."'m"'.."m.""m.'.mn.mmm'."...,....""".....,.'...__
has caused this acceptance to be signed by its President and its corporate seal to be hereunto affixed,
atte"<ed by ita Secretary, tbis____ day O!~' 19 ._.
Attest:
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( OTE:-In order to expedite the granting and acceptance of the Permit, it is suggested that the acceptance above
be executed at the same time the application is executed).
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