CLEARWATER GAS
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RESOLUTION
No. 88 - 28
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA, ACCEPTING THE GAS
FRANCHISE CONTAINED WITHIN ORDINANCE NO. 451
ADOPTED BY THE CITY OF INDIAN ROCKS BEACH, AND
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.
WHEREAS, the City of Clearwater, Florida, functions as a utility for the purpose
of providing gas service; and
WHEREAS, the City of Indian Rocks Beach has offered a franchise to the City of
Clearwater 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,
1988jand
WHEREAS, in order to make such franchise effective, this resolution must be
adoptedj now therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The City of Clearwater, Florida, hereby accepts the franchise,
including the privileges and concessions contained therein, as set out in Ordinance No.
451 adopted by the City of Indian Rocks Beach, Florida, on May 16, 1988, a copy of
which is attached to this resolution as Exhibit A.
Section 2. The City of Clearwater, Florida, agrees to comply with the terms and
conditions of such franchise and further agrees to comply with all reasonable
ordinances of the City of Indian Rocks Beach applicable to the activity permitted by
the franchise where such ordinances do not conflict with the terms 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.
Section 4. This resolution shall take effect immediately upon upon its adoption.
PASSED AND ADOPTED this 7th
, 1988.
Attest:
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. '~jj~V_ C ,_ /~1.,J'q -"--_
Cit Clerk
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ORDINANCE NO. ~I
AN ORDINANCE OF THE CITY OF INDIAN ROCKS
BEACH, FLORIDA, 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 AND
PROVIDING FOR AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF INDIAN ROCKS BEACH, IN SESSION DULY
AND REGULARLY ASSEMBLED:
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) Grantee - the City of Clearwater, a Florida
municipal corporation, in its present
incorporated form, or as may subsequently be
reorganized, consolidated, or
reincorporated.
(b) Grantor - the City of Indian Rocks Beach, a
Florida municipal corporation, in its
present incorporated form, or as may
subsequently be reorganized, consolidated or
reincorporated, and to all inhabitants and
properties therein.
(c) Streets - all public streets, rights-of-way,
lanes, alleys, courts, bridges (excluding
the area above deck level).
(d) Gas natural gas, commingled gas, or any
reasonable substitute therefor.
(e) Facilities or equipment pipe, pipeline,
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 Grantor's
streets, and used or useful in the
distribution of gas.
(f) Gross receipts from the sale of gas all
revenues received by Grantee as a result of
the sale of gas to the Grantor.
Section 2.
Grantee is hereby granted a franchise.
privilege,
and concession to furnish gas to Grantor,
together with the right to use Grantor's streets and
easements for the purpose of laying and maintaining pipes,
or such other apparatus necessary to supply gas to Grantor,
and to do all things reasonably necessary to supply gas to
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EXHIBIT A
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Grantor, not otherwise in conflict with any of the terms and
-,
conditions of this franchise or reasonable ordinances of
Grantor.
Grantee shall locate all facilities and equipment
so that such will not interfere with Grantor's use of its
streets, and shall not cause a hazard to the public health,
safety, welfare, and aesthetics of Grantor, or inconvenience
any of the property owners contiguous thereto.
This
franchise shall also constitute an interlocal agreement
under Chapter 163, Florida Statutes, pursuant to which
Grantor agrees that Grantee shall exercise any or all powers
vested in Grantor pursuant to Chapter 180, Florida Statutes,
necessary or desirable in furnishing gas service pursuant to
this franchise.
Section 3.
The franchise, rights and privileges
hereby granted shall continue and be in force for the period
of thirty (30) years from the date the franchise granted
herein becomes effective.
This franchise or any interest
therein may not be assigned without the prior approval of
Grantor.
Section 4.
Grantee shall furnish twenty-four (24)
hours of continuous daily service to each person within
Grantor desiring such service.
Failure of Grantee to
furnish gas to any such person for any cause within its
control for a period of seventy-two (72) hours shall act as
a default of this franchise at the option of Grantor.
Grantee may be liable for damages for failure to provide
service to any of its consumers, as such may be provided
between
individual
contracts
between
Grantee
and
its
consumers; provided, however, that Grantee shall not be
required to lay facilities or equipment beyond such point as
it determines to be economically feasible, 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.
Such policy
shall be the same as Grantee applies \vithin the City of
Cleanvater.
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necessary
Section
5.
Grantee
shall
install
the
facilities or equipment at its own cost and expense and the
same shall be and remain the property of Grantee, and
Grantee's
facilities
equipment
and
other
physical
or
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,
its equivalent,
as existed prior to the
or
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 issue such permit within twenty-
four (24) hours from application therefor by Grantee.
Should
Grantee fail or ,refuse to restore or repair such property
within such period of time, then Grantor, after ten (10) days
written notice to Grantee,
shall have such repairs and
restoration done and the expenses 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 6.
Nothing herein contained shall be so
construed as to render the Grantor 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. Grantee shall at all times indemnify and
save Grantor harmless against all damages, judg~ents, 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 the work hereinunder authorized
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or by the failure ofl Grantee, its officers, agents 01
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. In no event
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shall Grantor, its employees or agents, be construed as the
agent of the Grantee or its employees or agents.
Section 7. The gas to be furnished by 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 Grante~ shall have the privilege and option
of charging reasonable prices therefor, provided, however,
that in no case shall the charge therefor exceed $.035 per
therm more than the retail price of. Grantee's consumers in
the City of Clearwater, plus franchise fees as shown in
Section 9 of this agreement. Grantee shall have the further
right and privilege of collecting reasonable service charges
and connection fees, provided, however, such charges and
fees are no greater than for similar services, charges and
fees to any of Grantee's other consumers, plus travel
expenses to be agreed to between the parties from time to
time.
Section 8. Grantee shall at all times comply with
all reasonable ordinances, rules and regulations enacted or
passed by the Grantor not in conflict with the terms of this
franchise. 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. Grantee may, in
its discretion, refuse to furnish gas to any customer who is
delinquent for any bill rendered, or 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
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be and remain public l.lCOrds. Grantee agrees to furnisl
Grantor a list of all franchise customers upon demand.
Section 9. In consideration for the grant of this
franchise, Grantee shall pay to Grantor:
(a) Four percent (4%) of the gross receipts from
sale of gas within the limits of the Grantor
for
the
first
ten
(10)
years of
this
franchise;
(b) Four and one-half percent (4-1/2%) of the
gross receipts from the sale of gas within
the limits of Grantor for the second ten (10)
years of this franchise; and
(c) Five percent (5%) of the gross receipts from
the sale of gas within the limits of Grantor
for the final ten (10) years of this
franchise.
Grantee shall be required to keep proper books of
account showing monthly gross receipts from the sale of gas
within the limits of Grantor, and shall make a statement in
writing showing 1:;he receipts for each such monthly period
for each and every year of this franchise, and based upon
sucb statement shall make concomitant monthly payment to
Grantor of 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 consumers in
the franchise fee payment~
Such franchise fee shall not be deemed to preempt or
otherwise exclude the Grantor from levying additional
utility or other taxes which Grantor may lawfully impose
upon Grantee's customers.
Section 10. Upon expiration of this franchise,
said franchise shall automatically be renewed for an annual
period until such time as the Grantor refuses renewal. The
end of
Grantee
shall. notify Grantee ninety
such period if franchise
shall, after thirty (30)
(90) days prior to the
shall not be renewed.
days have the right,
Grantor
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privilege,
equipment.
and option tf removing all franchise piping aJb
In such event, Grantee shall repair all of the
Grantor's property to the same condition as theretofore
existed.
Sect ion 11.
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 thereof in competition with the
Grantee and further covenants and agrees to pass and adopt
such reasonable ordinances and regulations as will protect
the physical components of the system being installed by
Grantee and also protect such employees and agents as may be
working lYith the system following its installation.
Section 12.
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.
By said resolution, Grantee shall agree to
comply lYith the terms and conditions of this franchise and
shall agree to comply with all reasonable ordinances passed
by the Grantor not in conflict with the terms hereof.
Upon
passage of such resolution, this ordinance and the franchise
therein provided shall become effective for all purposes.
Section 13.
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.
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Section 14.
This ordinance shall become effective
immediately upon final passage and adoption.
BEACH, FLORIDA, THIS 16th
PASSED AND ADOPTED BY THE CITY OF INDIAN ROCKS
DAY OF
tlay
, 1988.
ATTEST:
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,/ . ,-Y1/J~ (A'/ ':;'1/ tf~
, City Clerk
d~~
Mayor
PASSED ON FIRST READING: nay 2, 1988
PASSED ON SECOND READING: nay 16, 1988
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