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UTILITY - GAS (3) tII 411I, ORDINANCE NO. 340 AN ORDINANCE GRANTING TO THE CITY OF CLEARWATER, FLORIDA, A MUNICIPAL CORPORATION OF THE COUNTY OF PINELLAS AND STATE OF FLORIDA, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE FOR THE PURPOSE OF FURN- ISHING GAS WITHIN THE CITY OF DUNEDIN, FLORIDA, AND TO ITS INHABITANTS: AND TO PRESCRIBE THE LIMI- TATIONS, TERMS AND CONDITIONS OF SAID FRANCHISE. BE IT ORDAINED BY THE CITY COMMiSSION OF THE CITY OF DUNEDIN, 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 IIGrantee" shall mean the City of Clearwater, a municipal corporation, County of Pinellas, State of Florida, the corporation to which the franchise is granted by this Ordinance, and its lawful successors or assigns. (b) The word IIGrantor" shall mean the City of Dunedin, a municipal corporation of the State of Florida in its present incorpora- ted form, or in any later reorganized consolidated or reincorporated form. (c) The word IIStreetsll 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 grantor1s 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 Dunedin. (d) For the purpose of Section Eleven (11) of this franchise the word "industrial" shall mean service to a consumer at a single location where such consumer is engaged in an industrial enterprise in which such service is used primarily in the operation involving the extraction from or the processing, manufacture or fabrication of some material or product. -3 ~ II " (e) The word "Gas" shall mean nauural gas and/or commingled gas anq/or manufactured gas which is distributed in pipes. It shall not mean bottle gas or any other fuel. (f) 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 dis- tribution of gas. Section 2. That the City of Clearwater, a municipal corp- oration, existing under the laws of the State of Florida, of the County of Pinellas, and State of Florida, its successors and assigns, herein- after designated as the Grantee, be and it is hereby given and granted the franchise, privilege and concession of furnishing gas containing not less than One Thousand (1000) British Ther.mal Units per cubic foot, within the City of Dunedin, and to the inhabitants thereof, together with the right to use the streets, avenues, alleys, squares, bridges, viaducts, or other public highways and grounds of said City as now laid out, or as hereafter may be extended and laid out, for the purpose of laying and maintaining pipes anq/or such other apparatus necessary to supply gas to the said City and to the inhabitants thereof, subject to obtaining written approval of the City of Dunedin as to any proposed route or location of proposed facilities prior to installation. Grantee may do all things necessary or expedient for the purpose of supplying gas within the said City and to its inhabitants, provided that the same shall not be in conflict with any of the terms and conditions of this franchise or reasonable ordinances or directions of the City of Dunedin, 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. Should the City of Clearwater sell its facilities to any other person, firm or corporation during the life of this franchise, 2 ~/ -~ -- III the City of Dunedin may, at its option, cancel the same unless it shall have given its written consent to such purchase or transfer. At the execution of the within franchise, the City of Clear- water shall furnish to the City of Dunedin 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 from time to time to show changes. Should Grantee feel aggrieved by any regulation or restriction on location of facilities, then in such event, the within franchise may be cancelled by the Grantee upon ninety (90) days notice in writing ofasuch intention to cancel, and the alleged grievance shall be set forth in detail in such notice. Section 3. The franchise, rights, and privileges hereby granted shall continue and be in force for the period of Thirty years from the date the franchise granted herein becomes effective, to wit: January 1, 1960. Section 4. That the said Grantee, its successors or assigns shall furnish twenty-four (24) hours of continuous service each and every day to any person within the City of Dunedin 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 Dunedin. PROVIDED, HOWEVER, that the Grantee herein, its successors and assigns, 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. Grantee covenants and agrees that it will not arbitrarily or unreasonably refuse to make extensions when requested so to do by the City of Dunedin. The parties recognize that 3 - . the current policy of the City of Clearwater is to make extensions where the actual cost thereof can be amortized over a period of five (5) years. 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 Grantee1 and that Grantee's facilities or equipment and other physical properties used in connection with the furnishing of gas under this franchise shall be free from any ad valorem tax of the City of Dunedin as 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 streets, lanes, alleys, side- walks, 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. In all cases the repair work shall be made passable to traffic during y conduct of such work as soon as pbhsically possible. Should the said Grantee neglect or refuse to restore or repair without delay after completion of installation and after ten (10) 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 Dunedin shall have such repairs and restoration done and the expense incident thereto shall be paid by the said Grantee. Should, in connection with the doing of any public improve- ment or other exercise of the powers of the City by Grantor, it became necessary or desirable to relocate installed facilities of the Grantee, then Grantee covenants and agrees to promptly, at its own expense, relocate said facilities. Should it become necessary in the installation of gas lines or facilities to relocate water or sewer lines of the City of Dunedin 4 -~ -- -- now or hereafter insta11ed, then such work sha11 be done at the expense of the Grantee and not the Grantor. It is understood that in all instances the facilities of the City of Dunedin shall have the right- of-way and preference over that of the Grantee herein. Section 6. That nothing herein contained shall be so construed as to render the said City of Dunedin 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 authorized and the said Grantee shall at all times defend against and indemnify and save harmless the said City of Dunedin against all damages, judgments, decrees and costs which may arise or accrue to the said City of Dunedin from injury to persons or property caused by the carelessness or neglect in the execution or conduct of the work hereinunder author- ized or by the failure of the said Grantee, its officers, 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, its successors and assigns shall in no case be of less quality than 1000 British Thermal Units per cubic foot, and sha1l be conducted through the pipes at a pressure sufficient to insure satisfactory operation. The said Grantee sha11 have the privilege and option of charging reasonable prices therefor, provided, however, that in no case sha11 the charge therefor be more than the app1icable rates for the same services then being charged consumers in the City of Clearwater, Florida. The Grantee sha1l have the further right and privi1ege 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, Florida. Section 8. That Grantor hereby reserves the right at and 5 . . to furnish gas and to cut off the sppp~y 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 Grantee1 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 Dunedin as a b~rden imposed by this ordinance and as one of the expressed conditions and considerations for the franchise, rights and privileges granted and conferred by this ordinance: ~~ of the gross receipts from the sale of gas in the City of Dunedin for the first ten (10) years of this franchise. 3% of the gross receipts from the sale of gas in the City of Dunedin for the next succeed- ing ten (10) years of this franchise. 4% of the gross receipts from the sale of gas in the City of Dunedin for the last ten (10) years of this franchise. In computing the gross receipts from the sale of gas in the City of Dunedin, during the term of this franchise, all revenues received from gas delivered to and consumed by industrial gas customers shall be excluded. 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 Dunedin, 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 statements shall make payment to the City of Dunedin for the amount due. Section 12. As a further consideration of this franchise, Grantor agrees not to engage in the business of distributing and 7 , , . c ~ .. " . selling gas as defined herein, during the life of this franchise or any extension thereof in competition with the Grantee, its successors and assigns, and further covenants and agrees to pass and adopt such reasonable ordinances and regulations as are reasonably required to assist and facilitate Grantee herein, its successors or assigns in the performance of the terms of this franchise. Grantee herein shall reimburse and pay to Grantor all reason- able expenses incurred by Grantor in the conducting of any special elections which might be required by the charter of the Grantor in connection with this franchise. Section 13. The franchise granted herein shall not become effective in whole or in part until the City of Clearwater, the Grantee herein, shall by a resolution, duly passed and adopted by its City 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 agree- ment to comply with all reasonable ordinances passed by the City Commission of the City of Dunedin not in conflict with the terms of said franchise, a certified copy thereof to be delivered to the City Clerk of the City of Dunedin. Upon the receipt of a certified copy pf the resolution aforesaid, this ordinance and the franchise therein provided shall become effective for all purposes therein provided for, as of January 1, 1960. section 14. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and the same are hereby repealed. S.A. Davis Mayor-Commissioner ATTEST: w. Lovett Douqlas City Clerk-Auditor PASSED ON FIRST READING PASSED ON SECOND READING PASSED ON THIRD AND FINAL READING AND ADOPTED - April 25,1960 - April 25,1960 - september 7, 1960 8 .-..ottr:.i..~ --