98-06
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. . RESOLUTIONS
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RESOLUTION NO. 98-06
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF CLEARW A TER, FLORIDA, ACCEPTING THE
FRANCHISE, PRIVILEGE AND CONCESSION OF THE
TOWN OF NORTH REDINGTON BEACH, FLORIDA, FOR
THE PURPOSE OF FURNISHING GAS WITHIN NORTH
REDINGTON BEACH AND TO ITS HABITANTS, AND
APPROVING THE INTERLOCAL AGREEMENT RELATED
THERETO; PROVIDING AN EFFECTIVE DATE.
WHEREAS, on October 9" 1997, the Town of North Redington Beach, Florida
approved an interlocal agreement with the City of Clearwater, copies of which are attached
to the original of this resolution and incorporated herein by reference, granting the City of
Clearwater a franchise for the purpose of furnishing gas within North Redington Beach; and
WHEREAS, the terms and conditions of the franchise and the interlocal agreement
are acceptable, and now, therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF CLEAR WATER, FLORIDA:
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1 .".} Section I. The terms and conditions of the gas system franchise, privil~ge and
. concession granted by the Town of North Redington Beach, Florida is hereby accepted, and
the City Commission of the City of Clearwater does hereby agree to comply with the terms
and conditions of the franchise and interlocal agreement and with all reasonable ordinances
adopted by the Town Council of North Redington Beach not inconsistent with the franchise.
Section 2. This resolution shall take effect immediately upon adoption. Upon adoption
of this resolution, the City Clerk shall deliver a certified copy to the Town Clerk of North
Redington Beach.
PASSED AND ADOPTED this 16th day of July , 1998.
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Rita Garvey, Mayor-Co issioner
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John Cnrassas, Asst. City Attorney
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Attest:
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ft.Cynt Goudeau, City Clerk
Approved as to Form:
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Resolution 98-06
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INTERLOCAL AGReeMENT REGARDING GAS SERVICE
~ BETWEEN THE TOWN OF REDINGTON BEACH, FLORIDA
J AND THe CITY OF CLEARWATER, FLORIDA
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l.,,:~. '.....:,' .,.. .', THIS AGREEMENT, made and entered Into this ...M- -day of .,I1!tt2.. 1e'3!~
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f.~:,;~r:>!/F~\'~~!!;':~:';' by '~nd. b'etween the lown of Redington Beach, Florida, a Florida munIcipal corporation,
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I(!::::\<;!.;r~::. ,;~,;'< :~ 'by and through Its Town Board of CommissIoners (herein "TOWN") and the City of
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t'> .;:.' :,' ':\'.' ., Clearwater, a Florida municipal corporation, by and through its City Commission (herein
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WITNeSSETH
~HEREAS, it is in the best interests of the citizens of TOWN to be provIded gas
service whenever and wherever feasible: and,
WHEREAS, pursuant to Chapters 166 and 180, Florida Statutes, the CITY has
the power and the present capability to provide such gas service in TOWN; and
WHEREAS, TOWN and the CITY wish to set forth their agreement with respect
to the provisions of such gas service to those areas within the corporate limits of TOWN,
pursuant to the provisions of the Florida Interlacal Cooperation Act of 1969, as
amended.
NOW, THEREFORE, for value and other consideration, it is agreed:
seCTION 1. INTERLOCAL AGREEMENT.
The parties acknowledge that'the City has. the legal authority pursuant to the
Florida Statutes to provide gas service and, further. that TOWN, upon appropriate
exercise of Its powers could also provide such service. The TOWN and erN have
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determined It Is In the best interests of both parties and their citizens for CITY to proVide
gas service withlr. the corporate limits of TOWN as defined herein.
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SeCTION 2. . ReCITALS.
The recitals and findings cont~lned above are hereby Incorporated within this
agreement In full.
SECTION 3. TE:RMj GRANTj DEFfNITION OF GAS.
For a period of 30 years from the effective date of this agreement, TOWN, its
'successors, and assigns, do hereby agree and gIve and grant to the CITY Its
successors and assigns I any necessary right and authority to exercise (he power to
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furnish gas and to construct, operate and maintain within the corporate limits of TOWN.
all facilities required by the CITY to supply gas to TOWN, its inhabitants and the places
,of business located within TOWN's corporate limits and other customers and areas now
or here~fter supplied, or to be supplied, gas by CITY.
The word f1Gas" shall mean naturaf gas and/or commingled gas which Is
distrl~uted in pipes, It shall not mean bottle gas or any other fuel; however, nothing
herein shall be Interpreted to prohibit CITY from engaging In the sale of liquid petroleum
(propane) gas.
SECTION 4. RATES.
The rates,'charges and fees to be charged by the CITY for gas service within the
corporate limits of TOWN during the term of this agreement shall be as provided in the
CITY1s rate schedule now or hereafter approved by CITY's City Commission, or as
modified by the CIty Manager, or other designated City official, to the extent City
. Marlager, or other designated City official, Is expressly authorized to approve changes
to such rates. charges, and fees, or such other agency of the State of Florida as may
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have proper jurisdiction over such rates and charges of CITY under the general laws of
the State of' Florida, or CITY's charter and ordinances. Such rate sChedule shall be
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Identical to the rate schedule ~ppl1ad to rate payers wlthln the corporate IImils of the City
of Clearwater.
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SECTION 5. ANNEXATION.
In the event of the annexation of any territory to the present corporate limits of
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TOWN, such annexed territory and all portions of the gas system of CITY located
therein shall become subject to all of the terms and conditions of thIs agreement as of
the time such annexation becomes effective. It shall be the responsibility of the TOWN
to notify CIN In writfng within thirty (30) days after the effective date of every such
annexation. The CITY shall implement such annexation within. thirty (30) days of the
receipt of the notice from the TOWN,
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~ECTION 6. EXTENSION OF SERVICE.
In consideration of the rights granted under this franchise and the duration of this
franchise, the CiTY agrees that Its fa cllltie s to be installed within the corporate limits of
TOWN will be expanded to pr~vide service to new customers on the terms and
conditions hereinafter set forth. such expansion shall occur on the following terms and
conditions, to wit:
A. Gas service shall be extended to customers desiring said service based
on a feasibility formula. Such formula shall be the formula currently in effect systemw
wide as then administered by the CITY, but, at a minimum, shall be as follows:
Gas service shall be extended if the constructh.m costs expended to
service such customer(s) including, but not limited to debt service, expenses, and cost
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B. In the event the system-wIde formula provides for a formula longer thon
seven (7) years, thallongar poriod shall be usod.
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SECTION 7. FORCE MAJEURE.
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In the event by act of God, strike, riot, pUblic enemy or other calamity, or
restriction In the supply of gas beyond the control of CITY or Its Interstate supplier or by
reason of regulation exerted by the Florida PUblic Service CommIssIon or the Federal
Energy Regulatory Commission or other regulatory body having jurisdIction In the
premises, the supply of the gas should be interrupted, the CITY shall, nevertheless,
continue to supply the available gas to such customers as it Is possible, shall employ its
full services to remedy such deficiency of gas supply, and shall resume complete gas
service when that ls possible.
SECTION 8. COMPETITION.
As a further consideration of this franchise; TOWN agrees not to engage In the
business of distributing and selling gas during the life of this franchise .or any extension
thereof in competition with the CITY, its successors and assigns.
SECTION 9. EXTENSION OF AGREEMENT.
One (1) year prior to the expiration of this agreement, or any extensions provided
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for in this paragraph, CIty shall provide Town with written notification of its Intent to
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renew for an additional five (5) year period. TOWN agrees to provide a written response
to CITY, prior to the end of the lnltlal term or the end of ar'lY additIonal five (5) year
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period, of its election not to extend the agreement for an additional five (5) year period.
Town's failure to provide written notIfication to City not to extend shall automatically
extend the agreement for an additional five (5) year period. Upon notification of non-
extension, the CITY shall have, for one (1) year from the end of the term, the right,
privilege and op~ion of .removlng all agreement piping and equipment. In the event of
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OCT-14-1997
11 : S9
. C I T'( ATTORNEY'S OFF J CE
813 462 5426
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the removal o( such equlpmont, the CITY shall repaIr all of the TOWN's proporty to the
same condition as theretofore oxisted. CITY shall also have for a period of one (1) year
after such termlnation\ the right to sell any or all of its piping and equipment to TOWN or
a third party at the time of termination or subsequent thereto.
SECTION 10. FRANCHISE FEE.
In consideration (or the granting of this franchise and the use of the rights~of-
wa.y, easements and other public places allowed hereunder, the TOWN reserves the
right to charge a franchise fee and the CITY agrees to pay such franchise fee in an
amount not to exceed five percent (5%) of the gross re(',elpts from the sale of gas within
the corporate limits of the TOWN for the term of this franchise as established by
subsequent ordinance of the TOWN Commission. Such amended franchise fee shall be
implemented by the CITY no later than thirty (30) days from the date of the delivery of
written notification to the CITY by the TOWN of such franchise fee charge. or
'amendment. said written notice to be accompanied by a copy of the adopted ordinance.
Payment of the franchise fee by the CI1Y to the TOWN shall be made on a quarterly
basis.
SECTION 11. CONFLICT.
All ordinances and parts of ordinances adopted to effectuate this agreement In
conflict herewith be and the same are hereby repealed.
SECTION 12. SEVERAB1L1ry.
if any section or sectIons of this agreement are declared invalid for any reason,
such Invalidity shall not affect the remaining sections thereof.
SECTION 13. EFFECTIVE DATE.
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__..M~___________________~._.~._~_4.~__M___~___________.~___M_.__~~___________~___~M_____________.___.__.
OCT-14-1997 12:00
(: IT'! ATTOPHEY' S OFF t 1-\=
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This agreement shall become effectlve upon the acceptance or this agreement
hy appropriate act by CITY1s governing board after adoption by TOWN's governing
board.
IN WITNESS WHEREOF, REDINGTON BEACH and CLEARWATER hereto
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have executed this t:lgreement on the day and year above wrttten.
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MarkJleighton
Mayor .
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Attest:
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Victoria McDonald, CMC, ME,
Town Clerk
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Dominic Amadio, Esq.
Attorney for the lown of
Redington Beach,
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Countersigned:
CITY OF CLEARWATER, FLORIDA
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Rita Garvey
Mayor~Commissioner
By:
Michael J, Roberto
City Manager
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Approved as to form:
Attest:
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John Carassas
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
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