CLEARWATER GAS (3)
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RESOLUTION NO. 96-01
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A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA,
ACCEPTING ORDINANCE NO. 601 ADOPTED BY THE CITY OF
INDIAN ROCKS BEACH; AGREEING TO COMPLY WITH THE
TERMS THEREOF, INCLUDING ALL REASONABLE
ORDINANCES ADOPTED BY THE GRANTOR OF THE
FRANCHISE WHICH ARE APPLICABLE TO THE FRANCHISE
ACTIVITY AND NOT IN CONFLICT WITH THE TERMS OF THE
FRANCHISE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater, Florida, functions as a utility for the purposes of
providing gas service; and
WHEREAS, the City of Indian Rocks Beach, Florida, has granted to the City of Clearwater
the right to make gas service available in the City of Indian Rocks Beach as set forth in Ordinance
No. 451 as adopted by the City of Indian Rocks Beach on May 16, 1988; and
WHEREAS, the City of Indian Rocks Beach has amended Ordinance No. 451 as set forth
in Ordinance No. 601 as adopted by the City of Indian Rocks Beach; and
WHEREAS, in order to make such amendment to the Franchise Agreement effective, this
resolution must be adopted; now, therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The City of Clearwater hereby accepts the amendment to the Franchise
Agreement as set forth in Ordinance No. 601 adopted by the City of Indian Rocks Beach, Florida,
on November 15, 1995, a copy of which is attached to this resolution as exhibit A.
Section 2. The City of Clearwater agrees to comply with the tenns and conditions of
Indian Rocks Beach Ordinance No. 601, as it amends Indian Rocks Beach Ordinance No. 451,
Section 5, and further agrees to comply with all reasonable ordinances of the City of Indian Rocks
Beach applicable to the activity pennitted by the Franchise where such ordinances do not conflict
with the tenns of such Franchise.
Section 3. A certified copy of this resolution shall be delivered to the City Clerk of the
City of Indian Rocks Beach, Florida, promptly following its adoption.
PASSED AND ADOPTED this 4th
day of Januarv
,1996.
Attest:
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ORDINANCE NO. 601
AN ORDINANCE OF THE CITY OF INDIAN ROCKS BEACH, FLORIDA,
AMENDING ORDINANCE NO. 451, GRANTING TO THE CITY OF
CLEARWATER, FLORIDA, A MUNICIPAL CORPORATION, A FRANCHISE
FOR THE PURPOSE OF FURNISHING GAS WITHIN THE CITY OF INDIAN
ROCKS BEACH, SECTION 5; UNTITLED, BY PROVIDING FOR THE
GRANTING OR DENYING OF PERMIT(S) WITHIN 10 WORKING DAYS
FROM APPLICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR
THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH, TO THE EXTENT OF SUCH CONFLICT; AND
PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF INDIAN ROCKS
BEACH, FLORIDA:
SECTION 1. Ordinance No. 451 of the City of India,n Rocks Beach, Florida, is hereby
amended to read as follows:
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"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
physical 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 property. All mains.
and pipelines 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 schedule. Grantee shall restore
such streets with the same quantity and quality 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 isstie either grant or deny such permit within tt-,cnty four (24) hours
ten ( 1 Q) working davs from application therefor by Grantee. Should
Grantee fail or refuse to restore or repair such property withiQ such
period of 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 shall pay the other for all costs incident
thereto. "
SECTION 2. If any portion, part or section of this ordinance is declared invalid, the
valid remainder hereof shall remain in full force and effect.
EXHIBIT A
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SECTION 3. All ordinances, or parts of ordinances, in conflict herewith are hereby
repealed, to the extent of such conflicts.
SECTION 4. This ordinance shall become effective immediately upon final passage as
required by law.
PASSED ON FIRST READING:
October 1 8. 1995
OFFICIAL PUBLICATION DATE:
November 5, 1995
PASSED AND ADOPTED ON
SECOND AND FINAL READING:
November 15, 1995
ATTEST:
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Robert H. DiNicola, Mayor/Commissioner
ORDINANCE NO. 601
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