Loading...
CLEARWATER GAS .. . " cc, '. .' I 7: I ~ ~1{\ I ORDINANCE NO. 82-2 AN ORDINANCE OF THE CITY OF BELLEAIR BLUFFS, FLORIDA, GRANTING TO THE CITY OF CLEARWATER, FLORIDA, A MUNICIPAL CORPORATION, A FRANCHISE FOR THE PURPOSE OF FURNISHING GAS WITHIN THE CITY OF BELLEAIR BLUFFS. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BELLEAIR BLUFFS, FLORIDA: Section 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) The word "Grantee" shall mean the City of Clear- water, a municipal corporation, County of Pinellas, State of Florida, the corporation to which the franchise is granted by this Ordinance. (b) The word "Grantor" shall mean the City of Be1leair Bluffs, a municipal corporation of the State of Florida in its present incorporated form, or in any later reorganized consolidated or reincorporated form. (c) The word "Streets" shall mean the public streets, lanes, alleys, courts, bridges (excluding the area above the deck level 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 Be11eair Bluffs. (d) The word "Gas" shall mean natural gas and/or com- mingled gas and/or substitute therefor. (e) The phrase "Facilities or equipment" shall mean pipe, pipe line, tube , main, service, trap, vent, vault, manhole, meter, gauge, regulator, valve, conduit, appliance, attachment, appurtenances, and anYother personal property located or to be located in, upon, along, across, under or over the streets used or useful in the distribution of gas. Section 2. That the City of Clearwater, a municipal corpora- tion, existing under the laws of the State of Florida, of the County of Pinellas, and the State of Florida, hereinafter designated as the Grantee, be and it is hereby given and granted a non-assignable franchise, privilege and concession of furnishing gas containing not less than One Thousand (1000) British Thermal Units per cubic foot, within the City of Be11eair Bluffs, and to the inhabitants thereof, together with the right to use the streets, avenues, alleys, squares, parks, bridges, viaducts, or other public highways and grounds of said City as now laid out, or as hereafter may be extended and laid ...-} t -t e/v~~ r . ,- 7-/~'l...<J~jZ.(.,/I'U1. w1!1t' · j , !".../-:: (~i .M/L,i) v fo/17!Jl2- -1- / ;. () "-- " '0 .' I I out, for the purpose of laying and maintaining pipes and/or such other apparatus necessary to supply gas to the said City and to the inhabitants thereof, and to do all things necessary or expedient for the purpose of supplying gas within the said City and to its inhabi- tants, provided that the same shall not be in conflict with any of the terms and conditions of this franchise or reasonable ordinances of the City of Belleair Bluffs, 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. Section 3. The franchise, rights, and privileges hereby granted shall continue and be in force for the full statutory period of twenty (20) years from the date the franchise granted herein becomes effective. This franchise cannot be assigned without the approval of the grantor. Section 4. That the said Grantee shall furnish twenty four (24) hours of continuous service each and every day to any person within the City of Belleair Bluffs desiring the same and failure upon the part of the said Grantee to furnish gas as herein provided for any cause within the control of the said Grantee for a period of seventy two (72) hours shall act as a forfeiture of this franchise at the option of the City of Belleair Bluffs; provided, however, that the Grantee herein shall not be required to lay facilities or equipment beyond such point as it determines to be economically unfeasible, and unless the revenue from such additional facilities or equipment shall warrant such installation on a basis of reasonable compensation or return on Grantee's investment. Section 5. It is further provided that the said Grantee shall install the necessary facilities or equipment at its own cost and expense and that same shall be and remain the property of the said Grantee; and that Grantee's facilities or equipment and other physi- cal properties used in connection with the furnishing of gas under this franchise shall be free from any ad valorem tax of the City of Belleair Bluffs so long as the same remains the property of the City of Cl~arwater. Said mains shall be laid under ground and the said Grantee shall re-pave or re-lay, as promptly as possible, all -2- I I streets, lanes, alleys, sidewalks, squares or public places dug or disturbed by it in the installation of said mains or for any other purpose attending such work, and it shall repair and restore such streets, lanes, alleys, sidewalks and public places to their former and safe condition and with the same quality of material or its equivalent as was existing before said work commenced. Should the said Grantee neglect or refuse to restore or repair without de- lay after ten days written notice, any streets, alleys, lanes, squares, sidewalks or public places which may have been excavated, dug or disturbed by it, its employees or agents, then the said City of Belleair Bluffs shall have such repairs and restoration done and the expense incident thereto shall be paid by the said Grantee. Section 6. That nothing herein contained shall be so construed - as to render the said City of Belleair Bluffs anywise liable for any act of omission or commission of said Grantee, its officers, agents or employees in the execution or conduct of the work herein auth- orized and the said Grantee shall at all times indemnify and save harmless the said City of Belleair Bluffs against all damages, judg- ments, decrees and costs which may arise or accrue to the said City of Belleair Bluffs from injury to persons or property caused by the carelessness or neglect in the execution or conduct of the work here- inunder authorized or by the failure of the said Grantee, its offi- cers, agents or employees to comply with any reasonable ordinance, rule or regulation relative to streets and sidewalks or other public places now in force or hereinafter enacted. Section 7. That the gas to be furnished by the said Grantee shall in no case be of less quality than 1000 British Thermal Units per cubic foot, and shall be conducted through the pipes at a pressure sufficient to insure satisfactory operation. The said Grantee shall have the privilege and option of charging reasonable prices therefor, provided, however, that in no case shall the charge therefor be more than the applicable rates for comparable services then being charged consumers 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 to be no greater than for similar services, charges and fees in the City of Clearwater. -3- e, I I Section 8. That Grantor hereby reserves the right at and after the expiration of this grant to purchase the property of Grantee used under this grant, as provided by the laws of Florida, in effect at the time of Grantee's acceptance hereof, including Section 167.22 of Florida Statutes 1959, and as a condition precedent to the taking effect of this grant, Grantee shall give and grant to the Grantor the right to purchase so reserved. Grantee shall be deemed to have given and granted such right of purchase by its acceptance hereof, which shall be filed with the Grantor's clerk within thirty (30) days after the effective date of this franchise. Section 9. Upon the termination of this franchise, in the event the said City of Belleair Bluffs should not exercise its option to purchase-the said equipment, the said Grantee shall after thirty (30) days, have the right, privilege and option of removing said equipment, and in such event said Grantee shall in removing the same, repair all streets, all~ys, avenues, sidewalks and public places incident to re- moval, and replace the same in the same condition as theretofore existed. Section 10. The said Grantee shall at all times comply with all reasonable ordinances, rules and regulations enacted or passed by the City of Belleair Bluffs not in conflict with the terms of this franchise and the said Grantee shall have the right to make, esta- blish 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 City of Belleair Bluffs, and to protect itself from fraud or imposition and may, in its discretion, refuse to fur- nish gas and to cut off the supply from any customer or customers who are in default in payment of any bill rendered for such service. Section 11. The consideration for the granting of this franchise is the benefit which the public will derive from the use and exercise of said franchise by Grantee; and as a further consideration for the granting of this franchise, the Grantee shall, during the term of this franchise, pay to the City of Belleair Bluffs as a burden imposed by this ordinance and as one of the expressed conditions and consid- erations for the franchise, rights and privileges granted and con- ferred by this ordinance: -4- 11I\I"'I' .----.----.--.- . I I 4.0% of the gross receipts from the sale of gas in the City of Belleair Bluffs for the first ten (10) years of this franchise. 5.0% of the gross receipts from the sale of gas in the City of Belleair Bluffs for the last ten (10) years of this franchise. The said Grantee shall be required to keep proper books of account showing monthly gross receipts from the sale of gas within the corporate limits of the City of Belleair Bluffs, and shall make a statement in writing showing such receipts for each annual period ending December 31st of each and every year, and based on such state- ments shall make payment to the City of Belleair Bluffs for-the amount due. Section 12. As a 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 there- of in competition with the Grantee and further covenants and agrees to pass and adopt such reasonable ordinances and regulations as are required to assist and facilitate Grantee herein, in the performance of the terms of this franchise. Section 13. The franchise granted herein shall not become ef- fective in whole or in part until the City of Clearwater, the Grantee herein, shall by a resolution, duly passed and adopted by its Com- mission, 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 Commission of the City of Belleair Bluffs not in conflict with the terms of said franchise, a certified copy thereof to be delivered to the City Clerk of the City of Belleair Bluffs. Upon the receipt of a certified copy of the resolution aforesaid, this ordinance and the franchise therein provided shall become effective for all pur- poses therein provided for. -5- ~ .. . " ~ ' '" I I Section 14. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and the same are hereby repealed. Section 15. If any section or sections of this ordinance are declared invalid for any reason, such invalidity shall not affect the remaining sections thereof. Section 16. This ordinance shall become effective immediately upon its adoption according to law. PASSED ON FIRST READING February 15. 1982 PASSED ON SECOND AND FINAL READING AND ADOPTED March 15. 1982 ATTEST: k i.. ~~;//. J . c...~- ., /t-~ ~race W. Ru11son, City Clerk CERTIFICATION I HEREBY CERTIFY that the above and foregoing is a true and correct copy of Ordinance No. 82-2 adopted by the Bel1eair Bluffs City Commission on March 15, 1982. Dated this 16th day of March, 1982. ~' /1 .~--L/ /1. 7!('d~4-r-J / City Clerk -6- ~. _..L-..__""--4-' ci I\_",! '- ,I i ORDINANCE NO. 82-2 AN ORDINANCE OF THE CITY OF BELLEAIR BLUFFS, FLORIDA, GRANTING TO THE CITY OF CLEARWATER, FLORIDA, A MUNICIPAL CORPORATION, A FRANCHISE FOR THE PURPOSE OF FURNISHING GAS WITHIN THE CITY OF BELLEAIR BLUFFS. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BELLEAIR BLUFFS, FLORIDA: Section 1. Whenever in this Ordinance the words or phr~ses 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) The word "Grantee" shall mean the City of Clear- water, a municipal corporation, County of Pinellas, State of Florida, the corporation to which the franchise is granted by this Ordinance. (b) The word "Grantor" shall mean the City of Belleair Bluffs, a municipal corporation of the State of Florida in its present incorporated form, or in any later reorganized consolidated or reincorporated form. (c) The word "Streets" shall mean the public streets, lanes, alleys, courts, bridges (excluding the area above the deck level 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 Bluffs. (d) The word "Gas" shall mean natural gas and/or com- mingled gas and/or substitute therefor. (e) The phrase "Facilities or equipment" shall mean pipe,pipe line,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 streets used or useful in the distribution of gas. Section 2. That the City of Clearwater, a municipal corpora- tion, existing under the laws of the State of Florida, of the County of Pinellas, and the State of Florida, hereinafter designated as the Gr'antee, be and it is hereby given and granted a non-assignable franchise, privilege and concession of furnishing gas containing not less than One Thousand (1000) British Thermal Units per cubic foot, within the City of Belleair Bluffs, and to the inhabitants thereof, together with the right to use the streets, avenues, alleys, squares, parks, bridges, viaducts, or other public highways and grounds of said City as now laid out, or as hereafter may be extended and laid -1- --~ - -- -~...~ .1 I out, for the purpose of laying and maintaining pipes and/or such other apparatus Ilecessary to supply gas to the said City and to the inhabitants thereof, and to do all things necessary or expedient for the purpose of supplying gas within the said City and to its inhabi- tants, provided that the same shall not be in conflict with any of , the terms and conditions of this franchise or reasonable ordinances of the City of Belleair Bluffs, 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. Section 3. The franchise, rights, and privileges hereby granted shall continue and be in force for the full statutory period of twenty (20) years from the date the franchise granted herein becomes effective. This franchise cannot be assigned without the approval of the grantor. Section 4. That the said Grantee shall furnish twenty four (24) hours of continuous service each and every day to any person within the City of Belleair Bluffs desiring the same and failure upon the part of the said Grantee to furnish gas as herein provided for any cause within the control of the said Grantee for a period of seventy two (72) hours shall act as a forfeiture of this franchise at the option of the City of Belleair Bluffs; provided, however, that the Grantee herein shall not be required to lay facilities or equipment beyond such point as it determines to be economically unfeasible, and unless the revenue from such additional facilities or equipment shall warrant such installation on a basis of reasonable compensation or return on Grantee's investment. Section 5. It is further provided that the said Grantee shall install the necessary facilities or equipment at its own cost and expense and that same shall be and remain the property of the said Grantee; and that Grantee's facilities or equipment and other physi- cal properties used in connection with the furnishing of gas under this franchise shall be free from any ad valorem tax of the City of Belleair Bluffs so long as the same remains the property of the City of Clearwater. Said mains shall be laid under ground and the said Grantee shall re-pave or re-lay, as promptly as possible, all -2- ...'....-~ . . ,I I streets, lanes, alleys, sidewalks, squares or public places dug or disturbed by it in the installation of said mains or for any other purpose attending such work, and it shall repair and restore such streets, lanes, alleys, sidewalks and public places to their former and safe condition and with the same quality of material or its equivalent as was existing before said work commenced. Should the said Grantee neglect or refuse to restore or repair without de- lay after ten days written notice, any streets,alleys, lanes, squares, sidewalks or public places which may have been excavated, dug or disturbed by it, its employees or agents, then the said City of Belleair Bluffs shall have such repairs and restoration done and the expense incident thereto shall be paid by the said Grantee. Section 6. That nothing herein contained shall be so construed as to render the said City of Belleair Bluffs anywise liable for any act of omission or commission of said Grantee, its officers, agents or employees in the execution or conduct of the work herein auth- orized and the said Grantee shall at all times indemnify and save harmless the said City of Belleair Bluffs against all damages, judg- ments, decrees and costs which may arise or accrue to the said City of Belleair Bluffs from injury to persons or property caused by the carelessness or neglect in the execution or conduct of the work here- inunder authorized or by the failure of the said Grantee, its offi- cers, agents or empl<:>yees to comply with any reasonable ordinance, rule or regulation relative to streets and sidewalks or other public places now in force or hereinafter enacted. Section 7. That the gas to be furnished by the said Grantee shall in no case be of less quality than 1000 British Thermal Units per cubic foot, and shall be conducted through the pipes at a pressure sufficient to insure satisfactory operation. The said Grantee shall have the privilege and option of charging reasonable prices therefor, provided, however, that in no case shall the charge therefor be more than the applicable rates for comparable services then being charged consumers 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 to be no greater than for similar services, charges and fees in the City of Clearwater. -3- '. ,t- J I -4- .',-" ,/ " J I 4.0% of the gross receipts from the sale of gas in the City of Belleair Bluffs for the first ten (10) years of this franchise. 5.0% of the gross receipts from the sale of gas in the City of Belleair Bluffs for the last ten (10) years of this franchise. The said Grantee shall be required to keep proper bookS of account showing monthly gross receipts from the sale of gas within the corporate limits of the City of Belleair Bluffs, and shall make a statement in writing showing such receipts for each annual period ending December 31st of each and every year, and based on such state- ments shall make payment to the City of Belleair Bluffs for-the amount due. Section 12. As a 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 there- of in competition with the Grantee and further covenants and agrees to pass and adopt such reasonable ordinances and regulations as are required to assist and facilitate Grantee herein, in the performance of the terms of this franchise. Section 13. The franchise granted herein shall not become ef- fective in whole or in part until the City of Clearwater, the Grantee herein, shall by a resolution, duly passed and adopted by its Com- mission, accept the franchise, privileges and concession herein (;p~'antedand 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 Conunission of the City of Belleair Bluffs not in conflict with the terms of said franchise, a certified copy thereof to be delivered to the City Clerk of the City of Belleair Bluffs. Upon the receipt of a certified copy of the resolution aforesaid, this ordinance and the franchise therein provided shall become effective for all pur- poses therein provided for. -5- '::'..i' ,. " ' ~ . J I Section 14. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and the same are hereby repealed. Section 15. If any section or sections of this ordinance are declared invalid for any reason, such invalidity shall not affect the remaining sections thereof. Section 16. This ordinance shall become effective immediately upon its adoption according to law. PASSED ON FIRST READING February 15. 1982 PASSED ON SECOND AND FINAL READING AND ADOPTED March 15. 1982 ATTEST: k :/. . ~,e.~ ~. ~ G'race w. . RulJ.son, City Clerk CERTIFICATION I a. true : _!?~ th.e .~ .:1~8_z"... HEREBY CERTIFY that the above and foregoing is and correct copy of Ordinance No. 82-2 adopted Belleair Bluffs City Commission on March 15, ~ + .; '- ~ +/,-V_ ___:..-::- ::'Dat~d this 16th day of March, 1982. - , " -- ./~ . "-' -- '-' ,. "-':' -'- ~A-/ /I, ~ / City Clerk - . ,~,~ - -- -6-