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CLEARWATER GAS ~~,';~'..:~~:'1:_~-:-" ." ," '.c -. ORDINANCE NO. 71-545 AN ORDINANCE GRANTING TO THE CITY OF CLEARWATER, FLORIDA, A MUNICIP~L CORPORA TION OF THE COUNTY qFPINELLAS AND STh TE OF FLORIDA, ITS SUCCESSORS ANI) ASSIGNS, A FRANCHISE FOR THE PURPOSE OF 'FURNISHING GAS WITHIN THE TOWN OF LARGO, FLORIDA, AND TO ITS INHABITANTS; AND TO PRESCRIBE THE LIMITA TIONS, TERMS AND. CONDITIONS OF SAID FRANCHISE. BE IT ORDAINED BY THE TOWN COMMISSION,;iQF THE TOWN OF LARGO, FLORIDA: Section 1. Whenever III this Ordinance the words or phrases hereafter Section defined are us ed, they shall have the respective meanings as- signed to them in the following definitions; (unless 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 muni- located in the cipal corporation,/ county of Pinellas, State of Florida, the corporation to which the franchise is granted by this Ordinance, and its lawful successors or assigns. (b) The word "Grantor" shall n:)-ean the Town of Largo, a municipal corporation of the State of Florida in its pres ent incorporated form, or in any later reorg'anized consolidated or reincorporated form. (c) The word "Streets'! shall mean the public streetsl.lanes, alleys, co'urts, bridges (including the area above the dock level of said bridges). or other public places in the grantor r s corporate liluits as they now exist, or as they may be established at any "time during the term of this franchise in the Town of Largo. For the purpos e of Section Eleven (11) of this franchise the word "industrial" shall mean service to a consumer at a single location where such consumer is engaged in an industrial enterprise in which such service is used primarily m the operation involving the extration from or the proces~ing, manufacture or fabrication of some material or product. (e) The word "Gas" shall mean natural gas and/or commingled gas and/or manufactured gas which is distributed in pipes. -1- "..,-:,:1i /2kJ..-. ( "1 , "f ~ ( I , ... \'- ;~, , ::. r 1- 1" phrase I'Facilities or equipmentlf shall mean plpe, plpe ", line,tube, main, service, trap, vent, vault, manhole, meter, gauge, regulator, valye;"conduit, appliance, attachment, appurtenances, and any other personal ('~'",~:',~_.'~.!:?k',:i.-'r:"'" '''7:~ ',:~, :'}':, :-: be located in, upon, along, across, under or over the m the distribution of gas. That the City of Clea:r;,water, a municipalcorijoration, of the State of Florida, of the County of Pinellas, and its successors and assi.gns,' hereinafter designated as the .it is hereby given and granted the franchise, privilege and concession of f4rnishing gas' containing not l'ess than One Thou~and (1000) - :i ':, "-'l~,':-' ~; British Thermal' Units per cubic foot, within the portions of the Town' of Largo ". ,,', ., "',::: r - '. '"',<. ;~j ,~~' the area within Town of Largo, Town of Largo, the presently existing limits Florida, ahd all future limits Florida, during the effective period together with the right to use the streets, '~~f:' avenp:~;$'h alleys; squares, bridges, viaducts, or other public highways and . ",' ",~}(',-~ -. , hereafter may be extended and '~;"f '.. 'i ~. .', '\): . laidout,/ for the purpose of laying and maintaining pipes and/or such ,other and to the inhabitants the Town of Largo as to any ,t~. prior to installation. Grantee expedient for the purpose of supplying ga.s inhabitants, provided that the same shall not any of the terms and conditions of this franchise or reason- of the Town of Virgo, and provided that the th~ purpose of supplying said gas shall be laid in this franchis.e. r of the within franchise, the City of Clearwater Town of Largo a current and accurate map showing in Should Grantee feel aggrieved by any regulation orrestric- facilities, then in such event, the -within franchise may be Grantee upon ninety (90) days notice in' writing of such I > . -- 1 C E R T I F I CAT E STATE OF FLORIDA ) COUNTY OF PINELLAS ) I. SADIE C. JOHNSON. Deputy Town Clerk of Largo, Florida, and the official custodian of the records of said Town, do hereby certify that the attached is a true and correct copy of Ordinance No. 71-545, as the same appears on record and on file in the official records of the Town of Largo, Florida. HITNESS m,V hand'and official seal of the Town of Largo, Florida, on this_46j;h--d~of -Mar.ch, A.D., 1971. "-- " . - ..- - .. -- - . -- --. ---- -......... '-----.--- a -' ..- I I .' RESOLUTION No. 71 - 24 V{HEREAS. the Town of Largo, Florida, did pass Ordinance No. 71-545 on March 9. 1971, therein granting to the City of Clearwater the right to operate its Gas Department in said Town limits; and hI- \VHEREAS, said Ordina.nce is found to be in order and provides that the Bame shall not become effective in whole or, in part until the City of Clearwater shall, by resolution duly passed and adopted, accept said franchise and agree to comply with the terms and conditions thereof, and furthermore, to comply with all reasonable ordinances passed by the" Town of !--argC?_not in conflict with the terms of said franchise; and WHEREAS, said Ordinance No. 71-545 of the Town of Largo prOvided that upon the receipt by the Town of Largo of a certified copy of the resolution aforesaid, that said ordinance and the franchise there- in provided should become effective for all purposes therein provided for ~8 of January 1, 1971; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA, IN SESSION DULY AND REGULARLY ASSEM:BLED. AS FOLLOWS: 1. That the franchise of the Town of Largo, as Bet forth in its Ordinance No. 71-545, duly passed and adopted on the 9th day of March, 1971, be, and the same is hereby accepted, ratified and approved. 2. 'That the City of Clearwater, by and through its City Commission, hereby agrees to comply with the terms and conditions of said franchise, as well as to comply with all reasonable ordinances paBsed by the Town Commission of the Town of Largo not in confli~t with the terms of said franchis e. '3. That a certified copy hereof shall be delivered to the Town Clerk of the Town of Largo immediately upon the passage of this resolution and that receipt therefor shall be obtained and filed with the City Clerk of the City of Clearwater, together with a certified copy of said ordinance, and the original of this resolution. PASSED AND ADOPTED this 15th day of March, A.D. 1971. :" -.:- /s I H. Everett Hou"cn , Ma yor -C ommie lJ ione r Attest: , ' /8/ R. C. Whitehead, City Clerk . .: " .