GAS (8)
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adoption of Ordinance No. 91-21 of the City of Safety Harbor on July 15, 1991;
and
WHEREAS, the terms and conditions of the new gas system franchise are set
forth in Ordinance No. 91-21 of the City of Safety Harbor, a copy of which is
attached to the original of this resolution and incorporated herein by reference;
and
WHEREAS, the terms and conditions of the new gas system franchise are
acceptable; now therefore
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The terms and conditions of the gas system franchise, privilege
and concession granted by the City of Safety Harbor, Florida, by the adoption of
Ordinance No. 91-21 of the City of, Safety Harbor, are hereby accepted, and the
City Commission of the City of Clearwater does hereby agree to comply with the
terms and conditions of the franchise and with all reasonable ordinances adopted
by the City Commission of the City of Safety Harbor not inconsistent with the
franchise.
Section 2'. This resolution shall take effect immediate upon adoptionl
Upon adoption of this resolution, the City Clerk shall deliver a certified copy
to the City Clerk of the City of Safety Harbor.
PASSED AND ADOPTED this
1st
day of August,
Attest:
8LZ. lL-~._
ia E. Goudeau
lerk
OFFICE OF
THE CITY'" rrORNEY
City of Safety H.rbor
750 Main Slr..1
S.lfery Harbor. Fk"ida 304695
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ORDINANCE 91- 21
AN ORDINANCE OF THE CITY OF SAFETY HARBOR, FLORIDA GRANTING TO
THE CITY OF CLEARWATER, FLORIDA, ITS SUCCESSORS AND ASSIGNS,
A FRANCHISE FOR THE PURPOSE OF FURNISHING NATURAL GAS WITHIN
THE CITY OF SAFETY:HARBOR, AND TO ITS INHABITANTS; PROVIDING
THE LIMITATIONS, TERMS, AND CONDITIONS OF SAID FRANCHISE;
PROVIDING FOR PUBLICATION IN ACCORDANCE WITH LAW; AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SAFETY
HARBOR, FLORIDA:
Section 1. Whenever in this ordinance the words or
phrases hereafter in this section defined are used, they shall
have the meanings assigned to them in the following
definitions, unless the context wherein they are used shall
clearly import a different meaning:
(a)
"Grantee" means the City of Clearwater, Florida, a
municipal corporation, to which the franchise is
granted by this ordinance, and its lawful
successors or assigns.
(b)
"Grantor" means the City of Safety Harbor, a
Florida municipal corporation, and all inhabItants
and properties therein.
(c)
"Street" means the public streets, lanes, alleys,
courts, bridges (excluding the area above deck of
said bridges), or other public places in the
Grantor's corporate limits as they now exist, or.as
they may be established at any time during the term
of this franchise.
(d)
"Industrial" shall mean service to a customer at a
single location where such consume~ is engaged in
an industrial enterprise in which such service is
used primarily in the operation involving the
extraction from or fabrication of some material or
product.
( e)
"Gas"
and/or
pipes.
fuel.
means natural gas and/or commingled gas
manufactured gas which 1S distributed in
It shall not mean bottled gas or any other
OFFICE OF
THE CITY ATTORNEY
Clly 01 50101)1 Hortlo'
750 Main Slru.
Sllety HartJe)(. FbrltSa 3~81n
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(f) "Facilities or equipment" means pipe, pipel ine,
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 Grantor's streets used or
useful in the dis~ribution of gas.
section 2. Grantee is hereby granted a non-exclusive
franchise, privilege, and concession to furnish gas within
Grantor's municipal limits, together with the right to use
Grantor's streets, avenues, alleys, squares, bridges,
viaducts, or other public highways and/or easements for the
purpose of laying and maintaining pipes, and/or such other
apparatus necessary to supply gas to Grantor's inhabitants,
and to do all things reasonably necessary to supply gas to
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. The Grantee
shall obtain written approval of the Grantor as to any
proposed route or location of proposed facilities prior to
installation. Grantee may do things necessary 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, policies or directions of Grantor, and provided
that the mains installed anQ used for the purpose ,of sup~lying
said gas shall be laid in the manner provided in this
franchise and in accordance with the written approval issued
by Grantor.
At the time of execution of this franchise, the Grantee
shall furnish to the Grantor 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.
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.
Should the Grantee sell its facilities to any other
person, firm or corporation during the life of this franchise,
the Grantor may, at. its option, cancel this franchise unless
it shall have given its written consent to such purchase or
transfer. The Grantor shall have the right to give or
(0
OFFICE OF
lHE CITY ATTORNEY
Cily 01 S,'ety Harbor
750 Ma." Stru.
S..h'ty Harbor. Florida J469S
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withhold its consent within its sole discretion and shall have
the absolute right to renegotiate this franchise, in whole or
in part, as it deems appropriate and necessary to protect the
public interest. In the event that the Grantor and the new
owner of the facility shall be unable to negotiate a
satisfactory franchise agreement, the Grantor may cancel and
terminate this Franchise Agreement and such termination shall
act as an expiration of this franchise in accordance with the
terms of section 11 of this Agreement.
section 3. The franchise, rights and privileges hereby
granted shall continue and be in force for the period of ten
(10) years from the date the franchise granted herein becomes
effective.
section 4. In the event Grantee shall hereafter accept
a franchise from any other governmental entity with any
provision more favorable t.,o the governmental entity than
contained in this franchise, then Grantee shall notify Grantor
and Grantee shall be obligated upon written request of Grantor
to amend this. franchise to incorporate said provision.
section 5. 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 the Grantor. In consideration of
the rights granted under this franchise and the duratidn of
this franchise, the Grantee agrees that its facilities within
the City of Safety Harbor will be expanded to provide service
to new customers on the terms and conditions hereinafter set
forth. The Grantee I s failure to expand its facil i ties and
services to its customers within the City of Safety Harbor
shall be deemed to be a material breach of this Agreement.
Such expansion shall occur on the following terms and
conditions, to wit:
A. Gas service shall be extended to customers desiring
said service based on a feasibility formula. Such formula
shall be the formula currently in effect system-wide as then
administered by the Grantee, but as a minimum shall be as
follows:
.J7 (EAR)
(Construction Cost)
25.0%
4 years
(100)
OFFICE OF
",'HE CITY HTORNEY
GUy 01 S.f.ty Hubor
750 M.in Stru'
S41. fy Hartlor, Ftofidl :1.(895
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In the event that the system-wide f(Jrmula provides
for a period longer than four (4) years, that longer period
shall be used.
B. The Grantee shall invest not less than 4% of its
capital investment development funds on the system within the
boundaries of the city of Safety Harbor providing that the
Safety Harbor market provides enough customers to economically
justify such expansion. The standard used to evaluate such
capital expenditures will be no less generous than that
employed in the city of Clearwater or elsewhere in the system.
section 6. 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 I s property. All mains and pipelines shall be laid
underground. ' Grantee shall repave or relay, as promptly as
possible, all streets, lanes, alleys, sidewalks, squares, or
public places dug or disturbed by Grantee for any reason
unless there is a previously-approved schedule. Grantee shall
repair and restore such streets, lanes, alleys, sidewalks and
pUblic places to their former and safe condition and with the
same quantity and quality of material, or its equivalent, as
was existing prior to the commencement of such work. In all
cases the repair work shall be made passable to traffic diliring
conduct of such work as sopn as physically possible. Any
traffic disruption shall be coordinated with the Grantor and
the Sheriff's department. 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 permi t within forty-eight
(48) hours or such longer time as is reasonable under the
circumstances from the date the application is received by
Grantor. Should Grantee neglect or refuse to restore or
repair without delay after completion of installation and
after ten (10) days' written notice to Grantee, any ,streets,
alleys, lanes, squares, sidewalks or public places which may
have been excavated, dug or disturbed by it, then the Grantor
may have such repairs and restoration done, and the expenses
incident thereto shall be paid by Grantee. Grantee shall
secure and otherwise make safe the area so excavated, dug or
disturbed by it and shall hold Grantor harmless from any loss
or damages arising from injury to persons or property in such
area.
C)
OFFICE OF
THE CITY ATTORNEY
City 01 Sal.ty H.,.t>or
750 M.lo 5.,..,
S.,.ry H_ft)or. Fkuld. 34695
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In the event that the relocation of Grantee's property is
subsequently required by Grantor because of its. need to use
utilities, easements, rights-of-way, or other public places,
or for any reason, the Grantee shall pay for the relocation of
all installations or facilities contained in such rights-of-
way or easement. Should, in connection with the doing of any
public improvement or other exercise of the powers of Grantor,
it become necessary or desirable to relocate installed
facilities of the Grantee, then the Grantee covenants and
agrees to promptly, at its expense, relocate said facilities.
Should it become necessary in the installation of gas lines or
facilities to relocate water or sewer lines of Grantor, or to
otherwise modify the location, design or other attributes or
characteristics of any infrastructure of Grantor, now or
hereinafter installed, then such work shall be done at the
expense of the Grantee and not the Grantor. It is understood
that in all instances the facilities of Granto~ shall have the
right-of-way and preference over that of the Grantee herein.
section 7. Nothing herein contained shall be so
construed as to render the Grantor in any way liable for any
act. of omission or commission of said Grantee, its officer~~
agents or employees, in the execution or conduct of the work
herein authorized. Grantee shall at all times indemnify,
defend and save Grantor harmless against all damages,
judgments, decrees, costs, and attorney's fees which may arise
or accrue to Grantor from injury to persons or property in any
way arising out of this franchise, caused by the carelessness
or neglect in the execution or performance of the J work
hereunder authorized or by the failure of Grantee, its
officers, agents or employees, to comply with ariy reasonable
ordinance, rule or regulation relative to streets and
sidewalks or other public places now in force or hereinafter
enacted. In no event shall Grantor, its employees or agents,
be construed as the agent of the Grantee or its employees or
agents. Provided, however, that in no event shall the limits
of liability imposed hereunder exceed those limitations
contained in section 786.28, Florida Statutes. This hold
harmless provision shall include any claim made by an employee
of Grantee against Grantor unless said claim is founded upon
the active negligence of Grantee, or its employees or agents.
Nothing contained herein shall be construed as a waiver of any
immunity from or limitation of liability Grantor and Grantee
may have under the doctrine of sovereign immunity or ~ 768.28,
Fla. Stats.
section 8. The gas to be furnished by Grantee, its
successors and assigns shall in no case be of less quality
(,.',.\.
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OFFICE OF
THE CITY ATTORNEY
City 01 Safary H_rbor
750 Main $treel
$.Iety Harbor, Florid. 3..e05
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than 1000 British Thermal units per cubic foot, and shall be
conducted through the pipes at a pressure sufficient to insure
satisfactory operation. The Grantee shall have the privilege
and option of charging reasonable prices therefore, provided,
however, that in no~ase shall the charge therefore exceed
more than the retail price of Grantee's consumers in the city
of Clearwater, plus franchise fees as shown in section 10 of
this agreement. The 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 9. The Grantee, its successors or assigns, shall
at all times comply with all reasonable ordinances, rules and
regulations enacted or Fassed by the Grantor and the
provisions of this franchise shall be modified accordingly.
The 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 and may, in its discretion,
refuse \:0 furnish gas and to cut off the supply from any
customer or customers who are in default of any bill rendered
for such service 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 be and remain public records.
Grantee agrees to furnish Grantor a list of all franbhise
customers upon demand.
section 10. In consideration for the granting of this
franchise, Grantee shall pay to Grantor six percent (6%) of
the gross receipts from sale of gas within the limits of the
Grantor.
In computing the gross receipts from the sale of gas, all
revenues received from gas delivered to and consumed by
industrial gas customers shall be excluded.
Grantee shall keep proper books of account showing
monthly gross receipts from the sale of gas within the
corporate limits of Grantor, and shall make a statement in
writing showing such receipts for each such Quarterly period
of this franchise, and based upon such statements shall make
payment to Grantor for the amount due. In the event that
Grantor shall annex a customer during this franchise, Grantor
shall notify Grantee of such annexation. Grantee shall
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OFFICE OF
THE CITY'" TTORNEY
City 0' Sal.fy Hubor
750 Main Sir...
5.,.1)' H.rbO,f. FaQnd. 34895
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immediately include the gross receipts of such customers in
the franchise fee payments.
Such
otherwise
or other
Grantee's
franchise fee ,shall not be deemed to preempt or
exclude the Grantor from levying additional utility
taxes which Grantor may lawfully impose upon
customers.
section '11. Upon expiration of, this franchise, said
franchise shall automatically be renewed on a month-to-month
basis until such time as the Grantor refuses renewal. Upon
notification of non-renewal Grantee shall, after thirty (30)
days have the right, privilege and option of removing all
franchise piping and equipment. In such event, Grantee shall
repair all of the Grantor's property to the same condition as
theretofore existed.
section 12. 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, its
successors and assigns.
Grantee herein shall reimburse and pay to Grantor all
reasonable 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 Grantee shall,
by resolution duly passed and adopted by its commission,
accept the franchise, privileges and concessions herein
granted and agree to comply with the terms and conditions of
the franchise and all reasonable ordinances passed by the city
commission of Safety Harbor not in conflict with the terms of
the fra~chise, a certified copy thereof to be delivered to the
City of Safety Harbor. Upon the receipt of a certified copy
of the resolution, this ordinance and the franchise shall
become effective as of August 1, 1991.
section 14. All ordinances or parts of ordinances in
conflict with the provisions of this ordinance 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
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any such provision shall be grounds for the termination of
this franchise.
section 15. This ordinance shall become effective
immediately upon final passage and adoption.
section 16. This Ordinance shall be published in
accordance with the requirements of law.
PASSED O!-l FIRST READING,
Jul Y 1
, 1991.
PASSED ON SECOND AND FINAL
, 1991.
\,.,.;..,;
I, Bonita Haynes, City Clerk of 'the City of Safety Harbor, do hereby' certify the
of the original as it appears in the files of the
attached to be a true copy
City of Safety Harbor.
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