INTERLOCAL AGREEMENT REGARDING GAS SERVICE
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INTERLOCAL AGREEMENT REGARDING
GAS SERVICE BETWEEN THE CITY OF PORT RICHEY,
FLORIDA, AND THE CITY OF CLEARWATER, FLORIDA
THIS AGREEMENT, made and entered into this ~ ~
day of
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1995, by and between The City of Port Richey,
Florida, a Florida municipal corporation, by and through its City
Commission (herein "PORT RICHEY") and the City of Clearwater, a
Florida municipal corporation, by and through its City Commission
(herein "CITY").
WIT N E SSE T H:
WHEREAS, it is in the best interests of the citizens of PORT
RICHEY to be provided gas service whenever and wherever feasible;
and,
WHEREAS, pursuant to Chapters 166 and 180, Florida Statutes,
the CITY has the power and the present capability to provide such
gas service in PORT RICHEY; and
WHEREAS, PORT RICHEY and the CITY wish to set forth their
agreement with respect to the provision of such gas service to
those areas within the corporate limits of PORT RICHEY, pursuant to
the provisions of the Florida Interlocal 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 hereby
incorporated within this agreement in full.
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SECTION 2. TERM; GRANT; DEFINITION OF GAS.
For a period of 30 years from the effective date of this
agreement, PORT RICHEY, its successors, and assigns, does hereby
give and grant to the City, 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 PORT
RICHEY, as such limits may be expanded, all facilities required by
the CITY to supply gas to PORT RICHEY, its inhabitants and the
places of business located within the corporate limits of PORT
RICHEY, as such limits may be expanded, and other customers and
areas now or hereafter supplied, or to be supplied, gas by CITY.
The exercise of this authority and franchise by the City shall be
consistent with the terms and conditions of the Ordinance attached
hereto as Exhibit "A" which is incorporated herein and hereby made
a part hereof as if fully set forth herein.
The word "Gas" shall mean natural gas and/or commingled gas
which is distributed in pipes. It shall not mean bottle gas or any
other fuel; however, nothing herein shall be interpreted to
prohibit CITY from engaging in the sale of liquid petroleum
(propane) gas.
SECTION 3. EXTENSION.
Upon expiration of this agreement, or upon expiration of any
extensions provided for in this paragraph, said agreement shall
automatically be renewed for five (5) year periods until such time
as PORT RICHEY provides to CITY, prior to the end of the initial
term or the end of any additional five (5) year period, a six (6)
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months written notice of PORT RICHEY's election not to extend the
franchise for an additional five (5) year period.
Upon
notification of non-extension, the CITY shall have, for one (1)
year from the end of the term, the right, privilege and option of:
removing all franchise piping and equipment; or selling or
assigning any or all of its piping and equipment to a third party,
who at the time of termination or subsequent thereto, possesses the
ability and authority to provide gas service in those areas
previously served by Grantee. In the event of the removal of such
equipment, the CITY shall repair all of PORT RICHEY's property to
the same condition as theretofore existed.
SECTION 4. TERMS AND CONDITIONS.
All terms and conditions as set forth in PORT RICHEY Ordinance
No. 95-453 , being adopted simultaneously herewith, a copy of said
franchise ordinance being attached hereto as Exhibit "A", are
incorporated herein by reference as if fully set forth herein.
IN WITNESS WHEREOF, PORT RICHEY and CITY hereto have
executed this agreement on the day and year above written.
ATTEST:
Ci~fJ
CITY~RI~Y
By: ~~
. Mayor
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Countersigned:
R ta Garvey
Mayor-Commissioner
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Approved as to form and
legal sufficiency:
p:f!J/'tfn-6--
City Attorney
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CITY OF CLEARWATER, FLORIDA
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By: -'I?' ~
Eliza h M. eptula
City Manager
Attest:
ia E.
Clerk
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