84-33
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RES 0 L UTI 0 N
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No. 84 - 33
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA, ACCEPTING THE
GAS FRANCHISE CONTAINED WITHIN ORDINANCE NO.
83-27 PASSED BY THE CITY OF TARPON SPRINGS,
AND AGREEING TO COMPLY WITH CODES APPl,ICABLE
TO THE FRANCHISE ACTIVITY NOT IN CONFLICT
WITH THE TERMS OF THE FRANCHISE.
WHEREAS, the City of Tarpon Springs, Plorida, did pass Ordinance
No. 83-27 on October 18, 1983, therein grant~ng to t?e City of
Clearwater the right to operate its Gas Department in said City
limits by granting the City of Clearwater a franchise; and
WHEREAS, such franchise was approved by referendum as indicated
in Ordinance No. 83-33 of the City of Tarpon springs on December
13, 1983; and
WHEREAS, snid Ordinanc~ provides that the franc~ise srantod
pursuant to the Ordinance shall also constitute an interlocal
agreement under Chapter 163, Florida Statutes, pursuant to which
the City of Clearwater is authorized to exercise certain powers
vested in the City of Tarpon Springs; and
WHEREAS, said Ordinance is found to be in order and provides
that the same shall not become effective in whole or in part until
the City of Clearwater shall, by resolution duly passed and adopted,
accept said franchise and agree to comply with the terms and con-
ditions thereof, and furthermore, to comply with all reasonable
ordinances passed by the City of Tarpon Springs not in conflict
with the terms of said franchise; and
WHEREAS, said Ordinance No. 83-27 of the City of Tarpon Springs
provided that said Ordinance and the franchise therein provided
should become effective for all purposes therein provided for as
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of the date of passage of said Resolution of the City of Clearwater;'
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY
COMMISSION OF THE CITY OF CLEARWATER, FLORIO:A"
IN SESSION DULY AND REGULARLY ASSEMBLED, AS . :'
FOLI;OWS :
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1. That the franchise and interlocal agreement of the City of
Tarpo~ Springs, as set forth in its OrdinanCe No. 83-27, duly passed
and adopted on the 18th day of October, 1983, be and the same is
hereby acpepted, ratified and approved.
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Res. 84-33
3-15 -84
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2. That the City of Clearwater, by ~nd through its city
Commission, hereby agrees to comply with the terms and conditions
of said franchise, as well as to comply with all reasonable ordi-
nances passed by the City Commission of the City of Tarpon Springs
not in conflict with the terms ,of said franchise.
3. That this franchise shall also constitute an inter local
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agreement under Chapter 163, Florida Statutes, pursuant to which
Grantor agrees that Grantee shall exercise any or all powers vested
in Grantor pursuant to Chapter 180, Florida Statutes, necessary
or desirable in furnishing gas service pursuant to this franchise.
4. That a certified copy hereof shall be delivered to the
City Clerk of the City of Tarpon springs immediately upon the
passage of this Resolution, and that receipt therefor shall be
obtained and filed with the City Clerk of the City of Clearwater,
together with the original of said Ordinance, and the original of
this Resolution.
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5. That certified copies of the Ordinance and this Resolution
shall be filed with the Clerk of the Circuit Court of pinellas
County, Florida, and that this Resolution and the franchise and
interloca1 agreement shall be deemed to be in effect as of the
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date of such filing.
6. That this Resolution shall become effective immediately
upon its adoption.
PASSED AND ADOPTED this 15th
day of March, A.D. 1984.
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Attest:
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. ' City Clerk
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'Cl,.. '.'
2.
3-15-84
Res. 84-33
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