93-667
j'
RESOLUTION NO. 93 -66
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA,
ACCEPTING THE FRANCHISE, PRIVILEGE AND CONCESSION OF THE
CITY OF BELLEAIR BEACH, FLORIDA, FOR THE PURPOSE OF
FURNISHING GAS WITHIN THE CITY OF BELLEAIR BEACH AND TO
ITS INHABITANTS; PROVIDING AN EFFECTIVE DATE.
WHEREAS, a new gas system franchise has been approved by the adoption of
Ordinance No. 93.07 of the City of Belleair Beach on August 2, 1993, a copy of
which is attached to this resolution and incorporated herein by reference; and
WHEREAS, the terms and conditions of the gas system franchise are
acceptable; now, therefore,
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 City-of Belleair Beach, Florida, by the adoption
of Ordinance No. 93.07 of the City of Belleair Beach, are 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 with all reasonable ordinances
adopted by the City Council of the City of Belleair 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 City Clerk of the City of Belleair Beach.
PASSED AND ADOPTED this 18th day of October , 1993.
Attest:
O�'ALL
Cyn �a E. Goudeau
Cit. Clerk
Rit Garvey
Mayor- Commissioner
ORDINANCE 93.07
AN ORDINANCE GRANTING TO THE CITY OF CLEAR -
WATER, FLORIDA, A MUNICIPAL CORPORATION OF
THE COUNTY OF PINELLAS AND THE STATE OF
FLORIDA, ITS SUCCESSORS AND ASSIGNS, A FRAN-
CHISE FOR THE PURPOSE OF FURNISHING GAS
WITHIN THE CITY OF BELLEAIR BEACH, FLORIDA,
AND TO ITS INHABITANTS: PRESCRIBING THE
LIMITATIONS, TERMS AND CONDITIONS OF SAID
FRANCHISE; AND PROVIDING FOR THE. EFFECTIVE
DATE HEREOF.
THE CITY OF BELLEAIR BEACH, FLORIDA, HERESY ORDAINS:
1. Whenever in this ordinance the words or phrases hereafter in this
section defined are used, they shall have the respective meanings
assigned 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 mean the City of Clearwater, a Florida
municipal corporation, in its present incorporated, or
reincorporated to which the franchise is granted by this
ordinance, its successors and assigns.
(b) "Grantor" shall mean the City of Belleair Beach, a Florida
municipal corporation, in its present incorporated form, or
as it may subsequently be reorganized, expanded by annexa-
tion, consolidated or reincorporated.
(d) The word "Street" shall mean the public street, lanes, al
leys, courts, bridges (excluding the area above deck of 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 City of
Belleair Beach, together with rights -of -way or easements for
street or utility purposes; the rights in said streets being
subject to the ordinances presently controlling right -of -way
and easements within the City as such ordinances now exist
or may be amended in the future.
(d) The word "Gas" shall mean natural gas and /or commingled gas
and /or manufactured gas which is distributed in pipes. It
shall not mean bottle gas or any other fuel.
(e) The word "facilities or equipment" shall mean pipe, pipe-
line, tube, main, service, trap, vent, vault, manhole,
meter, gauge, regulator, valve conduit, appliance attach-
ment, appurtenances, and any other personal property located
or to be located in, upon, along, across, under or over the
Grantor's streets used or useful in the distribution of gas.
2. That the Grantee is hereby granted a non - exclusive franchise,
privilege, and concession to furnish gas within Grantor's munici-
pal limits, together with the right to use Grantors' streets,
ORD93.07
Q0- a
PAGE 1
avenues, alleys, squares, bridges, viaducts, uL.ility easements,
public rights -of -ways and other easements for the purpose of
laying and maintaining pipes and/or such other apparatus neces-
sary to supply gas to Grantor's inhabitants, and to do all things
reasonably necessary to supply gas to its customers, not other-
wise in conflict with any of the terms and conditions of this
franchise or ordinances or Grantor. Grantee shall locate all
facilities and equipment so that such will not interfere with
Grantor's use of its streets and its utilities, and shall not
cause a hazard to the public health, safety, welfare, and aes-
thetics of Grantor, or inconvenience any of the property owners
contiguous thereto. The Grantee shall obtain written approval
in the form of a utility permit from the Grantor as to any pro -
posed route, design or location of proposed facilities prior to
installation. Grantee may do things necessary for the purpose of
supplying gas within the said City and to its inhabitants, pro-
vided that the same shall not be in conflict with any of the
terms and conditions of this franchise or reasonable ordinances,
policies or directions of Grantor, and provided that the remains
installed and used for the purpose of supplying said gas shall be
laid in the manner provided in this franchise and in accordance
with the utility construction permits issued by Grantor.
At the execution of the within franchise, the Grantee shall
furnish to the Grantor a current and accurate map showing in
detail the location of each gas facility owned by the Grantee,
and thereafter shall keep such map in current condition with
information provided not less often than annually to show changes
and shall update such map not less frequently than annually to
show changes and shall supply such current map on or before the
yearly anniversary of this franchise.
3. The franchise, rights and privileges hereby granted shall contin-
ue and be in force for the period of ten (10) years from the date
the franchise drafted herein becomes effective, to wit: August
10, 1993.
4. This franchise is granted upon condition that the Grantee agrees
to maintain and supply sufficient quantities of gas to meet the
needs and requirements of its customers in the City. The quality
of gas shall at a minimum meet the standards set for it by the
Public Service Commission. 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 Grantee or its interstate
supplier or by reason of the regulation exerted by Florida Public
Service Commission or the Federal Energy Regulatory Commission or
other regulatory body having jurisdiction in the premises, the
supply of gas should be interrupted, the Grantee shall, neverthe-
less, continue to supply the available gas to such customers as
it is possible, and shall employ its full services to remedy such
deficiency of gas supply, and shall resume complete gas service
when that is possible.
In consideration of the rights granted under this franchise and
the duration of this franchise, the Grantee agrees that.its
facilities within the City of Belleair Beach will be expanded to
provide service to new customers on the terms and Conditions
ORD93. U7
tv W
PAGE 2
hereinafter set forth. The Grantee's failure to expand its
facilities and services to its customers within the City of
Belleair Beach shall be deemed to be a material breach of this
Agreement. 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 formulas shall
be the formula currently in effect system -wide as then admin-
istered by the Grantee, but as a minimum shall be as follows:
.37 (EAR) - .05 (Const. Cost)
(Gonst. Cost) (1.00) = 20.0% = 5 years
In the event that the system -wide formula provides for a
formula longer than five (5) years, that longer period shall
be used.
B. The Grantee shall implement and shall continue all aspects of
its marketing and sales programs to promote the use of natu-
ral gas and expand the customer base within the Belleair
Beach service area. Such marketing and sales plan shall
include at least the following elements:
i. Periodic direct mail and door -to -door informational
solicitation,
ii. The offering of free water heaters or other incentives
along existing gas lines to increase new hook -ups;
iii. Solicitation of potential customers through the use of
direct mail, door hangers and other information re-
flecting energy saving opportunities,
iv. The utilization of messages and inserts in utility
bills, increased advertising in local newspapers and
on cable television outlets.
The expansion of the use of natural gas within the Belleair
Beach service area in accordance with the above standards
shall be deemed to be a material element of this franchise.
5. The Grantee shall install the necessary facilities or equipment
at its own cost and expense and the same shall be and remain the
property of the Grantee. All mains and pipelines shall be laid
underground. Grantee shall restore, repave or relay, as promptly
as possible, all streets, lanes, alleys, sidewalks, rights -of-
way, easements and other 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 is physically
possible. Any traffic disruption shall be coordinated with the
police department of Grantor. Grantee shall obtain a permit from
Grantor, without charge, prior to the construction or installa-
tion of any facilities or equipment, and supply Grantor with
OPD93.07
PAGE 3
updated as -built atlas sheets, and drawings of ali such facilities
or equipment. Grantor shall issue such permit within forty -eight
(48) hours or such longer time as is reasonable under the circum-
stances from application therefore by Grantee. Should Grantee
neglect or refuse to restore or repair without delay after com-
pletion of installation and after ten (10) calendar days' written
notice to Grantee, aiiy streets, alleys, lanes, squares, side-
walks, rights -of -way, easements or other public places which may
have been excavated, dug or disturbed by it, then the Grantor may
have such repairs and restoration done, and the expenses incident
thereto shall be paid by the Grantee. Grantee shall secure and
otherwise make safe the secured area so excavated, dug or dis-
turbed by it and shall hold Grantor harmless from any loss or
damages arising from injury to persons or property in such area.
Whenever, by reason of establishing a grade or by reason of
changes in the grade of any street, or by reason of widening,
grading, paving or otherwise improving present or future streets
or highways or in the location or manner of construction of any
water pipes, electric conduits, sewers, or other underground
structure, it shall be deemed necessary by the Grantor, to alter,
change, adapt, or conform the mains, pipelines, service pipe, or
other apparatus or appurtenances of the Grantee hereto, such
alterations, or changes, shall be made by the Grantee as ordered
in writing by the Grantor, without claim for reimbursement or
compensation for damages against the Grantor. If the Grantor
shall require the Grantee to adapt or conform its pipelines,
pipes, structures, or apparatus, appurtenances or other appli-
ances, or in any way to alter, relocate or change its property to
enable any other person or corporation except the Grantor and any
other agency exercising powers and duties of the Grantor, Pinel-
las County or the State of Florida to use said street or highway,
the Grantee shall be reimbursed by the person or corporation
desiring or occasioning such change, alteration or relocation of
Grantee's property. The Grantee further agrees that it shall not
interfere with, change, or injure any water pipes, drains or
sewers of the Grantor unless it has received specific permission
from the Grantor.
6. Nothing herein contained shall be so construed as to render the
Grantor anywise liable for any act or omission or commission of
said Grantee, its officers, 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 of work hereinunder author-
ized or by the failure of Grantee, its officers, agents or em-
ployees, to comply with any reasonable ordinance, rule or regula-
tion relative to streets and sidewalks or other public places now
in force or hereinafter enacted. In no event shall Grantor, its
employees or agents, be construed as the agent of the Grantee or
its employees or agents.
7. The gas to be furnished by Grantee, its successors and assigns
shall in no case be of less quality than 1000 British Thermal
Units per cubic foot, and shall be conducted through the pipes at
ORD93.07
PAGE 4
a pressure sufficient to insure satisfactory operation. The
Grantee shall have the privilege and option of charging reasona-
ble prices therefore, provided, however, that in no case shall
the charge therefore exceed the applicable rates for the same
services than being charged Grantee's customer in the City of
Clearwater, Florida. 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 in the City
of Clearwater, Florida, except that they shall additionally
include the franchise fees as shown in Section'10 of this agree-
ment.
8. Upon expiration of the franchise, Grantee agrees to continue
operation at the option of the Grantor up to one (1) year and pay
the same franchise fees as were in existence for the last period
of the franchise.
9. The Grantee, its successors or assigns, shall at all times comply
with all reasonable ordinances, rules and regulations enacted or
passed by Grantor, and the provisions of this franchise shall be
modified accordingly. The 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 of any bill rendered for such
service or to discontinue service for other reasonable grounds,
according to the same procedure as Grantee provides for 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 fran-
chise customers upon demand.
10. In consideration for the granting of this franchise and the use
of the rights -of -way, easements and other public places allowed
hereunder, the Grantee shall pay to the Grantor five percent (5%)
of the gross receipt from the sale of gas within the corporate
limits of Grantor for the term of this franchise or as otherwise
established by subsequent ordinance of the City Commission. Such
amended franchise fee shall be implemented to be the Grantee no
later than thirty (30) days from the date of the delivery of
written notification to the Grantee of such franchise fee change,
said written notice to be accompanied by a copy of the adopted
ordinance. Such payment shall be made on a quarterly basis.
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 statement 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 customers in the franchise fee payments.
ORD93.07
(PAGE 5
��4p
y11. Upon expiration of this franchise, said franchise shall automati-
cally be renewed on a day -to -day basis until such time as the
Grantor refuses renewal. Upon notification of non - renewal, the
Grantee shall, after thirty (30) days have the right, privilege
and option of removing all franchise piping and equipment, unless
the option to purchase such equipment has been exercised by the
Grantor. In the event of the removal of such equipment, the
Grantee shall repair all of the Grantor's property to the same
condition as theretofore existed.
12. As further consideration of this franchise, Grantor 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 Grants -:, its successors and assigns.
13. 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, privileges 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 City Council of the City of Belleair
Beach not in conflict with the terms of said franchise, a certi-
fied copy thereof to be delivered to the City Clerk of the City
of Belleair Beach. Upon the receipt of a certified copy of the
resolution aforesaid, this ordinance and the franchise therein
provided shall become effective for all purposes therein provided
for, as of aleja524-
14. That all ordinances or parts of ordinances in conflict with the
provisions of this ordinance be and the same are hereby repealed.
If any section or sections of 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 of this ordinance is material to the franchise, and
default in the performance of any such provision shall be grounds
for the termination of this franchise.
15. This ordinance shall become effective immediately upon final
passage and adoption.
PASSED AND ADOPTED on first reading this //i 't day of 1993.
PASSED AND ADOPTED on final reading this aid day of '(S 1993.
Presiding OfficJer James Allen WaldrOlp
APPROVED: -
ATTS
Mayor William L. Atte erry .Ty Mq can - City Clerk
ORD93.07 PAGE
_.l
STATE OF FLORIDA, COUNTY OF PINELLAS r
On this :y=1 '�% , 1993, I attest that the preceding
or attached documgn is,a true, exact, complete, and unaltered
photocopy of Y / /�-E7. c f% r� `7. r� made by me from
the original. %
NOTARY SIGNATURE _ _. DATE `
'f
TITLE OR FLANK SEAL:
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