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GAS (4) I I ORDINANCE NO. 136 AN ORDINANCE GRANT!NG To THE CITY OF CLEARWATERI FLORiDA A MUNICIPAL CORPORATION OF THE COUNTY OFPINELLAS AND STATE or FLORIDA, ITS SUCCESSORS AND ASSIGNS, A FRANCHIstFOR THE PURPOSE OF FURNw ISliING dGASWITHIN THE.". . OF.....,~ HUa. t FLORIDA, AND TO ITS INHABITANTS J AND ~ PRESC1?!BE THE LIMITATIONS) TERMS AND CONbITloNS OF SAID OR- D!N'ANCE. BE IT ORDAINED BY THE ..... COMMISSION OF THE CITY FLORI DA-: OFlAFwry aAll>>oa , Section 1. Whenever in this Ordinance the words or phrases .. hereafter in this Section defined are used, they shall have the re- spective meanings assigned to them in the following definitions; (un- less in the given instance, the context wherein they are used shall clearly import a different meaning): (a) The word "Grantee" shall mean the City of Clearwater, a municipal corporation, County ofPinellas, State of Florida, the cor- poration to which the franchise is granted by this Ordinance, and its lawful successors or assigns. (b) The word "......,. " shall mean the CIty of ...~ G..~ , a municipal corporation of the State of Florida in its present incorporated form, or in any later reorganized consolidated or reincorporated form. (c) The word "Streets" shall mean the public streets, lanes, alleys, courts, bridges (excluding the area above the deck level of said bridges), or other public places in the grantor's corporate lim- its as they 'now exist, Dr as theyniay be established at.... any time. dur- ing the term of this franchise in the CIty of ...., I-tuIMw (d) For the purpose of Section Eleven (11) of this fran- chise the word "industrial" shall mean service to a consumer at a sin- gle location where such consumer is engaged in an industrial enterprise in which such service is used primarily in the operation involving the extraqtion from or the processing, manufacture or fabrication of some material or product. / cJ/ , ~ !- , . ~. .J . < I (e) The word "Gas" shall mean natural gas and/or commingled gas and/or substitute therefor. (f) The phrase "Facilities or equipment" shall mean pipet pipe line, 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 streets used or useful in the distribution of gas, Section 2. That the City of Clearwater, a municipal corpora- l.' tion, existing under the lwws of the State of ~lorida, of the County of Pinellas, and State of Florida, its successors and assigns, hereinafter designated as the Grantee, be and it is hereby given and granted the fran- chise, privilege and concession of furnishing gas containing not less than One Thousand (1000) British Thermal Units per cubic foot, within theCltr of~iIIiltJ__"'- , and to the inhabitants thereof, together with the right to use the streets, avenues, alleys, squares, parks, bridges, via- ducts, or other public highways and grounds of sai~ as now laid out, or as hereafter may be extended and laid out, for the purpose of laying and maintaining pipes and/or such other apparatus necessary to supply gas to the sa~v~~6- and to the inhabitants thereof, and to do all things necessary or expedient for the purpose of supplying gas within the said ~ and to its inhabitants, provided that the same shall not be in conflict with any of the terms and conditions of this franchise or reasoncJ::,~' ordinances of thEC&ty o~.....y....... , and provided that the mains installed and used for the purpose of supplying said gas shall be laid in the manner provided in this franchise. Section 3. The franchise, rights, and privileges hereby granted ShCil1 cO:rttinue Eindl::>? in force for the full statutory period of thirty yeal- from the date the franchise granted herein becomes effective. Section 4. That the said Grantee, its successors or assigns shalf furnish twenty four (24) hours of continuous service each and every day to any person within thlli'r . ou...~ J.r.~ desiring the same and failure upon the part of the said Grantee to furnish gas e~ here- in provided for any cause within the control of the said Grantee for a per- iodof seventy two (72) hours shall act as a forfeiture of this franchise at the option of thee, of ....,._.~ -2- .,. -, I PROVIDED, HOWEVER, that the Grantee herein, its successors and assigns, shall not be required to lay facilities or equipment be- yond such point as it determines to be economically unfeasible, and unless the revenue from such additional facilities or equipment shall warrant such installation on a basis of reasonable compensation or re- tu'rn on Granteelsinvestment. Section 5. It is further provided that the said Grantee shall install the necessary facilities or equipment at its own cost and ex- pense and that same shall be and remain the property of the said Grantee; and that 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 tax of the ...., of '''tty...,- so long as the same remains the property of the City of Clearwater. Said mains shall be laid under ground and the said Grantee shall re-pave or re-lay, as promptly as possible, all streets, lanes, alleys, sidewalks, squares or public places dug or disturbed by it in the installation of said mains or for any other purpose attending such work, and it shall re- pair and restore such streets, lanes, alleys, sidewalks and public places to their former and safe condition and with the same quality of material or its equvalent as was existing before said work commenced. Should the said Grantee neglect or refuse to restore or repair without delay after ~UIQ days written notice, any streets, alleys, lanes, squares sidewalks or public places which may have been excavated, dug or dis- turbed by it, its employes or agents, then the said GMy of .m~-'" ~t'"- shall have such repairs and restoration done and the expense incident thereto shall be paid by the said Grantee. Section 6. That nothing herein contained shall be so construed as to render the said ~ of.......... anywise liable for any act of omission or commission of said Grantee, its officers, agents or employes in the execution or conduct of the work herein authori- zed and the said Grantee shall at all times indemnify and save harmless the said"" of"'1J'~ _Iff. against all damages, judgments, decrees and costs which may arise or accrue to the said CIIr. of tor.., .... from injury to persons or property caused by the carelessness or neglect in the execution or conduct of the work hereinunder .i.\.;. ., -3- ; ) '... .. ....~ 1" authorized or by the failure of the said Grantee, its officers, agents or employes to comply with any reasonable ordinance, rule or regulation relative to streets and sidewalks or other public places.now in force or hereinafter enacted. Section 7. That the gas to be furnished by the said Grantee, its successors and assigns shall in no case be of less quality than 1000 British Thermal Units per cubit foot, and shall be conducted through the pipes at a pressure sufficient to insure satisfactory operation. The said Grantee shall have the privilege and option of charging reasonable prices therefor, provided, however, that in no case shall the charge therefor be more than the applicable rates for comparable services then being charged consumers in the City of Clearwater, Florida. The Grantee shall have the further right and privilege of collecting reasonable service charges and/or connection fees provided, however, such charges and fees to be no greater than for similar services, charges and fees in the City of Clearwater. Section 8... . That Grantor he,reby reserves the right at and after the expiration of this grant to purchase the property of Grantee used under this grant, as provided by the laws of Florida, in effect at the time of Grantee's acceptance hereof, including Section 167.22 of Florida Statutes of 1959, and as a condition precedent to the taking effect of this grant, Grantee shall give and grant to the Grantor the right to pur- chase so reserved. Grantee shall be deemed to have given and granted such right of purchase by its acceptance hereof, which shall be filed with the Grantor's clerk within thirty (30) days after the effective dateof this franchise. -- Section 9. Upon the termination of this franchise, in the event ........... should not exercise its option to the said .CIty of purchase the said equipment, the said Grantee, its successors or assigns shall after ~ days, have the right, privilege and option of re- moving said equipment, and in such event said Grantee, its successors or assigns shall in removing the same, repair all streets, alleys, avenues, , sidewalks and public places incident to removal, and replace the same in the same condition as theretofore existed. II': '- -4- ;,\' ._ ,. l f " ) . . ' ,. t Section lO~ The said Grantee, its successors or assigns, shall at all times comply with all reasonable ordinances, rules and regUla- tions enacted or passed by the-' of........---. not in conflict with the terms of this franchise and the said 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 reason- protect itself rrom fraud or imposition and may, in its discretion, refuse to furnish gas and to cut off the supply from any customer or customers who are in default in payment of any bill rendered for such service. Section 11. The consideration for the granting of this franchise is the benefit which the public will derive from the use and exercise of said franchise by Grantee; and as a further consideration for the grant- ingof this franchise, the Grantee shall, during the term of this fran- chise, pay to the-' of ....., ..... as a burden imposed by this ordinance and as one of the expressed conditions and considerations for the franchise, rights and privileges granted and conferred by this ordinance: 2i% of the gross receipts from the sale of gas in the gatv of ....... for the first ten years of this franchise. 3'10 of the gross receipts from the sale of gas in the at, of ....., Bu_ for the next succeeding ten years of this franchise. 3t'1a of the gross receipts from the sale of gas in the Qt., of Wety J.iUIMJe for the last ten years of this franchise. In computing the gross receipts from the sale of gas in tne ~ty of .....Y'.lIubolr during the term of this franchise, all revenues re- - ~ - --_.---",--' -~-~.~-'-- ,-'~. -- ceived from gas delivered to and consumed by industrial gas customers shall be excluded. The said Grantee shall be required to keep proper books of ac- count showing monthly gross receipts from the sale of gas within the cor- porate limits of the cu. of""" ~ , and shall make a state- ment in writing showing such receipts for each annual period ending Decem- ber 31st of each and every year, and based on such statements shall make payment to the ., of .....,...... for the amount due. .... ~L - -5- '.. ' , ~, . " 1 " I " " .!IIIeJL .....................,.... "..tilt... ....... ...... .. .. ..... ... 1M ........",...... ... ...... au .ut....... .. ., ..... I......... _ .y ...... ........ III ..,..t.t....... th. 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