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ORDINANCE NO. 298
AN ORDINANCE ORANTING TO THE CITY OF
CLEARWATEI'., FLORIDA, A MUNICIPAL CORPORATION OF
THE COUNTY OF PINELLAS AND THE STATE OF FLORIDA,
A FRANCHISE FOR THE PURPOSE OF FURNISHING GAS
WITHIN THE TOWN OF BELLEAIR, FLORIDA, AND TO ITS
INHABITANTS, AND TO PRESCRIBE THE LIMITATIONS,
TERMS AND CONDITIONS OF SAID FRANCHISE.
BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN
OF BELLEAIR, FLORIDA, IN SESSION DULY AND
REGULARLY ASSEMBLEDt
Section 1. Whenever In this Ordinance the warda or phrases hereafter In this
section defined are used, they shall have the respective meanings asslgnod to them In the
following definitions, unless, In the given Instance, the context wherein they are used
shall clearly Import a different meaning:
(a) "Grantee" shall reter to the City ot Clearwater, a Florida municipal
corporation, the corporation, In Its present Inoorporated torm, or as may
sUbsequently be reorganl\1;ed or reincorporated, to whloh the franohlse Is
granted by this ordinance.
(b) "Grantor" shall refer to the Town ot Bellealr, a Florida municipal
corporation, in its present incorporated form, or as may subsequently be
reorganized, consolidated, or reincorpornted, and to all Inhabitants and
properties therein.
(c) The word "street" shall mean the public streets, lanes, alleys, courts,
bridges (excluding the area above deck at said bridges), or other pUblic
places in the Grantor's corporate limits as they now exist, or as they may
be established at any time during the term of this franchise In the Town
of Belleair.
(d) For the purpose of Section 9 at this franchise, the word "industrial" shall
mean service to a customer at a single locatlon where such consumer is
engaged in an industrial enterprise In which such service is used primarily
in the operation involving the extraction Crom or fabrication of Borne
material or product.
(e) The word "gas" shall mean natural gas and/or commingled gas and/or
manufactured gas which is distributed in pipes. It shall not mean bottled
gas or any other fuel.
(f) The word "facilities" or "equipment" shall mean pipe, pipeline, tube,
main, serVice, trap, vent, vault, manhOle, meter, gauge, regulator, valve
conduit, appliance attachment, appurtenances, and any other personal
property located or to be located In, upon, along, across, under or over
the Grantor's streets used or usoful In the distribution 01 gas.
Section 2. Grantt:e Is hereby granted a franchise, privilege, and concession to
furnish gas to Grantor, together with the ~Ight to use Grantor's streets, avenues, alleys,
squares, bridges, viaducts, or other pUblic highways nnd easements tor the purpose of ,
laying nnd maintaining pipes, and/or such other opparatus nocessary to supply gas to
Grantor, and to do all things reasonably necessary to supply gOB to Grantor, not otherwise
in conflict with any of the terms and condItions of this franohise or reasonable
ordinances of Grantor. Grantee shallloceto 011 tooflltles nnd equipment so that such wlll
not intel:tere with Grantor's use at Its streets, and sholl not aBuse a hazard to the public
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health, safety, welfare, and aesthetics of Grantor, or Inconvenience any of the property
owners contiguous thereto, The Grantee shaH obtain written approval of the Town of
Belleair as to any proposed route or location of proposed facl1ltles prior to installation.
Grantee may do all things necessary or expedient for the purpose of supplying gas within
the said Town and to Its inhabitants, provided that the some shall not be In connict with
any of the terms and conditions of this Cranchlse or reasonable ordinances or directions
of Grantor, and provided that the mains Installed and used for the purpose of supplying
said gas shall be laid in the manner provided In this franchise.
Should the Grantee sell Its facUitles to any other person, firm, corporation or
entity during the life of this franchise, the Grantor may, at Its option, cancel this
franchise unless it shall have given its written consent to such purchase or transfer. The
Grantor shall have the right to give or withhold Its consent within Its sole discretion and
shall have the absolute right to renegotiate this franchise, In whole or In part, as it
deems appropriate and necessary to protect the pubHc interest. In the event that the
Grantor and the new owner of the facility shaH be unable to negotiate a satisfactory
franchise agreement, the Grantor may cancel and terminate this Franchise Agreement
.and such termination shall act as an expiration of this franchise in accordance with the
terms of Section 10 of this Agreement,
At the execution of the withIn franchise, the City of Clearwater shall furnish
to the Town of Bellealr a current and accurate map showing in detail the location of each
gas faciUty owned by the Grantee, and thereafter shall keep such map in current
condition with Information from time to time to show changes. Grantee shall locate all
facilities and equipment so that such will not Interfere with Grantor's use of its streets,
and shall not cause a hazard to the pubHc health, safety, welfare and aesthetics of
Grantor, or inconvenience any of the property owners contiguous thereto.
Section 3. The franchIse, rights and privileges hereby granted shall continue
and be in torce for the period of thirty (30) years trom the date the franchIse granted
hereIn becomes effective, to wit: June 14, 1990.
Sectlon 4. Grantee shall furnish twenty-four (24) hours ot continuous dally
service to each person within Grantor desiring such service. Failure of Grantee to
furnish gas to any such person tor any causc within Its control tor a perIod of seventy-
two (72) hours shall act as a default of this tranchlse at the option of the Grantor.
Provlded~ however, that Grantee shall not be required to lay facllltles or equipment
beyo~d Buch poInt as it determines to be economically unteasible, and unless the revenue
from such additional facUities or equipment shall warrant such Installation on a basis of
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reasonable compensation or return on Grantee's Investment. Such polley shall be the
same os Grantee applies within the City of Clearwater.
Section 5. Grantee shall Install the necessary facllltles or equipment at Its
own cost and expense and the same shall be and remain the property of Grantee, and
Grantee's facllltles or equipment and other physical properties used in connection with
the furnishing of gas under thls franchise shall be free from any ad valorem and
occupational license tax of Grantor so long as such remains Grantee's property. All
mains and pipelines shall be laid underground. Grantee shall repave or relay, as promptly
as possible, all streets, lanes, alleys, sidewalks, squares, or public places dug or disturbed
by Grantee for any reason unless there is a previously-approved schedule. Grantee shall
repair and restore such streets, lanes, alleys, sidewalks, and public places to their former
and safe condition and with the same quantity and quality of material, or its equivalent,
as was existing prior to the commencement of such work. In all cases, the repair work
shall be made passable to traffic during conduct of such work as soon as physically
. possible. Grantee shall apply for ane] obtain a permit from Grantor, without charge, prior
to the construction or installation of any facilities or equipment, and, in applying for said
permit, Grantee shall supply Grantor with as-built drawings of all such facilities or
eqUipment, Provided the permit application and drawings are acceptable to Grantor,
Grantor shall issue such permit within twenty~four (24) hours from application therefor
by Grantee. Should Grantee neglect or refuse to restore or repair without delay after
completion of installation and after ten (10) days' written notice to Grantee, any streets,
alleys, lanes, squares, sidewalks, or public places which may have been excavated, dug or
disturbed by It, then the Grantor shnll have such repairs and restoration done, and the
expenses incident thereto shall be paid by Grantee. In the event that relocation of
Grantor's or Grantee's property is subsequently required, that party requiring such
relocation shall pay the other for all costs incident thereto.
Section 6. Nothing herein contained shall be so construed as to render the
Grantor anywise Hable for any act of omission or commission of said Grantee, Its
otllcers, agents or employees, in the execution or conduct of the work herein
authorized. Grantee shall at all times indemnify and save Grantor harmless against all
damages, judgments, decrees and costs which may arise or accrue to Grantor from injury
to persons or property caused by the carelessness or neglect In the execution or conduct
ot the work hereinunder authorized or by the failure of Grantee, its officers, agents or
employees, to comply with any reasonable ordinance, rule or regulation relative to
streets and sidewalks or other pUbllc places now in force or hereinafter enacted. In no
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event shall Grantor, its employees or agents, be construed as the agent of the Grantee or
its employees or agents.
Section 7. The gas to be furnished by Grantee shall in no case be of less
qualIty than 1,000 Brltlsh Thermal Units per cubic foot, and shall be conducted through
the pipes at a pressure sufficient to ensure satisfactory operation. The Grantee shall
have the privilege and option of charging reasonable prices therefor, provided, however,
that In no case shall the charge therefor exceed more than the retail price of Grantee's
consumers in the City of Clearwater, Florida, plus franchise fees as shown in Section 9 of
this Ordinance. The Grantee shall have the further right and privilege of COllecting
reasonable service charges and/or connection fees, provided, however, such charges and
fees are no greater than for similar services, charges and fees to any of Grantee's other
consumers, plus travel expenses to be agreed to between the parties from time to time.
Section 8. The said Grantee shall at all times comply with all reasonable
ordinances, rules and regulations enacted or passed by the Grantor not in connict with
the terms of this franchise. And the said Grantee shall have the right to make, establish
and maintain and enforce such reasonable regulations for the operation of its distributing
system as may be reasonably necessary and proper, not inconsistent with the terms of
this franchise and the ordinances of the Grantor, and to protect itself from fraud or
imposition and may, in its discretion, refuse to furnish gas and to cut off the supply from
any customer or customers who are in default ot any bill rendered tor such service or for
other reasonable grounds, according to the same procedure as Grantee provides tor its
own consumers in the City of Clearwater. Grantee agrees that all documents relating to
this franchise shall be and remain public records. Grantee agrees to furnish Grantor a
list of all franchise customers upon demand.
Section 9. In consideration for the granting of this franchise, Grantee shall
pay to Grantor:
(a) Four and one-half percent (4-1/296) of the gross receipt from sale ot
gas within the limits at the Grantor for the first ten (10) years of
this franchise;
(b) Five percent (596) of the gross receipts from the sale of gas within
the limits of Grantor for the second ten (0) years ot this franchise;
and
(c) Five and one-half percent (5-1/296) of the gross receipts tram the
sale oC gas within the limits of Grantor tor the final ten (10) years of
this franchise.
In computing the gross receipts from the sale of gas in the Town of Bellealr
during the term at this franChise, all revenues received from gas delivered to and
consumed by industrial gas customers shall be excluded,
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Grantee shall be required to keep proper books of account showing monthly
gross receipts from the sale of gas within the corporate limits of Grantor, and shall make
a statement, in writing, showing such receipts for each such quarterly period of this
franchise, and, based upon such statements, shall make payment to Grantor for the
amount due. In the event that Grantor shall annex a customer of Grantee during this
franchise, Grantor shall notify Grantee of such annexation. Grantee shall Immediately
include the gross receipts of such consumers in the franchise fee payment.
Such franchise fee shall not be deemed to preempt or otherwise exclude the
Grantor from levying additional utility Ol' other taxes which Grantor may lawfully Impose
upon Grantee's customers.
Section 10.
Upon expiration of this franchise, said franchise shall
automatically be renewed for an annual period until such time as the Grantor refuses
renewal. The Grantor shall notify Grantee ninety (90) days prior to the end of such
period If franchise shall not be renewed. Grantee shall, after thirty (30) days, have the
right, privilege and option of removing all franchise piping and eqUipment. In such event,
Grantee shall repair all of the Grantor's property to the same condition as theretofore
existed.
Section 11, As a further consideration of this franchise, Grantor agrees not
to engage In the business of distributing and selllng gas during the life of this franchise or
any extension thereof in competition with the Grantee, and further covenants and agrees
to pass and adopt such reasonable ordinances and regulations as are reasonably required
to assist and facllltate Grantee hereIn, in the performance of this franchise,
Grantee herein shall reimburse and pay to Grantor aU reasonable expenses
incurred by Grantor In the conducting of any special elections which might be required by
the charter of the Grantor in connection with this franchise.
Section 12. The franchise granted herein shall not become effective in whole
or in part until the Grantee shall, by resolution duly passed and adopted by Its
Commission, accept the franChise, prlvilegefl and concession herein granted and, in said
resolution, agree to comply with the terms and conditions of the said franchise And said
resolution to contain an agreement to comply with all reasonable ordinances passed by
the Town Commission of the Town of BeUeair not In connict with the terms of said
franohlse, a certified copy thereof to be delivered to the City Clerk of tho Town of
BeUeair. Upon the receipt of a certified copy ot the resolution aforesaid, this ordinance
and the franchise therein provided shall become effective tor all purposes therein
provided for, as of June 14, 1990.
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Section 13. That all ordinances or parts of ordinances In confilct with the
provisions or this Ordinance be and the same are hereby repealed. If any section or
sections or this Ordinance are declared invalid for any reason, such Invalidity shall not
affect the remaining sections thereof. The parties further acknowledge that each term
and provision at this Ordinance is material to the franchise, and default in the
performance of any such provision shall be grounrts for the termination of this franchise.
Section 14. This ordinance sl'.a11 become effective thirty days after final
passage and adoption.
PASSED ON FIRST READING:
PASSED AND ADOPTED ON
SECOND AND FINAL READING:
.. ' 6149-00B23/dab/doo
Date:
April 17. 1990
Date:
May 16, 1990
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BDW ARD MORAN --
Mayor
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