GAS (7)
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ORDIN1\NCE 91-21
AN ORDINANCE OF 'rIfE CITY OF S1\FETY HARBOR, FLORIDA GRANTING TO
THE CITY OF CLEhRW1\TER, FLORIDA, ITS SUCCESSORS AND 1\SSIGNS,
1\ FRANCHISE FOR THE PURPOSE OF FURNISHING NATURAL GAS WITHIN
THE CITY OF SAFE:TY H1\RBOR, AtlD TO ITS INHABITANTS; PROVIDING
THE LIMITATIONS, TERMS, AND CONDITIONS OF SAID FRM1CHISE;
PROVIDING FOR PUBLICATION IN 1\CCORDANCE WITH LAW; AND
PROVIDING AN EJ:'~'ECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SAFETY
HARBOR, FLORIDA:
section 1. \'Jhenever 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) "Grant,ee" 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
Florida municipal corporation,
and properties therein.
Safety
llnd all
Harbor, a
intli)bitants
(c) "Streetll 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 du~ing the term
oft his f r ZI n chi::; e .
(d)
"Industrial" shaJ.l mean se::-vic(~ to .) customer at a
single location where such consumer is engaged in
an industrial enterprise in which such service is
used primarily in .:;,,~ .~:,';r3tion involving the
extraction rror:~ ()~. tdln-L-..;,,,llCi. 0[ some material or
product.
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Ctly 0' :'.'.'Y H.rt>>OI I
7""....'" 51,...
s.'ofy H.",,,,. r;"lId. 3'895 .
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OFHCE OF
THf C'TY ATTORNEY
(e)
"Gas"
medns natur.al eFIS and/or- commingled gas
manufactured qas \.;hich is distributed in
It shall not me;,n bottlL'd q;iS 01- any other
and/or
pipes.
fuel.
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(f) "Facil i ties or equipment" means pipe, pipal ine,
tube, ma in, serv ice, trap, vent, vaul t, 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 distribution of gas.
~ection~. Grantee 1S hereby granted a non-exclusive
tranchise, privilege: and concession to furnish gas within
Grantor's municipal limits, together with the rigl1t 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 ga~ 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 \o/ritten 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 providei
that the mains installed and used for the purpose of supplying
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 franch1se, the Grantee
shall furnish to the Gr<3ntor .:l current and uccurate map
showing ill detail the location of each gas facility owned by
the Grantee, and thereafter shall keep such map in current
condition with informati0': ':LUlL! ,-;!:,.- ~o time to show changes.
Grantee shall locate all facilitle~ ctnd cyulpment so that such
\,/ill not interfere \.Jith Grantor's use of i~s streets, and
shall not cause a hazard to the public health, safety, ".:elfare
and aesthetic~ of Grantor, or inconvenience any of the
property o\omers contiyuous tlwn!to.
OFF ICE OF
THE crrv A !TORNEY
C,ll' o~ n".... Herbal
,~ Mun $',...
s..re'Y HAf1)Of'. ''Ouch J46U
Should tli,e Grantee sell its f;)cilitic~, to Zlny ether
person, fit-m or' cOt-por-ation during the life of thi~ franchise,
the Gr:antor may, <'It. its option, c.)ncel thi:..; tt'anchi::;c unless
it shall hi:\'I.~ qiven it~; wr'iLtur. ,:on,';0nl". to ,jllch pllrchds0 or
t ran s fer . The G ran tor 5 h all 11 a vet h e L- i q h t- t 'J q i v <~ 0 r
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withhoid its consent within its sole discretion and shall have
the absolute right to renegotiate this franchise, in whole or
in part, as it de~ms 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
prov ision mon~ favorable to the governmental entity than
~ontained 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 S. Grantee shall furnish twenty-four (24) hours
of cont inuous daily service to each person wi thin 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 duration of
this franchise, the Grantee agrees that its facilities within
the City of Safety Harbor will be expanded to provide service
to new custome:rs on the terms and conditions hereinafter set
forth. The Grantee's failure to expand its facilities 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 fol.lowinq terms and
conditions, to wit:
A. Gas ser'Jicc ~.;hL:l 'c be ... "-=-f'e""'. t-() customers desiring
said service based on d reasibi lity tormuluo Such formula
shall be the formula currently in effect system-wide as then
administered by the Grantee, but as a minil;"um shall be as
fo110:'/5:
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7llO Maw> 5"00' 11
..,.,." Hamo, 'Iomh 348'U
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OFFICI: OF
T'iE CITY" TTORNEY
. 37 ( EARl.
(Construction cost)
(100)
25.0Jo
.1 yed rs
OFF ICE OF
[HE CITY .. TTDRNEY
City of Safety ....rbQt
1~"""'St'"1
Safety H.tt>>Ot, nom:,. J4ea.$
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In the event that the system-wide formula provides
for a period longer thdn four (4) years, that longer period
shall be used.
B. The Grantee shall invest not lezs 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 stardard used to ~valuate such
capital expenditures will be no less generous than that
employed in the City of Clearwater or elsewhere in the system.
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Section 6. Grantee shall install the necessary
facilities or equipment at its own cost dnd 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 pipel ines shall be laid
underground. Grantee shall repave or relay, as promptly as
possible, all streets, lanes, alleys, sidewalks, squares, or
publ ic 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 ~uality 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 during
conduct of such work as soon 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 '" i th as-bull t dra'" i n<Js 0 f .'111 such fac il i ties or
equipment_ Grantor shall issue such permit vlithin forty-eight
(48) hours or such longer t i rr.e as is reasonable under the
circumst3.nces from the cieLe ~~, .~~,~. "~i(.'n is received 01'
Grantor. Should Grantee neglect or refuse to restore or
repa ir vIi thout del.)}' a tter completion 0 f inst.:lllation and
after ten (10) days' written notice to Grantee, any streets,
alleys, lanes, squat-es, side\-Ji.l1ks or publ ic places ..,hich 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 Gt-ant"'8. Grantee shall
secure and othen'/ise make sate the arca so Q;-:c,lvot:ed, dug or
disturbed by i't and ~;h,tll hold ,:-;r,dn\:ol,- 11"r:::1v~.;::; trom ,Iny loss
or dumages dl-is Lng from LllJllt-y ~:o p'.,t-:_;,'[1:; oj;' pcnp<:!!-ty j!1 such
area.
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,.,.,.,. H.f'bO'. 'Iotld& J.eg, I
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OFF;CE CF
THe CIT'!' .. TTOANfY
City or s.t.ry H.roOt
r50 Ualft St1..'
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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-oE-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
publ ic 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 sh311 be done at the
expense of the Grantee and not the Grantor. It is understood
that in all instances the facilities of Grantor 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 officers,
agents or employees, in the execution or conduct of the work
herein authc,rized. Grantee shaJ 1 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 work
hereunder authorized or by the failure of Grantee, its
officers, agents or 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 shall Grantor, ics employees nr agents,
be construed as the agent af 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.:':'::'. >:'l0rida Statutes. This hold
harmless provision shall incluo..., clllY ~,_"'J.II, j.lalie by an employee
of Grantee against Gr~ntor ~nless said claim is founded upon
the active negligence of Grantee, or its employees or agents.
N0thing contained herein shall b~ construed as a ~aiver of any
immunity trom or limitation at liability Grantor and Grantee
may have under the doctt-inlC: of so'/ereign iml,Hlni ty or ~ 768.28,
Fla. St3tS.
~~,Q~ tQ n__,J! . T tJ" 'J d ~; t: <.)
successors and dS~; j qn:j ~h,1 ~ I
hi.! t I: t" n i : ~}, t . :-i 1) ~-/ I,~ :." ~l t1 t t_~ t~ lit s
. :: j ~ :,) L' ; 1 . :...-. ~ \. (-) ~- T l..:~ ~-~ .s q 11.:\ i i t '/
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OFFICE OF II
THE CITY ATTORNEY I,
Cltt 0' aarely ....,bo' 11
710 M8w. ..,... I
....'V H.,..ot. 'lONd.. 34C'U II
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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 .case 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 I 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 p~5sed by the Grantor and the
provisions of this franchise shall be modified accordingly.
The Grantee shall h3ve 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
franchi5e and the ordinances of the Grantor, and to protect
itself from fraud or imposition and may, in its discretion,
refuse to furnish gas anc. 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 francnise shall be and remain public records.
Grantee agrees to furnish G::antor il 1 ist of a 11 franchise
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 sa~e of gas within the limits of the
Grantor.
In computing the gross r0ceipt~ t~~rn ~he sale of gas,
revenues received from gilS delivereu _~ ~ ~~ns~m~d
industrial gas customers shall be excl~dcj"
Grantee shall ~:C8p pt-oper boo~:s ,)[ account. showing
monthly gross ~eceipts trom the sdle ot g~s within the
corporate limits of Grantor, and ~:;hall make a stZltement in
writing showing such receipts for t~Clch ~J:lch Quartet-ly period
of this franchise, and bdsed upon such scatcments shall make
payment to Gl'antor fl:r th\:' d:nullllt: ,It:",. [n ttlC e\'~nt that
Grantor srl<.111 dnn'~X d G'.1::;l:.O'l\t..:I' ,jlll'in'J t!l'" I:'''I1.:11i:;'J, Gr.1ntot"
shall notify (';r"i.,ntec of s:l'~h .;t~lr:t.>;-::\tiull. ;-;I':I:,::oe shall
"
all
by
....
OFFICE OF
THE CITY "HORNEY
Cfty (.If S.~.ft Harbor
750 Mait'l $tr..'
S.fety H,rt)or F'<mdl J<&15a~
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immediately include the gross receipts of such customers in
the franchise fea payments.
Such
otherwise
or other
Grantee's
franchise fee' shall not be deemed to preempt or
exclude the Grdntor from levying additional utility
taxes which Grantor may lawfully impose upon
cust,omers.
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 removi.ng 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 exten~ion 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.
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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 \.Jith the terms of
the franchise, a certified copy thereof to be delivered to the
City of Safety Harbor. Upon the receipt of a certified copy
of the resolution, this o::di..-.<lnc<l and the franch ise shall
be:::ome effective as of August 1, :':10.1..
sectio!L...L1.. All ordinances or par-ts of ordinances in
conflict ~.Jith the provisions of this ordinance are hereby
repealed. If any section or sections of this ordinance are
declared invalid for any [-edSOn, such invdliciity shall not
affect the remaining se:::tions thereof. The parties further
acknowledqe that each term and provision uf this ordinance is
material 1:.0 the frZlncl1i~j",. "nil deLl!llt in :.hc p.~:-tG['m.:lnce of
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any such provision shall be grounds for the teL~ination 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 ON
, 1993..
PASSED ON FIRST RE~DING,
, 1991.
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AT/X _ (
;~ /' b XL--(.- -i)-;(.-L-IYl ~
cIty Clerk ~
I, Bonita Haynes, City Clerk of the City of Safety Harbor, do hereby certify the
attached to be a true copy of the :)riginal as it appears in the files of the
City of Safety Harbor.
"> L .) .........
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'O;te ~
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Attachm(,n t