INTERLOCAL AGREEMENT REGARDING SALE AND DISTRIBUTION OF GAS
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INTERLOCAL AGREEMENT REGARDING
GAS SERVICE BETWEEN THE CITY OF NEW PORT RICHEY,
FLORIDA, AND THE CITY OF CLEARWATER, FLORIDA
THIS AGREEMENT, made and entered into this L day of
+~ , 199JlW and between The City of New Port Richey, Florida,
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a Florida municipal corporation, by and through its City Council (herein "NEW PORT RICHEY")
and the City of Clearwater, a Florida municipal corporation, by and through its City Commission
(herein "CLEARWATER").
WIT N E SSE T H:
WHEREAS, it is in the best interests of the citizens of NEW PORT RICHEY to be
provided gas service whenever and wherever feasible; and
WHEREAS, pursuant to Chapters 166 and 180, Florida Statutes, CLEARWATER has
the power and the present capability to provide such gas service in NEW PORT RICHEY; and
WHEREAS, NEW PORT RICHEY and CLEARWATER wish to set forth their
agreement with respect to the provision of such gas service to those areas within the corporate
limits of NEW PORT RICHEY, pursuant to the provisions of the Florida lnterlocal Cooperation
Act of 1969, as amended.
NOW, THEREFORE, for value and other consideration, it is agreed:
SECTION 1. RECITALS
The recitals and findings contained above are true and correct and are hereby incorporated
within this agreement in full.
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Section 2.
TERM. GRANT: DEFINITION OF GAS.
F or a period of 30 years beginning January 1, 1996 and ending December 3 1, 2025, NEW
PORT RICHEY, its successors, and assigns, does hereby give and grant to CLEARWATER, its
successors, and assigns, the non-exclusive right, privilege and franchise to furnish gas and to
construct, operate and maintain within the corporate limits of NEW PORT RICHEY, as such
limits may be expanded, all facilities required by CLEARWATER to supply gas to NEW PORT
RICHEY, its inhabitants and the places of business located within the corporate limits of NEW
PORT RICHEY, as such limits may be expanded, and other customers and areas now or hereafter
supplied, or to be supplied, gas by CLEARWATER. The exercise of this authority and franchise
by CLEARWATER shall be consistent with the terms and conditions ofthe Ordinance attached
hereto as Exhibit "A" which is incorporated herein by reference.
The word "Gas" shall mean natural gas and/or commingled gas which is distributed in
pipes. It shall not mean bottled gas or any other fuel; however, nothing herein shall be interpreted
to prohibit CLEARWATER from engaging in the sale of liquid petroleum (propane) gas.
Section 3.
TERMS AND CONDITIONS.
All terms and conditions as set forth in NEW PORT RICHEY Ordinance No. 1388 , a
copy of said franchise ordinance being attached hereto as Exhibit" A", are incorporated herein by
reference as if fully set forth herein.
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IN WITNESS WHEREOF, NEW PORT RICHEY and CITY hereto have executed this
agreement on the day and year above written.
CITY OF NEW PORT RICHEY
By:
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J~~se BOttller
City Clerk:::.
P . Altman l-.;l- ~
Mayor-Councilmember
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~ Thomas K. Morrison
City Attorney
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Countersigned:
Approved as to form and
legal sufficiency:
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. amela K. Akin /~
City Attorney
CM-95-10-50
R-12-11-95
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CITY OF CLEARWATER, FLORIDA
By: ~k~
Elizab . De ula
City Manager
Attest:
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E. Goudeau - .
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