98-53
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RESOLUTIONS
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RESOLUTION NO. 98-53
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF CLEARWATER. FLORIDA, ACCEPTING THE
FRANCHISE. PRIVILEGE AND CONCESSION OF THE
TOWN OF REDINGTON SHORES, FLORIDA, FOR THE
PURPOSE OF FURNISHING GAS WITHIN THE TOWN OF
REDINGTON SHORES AND TO ITS HABITANTS, AND
APPROVING THE INTERLOCAL AGREEMENT RELATED
THERETO; PROVIDING AN EFFECTIVE DATE.
WHEREAS, on September 8, J 998, the Town of Redington Shores, 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 the Town of Redington
. Shores; and '
WHEREAS, the terms and conditions of the franchise and the interlocal agreement
are acceptable, and now, therefore.
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BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The terms and conditions of the gas system franchise. privilege and
concession granted by the Town of Redington Shores, Florida is hereby accepted, and the
City Commission of the City of Clearwater docs hereby agree to comply with the terms and
conditions of the franchise and interlocal agreement and with all reasonable ordinances
adopted by the Town of Redington Shores not inconsistent with the franchise.
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Section 2. This resolution shaH take effect immediately upon adoption. Upon adoption
of this resolution, the City Clerk shaH deliver a certified copy to the Town Clerk of
Redington Shores.
PASSED AND ADOPTED this
5 th day of Novpmh~r
, 1998.
Approved as to Form:
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John Carassas. Asst. City Attorney
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E Goudeau, cttY Clerk V
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Resolution 98.53
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, INTERLOCAL AGREEMENT REGARDING GAS SERVICE
BETWEEN THE TOWN OF REDINGTON SHORES, FLORIDA
AND THE CITY OF CLEARWATER, FLORIDA
THIS AGREEMENT, made and entered into this
day of
; 1998,
by and between the Town of Redington Shores, Florida, a Florida municipal corporation;
. by and through its Town Board of Commissioners (herein 'TOWN") and the City of .
Clearwater. a Florida municIpal corporation, by and through its City Commission (herein
welTY").
WIT N E S ,S E T H
WHEREAS, it is in the best interests of the citizens of TOWN to be provided gas
service whenever and wherever feasible; and,
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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 Interlocal 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 CITY have
determined it is in the best interests of both parties and their citizens for CITY to provide
gas service within the corporate limits of TOWN as defined herein.
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SECTION 2. RECITALS.
The recitals and findings contained above are hereby Incorporated within this
agreement In full.
SECTION 3. TERM; GRANT; DEFINITION OF GAS.
For ,8 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, any necessary right and authority to exercise the power to
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 hereafter supplied, or to be supplied, gas by CITY.
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The word RGas.shall mean natural gas and/or commingled gas which Is
distributed In pipes. ft shall not mean boUle gas or any other fuel; however, nothing
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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 CI1Y for gas service within the
corporate limits of TOWN during the term of this agreement shall be as provided In the
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CITY's rate schedule now or hereafter approved by CITYs City Commission, or as
modified by the City Manager, or other designated City official, to the extent City
Manager, 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
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 applied to rate payers within the corporate limits of the City
of Clearwater.
SECTION 5. ANNEXATION.
In the event of the annexation of any territory to the present corporate limits of
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 CITY in writing within thirty (30) days after the effective date of every such
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annexation. The CITY shall implement such annexation within thirty (30) days of the
receipt ofthe notice from the TOWN.
SECTION 6. EXTENSION OF SERVICE.
In consideration of the rights granted under this franchise and the duration of this
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franchise. the CITY agrees that its facilities to be Installed within the corporate limits of
TOWN will be expanded to provide 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 system-
wide as then administered by the CITY, but, at a minimum, shall be as follows:
Gas service shall be extended if the construction costs expended to
service such customer(s) including. but not limited to debt service, expensesl and cost
of fuel. will be recovered by CITY through rates paid by customer(s) within a maximum
of 7 years. If an application for gas service does not meet the 7-year payback period,
then, in such event, such customer(s), may make a lump sum contribution In aid of
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construction to allow the 7-year payback standard to be met.
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B.
In the event the system-wIde formula provides for a formula longer than
seven (7) years, that longer period shall be used.
SECTION 7. FORCE MAJEURE.
In the event by act of God, striket 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 interruptedt the CITY shall,. nevertheless,
continue to supply the available gas to such customers as It Is possiblet shall employ its
full services to remedy such deficiency of gas supply, and shall resume complete gas
service when that Is possible.
SECTION 8. COMPETITION.
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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.
Upon expiration of this agreement, or upon expiration of any extensions provided
for In this paragraph, said agreement shall automatically be renewed for five (5) year
periods until such time as the TOWN provides to CITY, prior to the end of the Initiaf term
or the end of any additional five (5) year periodt a six (6) months written notice of
TOWN's election not to extend the agreement for an additional five (5) year period.
Upon notification of non-ex1enslon, the CITY shall have1 for one (1) year from the end of
the term, the right, privilege and option of removing all agreement piping and equipment.
fn the event of the removal of such equipment, the CITY shafl repair all of the TOWN's
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property to the same condition as theretofore existed. CITY shall also have for a period
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of one (1) year ,after such termination, 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 for the granting of this franchise and the use of the rights-of-
way, easements and other public places allowed hereunder, the TOWN reserves the
right to charge a franchise fee and the CllY agrees to pay such franchise fee in an
amount not to exceed six percent (6%) of the gross receipts 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.
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Payment of the franchise fee by the CITY 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. SEVERABILITY.
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.
This agreement shall become effective upon the acceptance or this agreement
by appropriate act by CITY's governing board after adoptlon by TOWN's governing
board.
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IN WITNESS WHEREOF. REDJNGTON SHORES and CLEARWATER hereto
have executed this agreement on the day and year above written.
TOWN OF REDINGTON SHORES, FLORIDA'
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Mayor
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Attest:
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Countersigned:
, CITY OF CLEARWATER, FLORIDA
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Rita Garvey
, Mayor-Commissioner
Approved as to form:
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~ Carassas
Assistant City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
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