96-01,�--�i
RESOLU710N NO. 96-01
A RESOLUTION OF THE CIIY OF CLEARWATER, FLORIDA,
ACCEPTING ORDINANCE NO. 601 ADOPTED BY THE CITY OF
INDIAN ROGKS BEACH; AGREEING TO COMPLY WITFi THE
TERMS THEREOF, INCLUQING ALL RF�4SONABLE
ORDINANCES ADUPTED BY THE GRANTOR QF THE
FRANChiSE WHICH ARE APPLICABLE TO THE FF2ANCHISE
ACl"lVilrY AND NOT IN CONFLICT WITH TNE TERMS OF THE
FRANCHISE; PROVIDING AN EFFECTIVE DATE.
WNEREAS, 4h� City of Clearwater, Fioritla, functions as a utility for the purposes of
providing gas service; and �
Wi-lEREAS, the City of Indian Rocks Beach, Florida, has granted to the City of Clearwater
th� righ4 to make gas service availabl� in fihe City of Indian Rocks Beach as set forth in Ordinance
Alo. �451 as adopt�d by the City of indian Rocks Beach on May 16, 1988; and
Wt-BEFtEA s, the City af Indian Rocks Beach has amended Ordinance No. 451 as set forth
in C3rdina�ce No. 601 as adopied by fihe City of Indian Rocks Beach; and
VilNEREAS, in order to make such amendment to the Franchise Agreement effective, this
resolution must be adopted; now, fherefore,
BE IT RESOLVED BY THE CITY COMMISSlON OF THE CITY OF
CLEARWATER, FLORIDA:
�sction 1. The City of Clearwater hereby accep4s the amendment 4o the Franchise
Agre�ment as set fiorth in Ordinance No. 601 adopted by the City of Indian Rocks Beach, Ftorida,
on November 15, 1995, a cnpy of which is atfiached to this resolution as exhibit A.
�.ti�rr 2. The City of Clearwater agrees to comply with the terms and condifiions of
Jndian Rocks B�ach C�rdinance No. 601, as it amends Indian Rocks Beach Ordinance No. 451,
Section 5, ae�d further agrees to comply vuith all rea§onable ordinances of the City of Indian Rocks
�3each applicablc� ta the aciivity permitted by the Franchise where such ordinances do not conflict
�nrith the terms of such Franchise.
$ection 3 A certified copy of this resolution shall be delivered to the City Clerk of the
Cifyr �f indian Rocks Beach, Florida, promptly following its adoption.
PASSED AIVD ADOPTED this 4th day of _ Januarv , 1996.
Rita Garvey, Mayor-Commissio' r
Attest:
` L.
Cynt ' E, Goudpau, City Clerk
�� �-0i
x �
0
�
� a
� c
�
� a c
� � :
�
�
��
�
w
��
�
p�
�
cwo
�
�
��
�
�
ORDINANCE NO. 601
��
AN ORDIR!/�NCE OF THE CiYY OF INDIAN �iOCKS BEACH, FLO�iIDA,
AMENDING OR�INANCE NtJ. �&51, GRANTING TO THE CITY OF
CLEARlAl�4�'ER, FLORID�9, A! fViUNiCIPA►! GOFdPORAIiIOR�, A FRANCHISE
FOR TFiE E�dJRP'OSE OF FURI4lO,�eHONfa i'a�6S 1NIT!-81iV THE C9Y1� OF IIND[AN
RO�CiC� ��ACH, SECiION �; UN�'ITLED, �Y PRl]lil�lNC; FOR THE
GRANFING OR [3ENYINC OF PERMIT(S) WITHiN 10 Vl4C9FiiCING DAYS
FROI�i APP�ICATIORI; PROVI�ING FOR SEVERA�9LBiY; �ROVIDINC� FOEi
T9iE REE�E�e►L OF Ol�i)9f�I�a6VCE5 OR PAF87's�° OF ORDBII9/�fi��E$ 1111
CORlFLIC7' h0L6%EWITH, TO THE EXl'EMT OF SUCH CONFLIC�; AND
PROVlDIN4a FOR ,4N fFFECT6VE DATE.
�E 17 ORDAINELI ��f iHE GITI( COMM!$SION OF �'HE CITY OF INDIAN ROCKS
���lCH, �LQRlDA:
SECTIOR! 1. Ordinance iVo. 451 of the City of Indian Rocks Beach, Florida, is hereby
amended to read as follows:
•F�'�-.--,.
"SECTION 5. Grantee shall install the necessary facilities or equipment
at its own cost and expense and the same shall be and remain the
property of Grantee, and Grantee's facilities or equipment and other
physica! properties used in connection with the furnishing of gas under
this franchise shall be free from any ad valorem and occupational license
tax of Grantor so long as such remains Grantee's pro�erty. Alt mains
and pipeline� shall be laid underground. Grantee shall repave or relay,
within ten (10) days, all streets disturbed by Grantee for any reason
unless there is a previously-approved schedufe. Grantes shall restore
such streets with the same quantity and quaiity of material, or its
equivalent, as existed prior to the commencement of such work.
Grantee shall obtain a permit from Grantor, without charge, prior to the
construction or installation of any facilities or equipment, and supply
Grantor with as-built drawings of all such facilities or equipment. Grantor
shall isstt� either grant or denv such permit within
ten t1Q) working davs from application therefor by Grantee. Should
Grantee fail or refuse to restore or repair such property within such
period af time, then Grantor, after ten (10) days written notice to
Grantee, shall have such repairs and restoration done and the expen es
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 shal) pay the other for all costs incident
thereto."
SECTION 2. If any portion, part or section of this ordinanc� is declared invalid, the
valid remainder hereof shall remain in full force and effect.
�xxiBiT n
�'la�d�
.�+.
'L r� 1
SECTION 8. All ordinances, or parts of ordinances, in conflict herewith are hereby
repealed, to the extent of such conflicts.
SECi'I�N 4. This ordinance shall become effective immediately upon finai passage as
required by law.
PASSED ON FIRST READING: Octaber 18. 1995
OFFICIAt PUBLICATION DATE: November 5. 1995
PASSED AND ADOPTED ON
SECOIVD AN� FINAL READING: November 15. 1995
� ,
Robert H. DiNicola, Mayor/Commissioner
AT�'EST:
� � � � ,IL � C �:(�,C
Deanne �ulino 0'Rei iy, CMC, City Cle k
CiRDINANCE NO. 601
�2.
�C�-�l