GAS (9)
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ORDINANCE NO. 298
AN ORDINANCE GRANTING TO THE CITY OF
CLEARWATER; FLORIDA, A MUNICIPAL CORPORATION OF
THB COUNTY OF PINELLAS AND THE STATE OF FLORIDA,
A FRANCHISE FOR THE PURPOSE OF FURNISHING GAS
WITHIN THE TOWN OF BELLEAIR, FLORIDA, AND TO ITS
INHABITANTS: AND TO PRESCRIB"E THE LIMITATIONS,
TERMS AND CONDITIONS OF SAID FRANCHISE.
BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN
OF B.El..LEAIR, FLORIDA, IN SESSION DUIJ Y AND
REGULARLY ASSiMBLED:
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Section 1. Whenever in this Ordinance the words or phrases hereafter in this
section defined are used, they shall have the respective meanings assigned to them in the
following definitions, unless, in the given instance, the context wherein they are used
shall clearly import a different meaning;
(a) "Grantee'~ shall refer to the City of Clearwater, a. Florida municipal '\,
corporation, the corporation, in its present incorporated form, or as may
subsequently be reorganized or reincorporated, to which the franchise is
granted by this ordinance.
(b) "Grantor" shall refer to the Town of Belleair, a Florida municipal
corporation, in its present incorporated form, or as may subsequently be
reorganized, consolidated, or reincorporated, and to all inhabita.nts and
properties therein.
(c) The word "street" shall mean the public stl'eets, 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 in the Town
of Belleair.
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(d) For the purpose of Section 9 of this franchise~ the word "industriaP' Sllall
mean service to a customer at a single location where such consumer is
engaged in an inaustrial enterprise in which such sel'vice is used primarily
in the operation involving the extraction from or fabrication of some
material or product.
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(e) The word 'Igas" shall mean natural gas and/or commingled gas and/or
manufactured gas which is distributed in pipes. It shall not mean bottled
gas or any other fuel.
(f) The word "facilities" or "equipment" shall mean pipe, pipeline, tube,
main, servicel tral?, vent, vault, manhole, meter, gauge, regulator, valve
conduit, appl1:ance atta.chment, a.ppurte~anceSt 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.
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Section 2. Grantee is hereby granted a franchise, privilege, and concession to
furnish gas to Grantor, together with the right to use Grantor's streets, avenues, alleys,
squares, bridges, viaducts, or other public highways and easements for the 'purpose of
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laying and maintaining pipes, and/or such other apparatus. necessary to supply gas to
Grantor, and to do all things reasona.bly 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 publio
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health, safety, welfare, and aesthetics of Grantor, or inconvenience any of the pI'operty
owners contiguous thereto. The Grantee shall obtain written approval of the Town of
Belleair as to any proposed route or location of proposed facilities prior to installation.
Grantee may do all things necessary or expedient for the purpose of supplying gas within
the said Town 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 or directions
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" of Grantor, and provided tha~ the mains installed and u~ed for the purpose of supplying lfl
said gas shall be laid in the manner provided in this franchise.
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Should the Grantee sell its facilities to any other person, firm, corporation or
entity during, the life of this francllise, 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 withhold its consent within its sole discretion and
shall have the absolute right to renegotiate this franchise, in whole or in part, as it",
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deems appropriate and neoessary to proteot the public interest. In the e~ent thAt the
Grantor and the new owner of the facility shall be unable to negotiate a satisfa.ctor~
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franchise agreement, the Grantor may cancel and terminate this Franchise Agreement
.and such termination shall aot a~ an expiration of this franohise in aocordance with the'
terms of Section 10 of this Agreement.
At the execution of the within franchise, the City of Clearwater shall furnish
to the Town of Belleair a current and accurate map Showing in detail the location of each
gas facility owned by the Grantee, and tltereafter 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 ha~ard to the public health, safety, welfare and aesthetics of
Grantor, or inoonvenienoe any of the property owners contiguous thereto.
Section 3. Ttle franchise, rights and privileges hereby granted shall continue
It. and be in force for the peri,f,d of thirty (30) years fro~ the date the franchise grant~,d
herein becomes effective, to wit: June 14, 1990.
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Section 4. Grantee shall furnish twenty-four (24) hours of continuous daily
service to each person within Grantor desiring such service. Failure of Grantee to
furnish ga.s 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.
Provided, however, that Grantee shall not be required to lay facilities or equipment
beyond such point as it determines to be economically unfeasible, and unless the l'evenue
{l'om such additional facilities Of equipment shall warrant such installation on a basis of.
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reasonable compen~ation or return on Gra.ntee's investment. Such policy shall be the
sa.me as Grantee applies within the City of Clearwa ter.
Section 5. Grantee shall install the necessary facilities or equ\l?ment at its
own cost and expense and the sam e shall be and remain the property of Gra.ntee, 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 talC of Grantor so long as such remains Grantee's property. All
mains and pipelines shall be laid underground. Grantee shall repave or relay, as pt'omptly
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as possible, all streets, lanes, alleys, sidewalks, squares; or public places dug or disturbed
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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 during conduct of such work as soon as physically
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possible. Grantee shall apply for and obtain a permit from Grantor, without charge, prior
to the construction or installation of any facilities or equipment, and, in applying' for said
permit, Grantee shall supply Grantor with a.s-built drawings of all suoh fa.cilities or
equipment. Provided the permit application and drawings are acceptable to Grantor,
Grantor shall issue such permit within twenty-four (24) hours from application therefor
by Grantee. Should Grantee neglect or refuse to l"estore or repair without delay after
completion of installation and after ten (10) days' written notice to Gra.ntee, any streets,
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alleys, lanes, squares, sidewalks, or public places which may have been excavated, dug or
disturbed by it, then the Grantor shall have such repairs and restoration done, and the
e,cpenses incident thereto shall be paid by Grantee. In the event that relocation of
Grantor's or Grantee's property is subsequently required, that party requiring such
relocation shall pay the other for all oosts incident thereto.
Section 6. Nothing herein contained shall be so construed as to render the
Grantor anywise liable fot' any act of omission or commission of said Grantee, its
officers, agents or employees, in the execution or conduct of the work herein
authorized. Grantee shall at all times indemnify and save Grantor harmless against all
damages, judgments, decrees and costs which may arise or accrue to Grantor from injury
to persons or property caused by the ca.relessness or negleot in the execution or conduct
of the work hereinunder authorized or by the failure of Gra.ntee, its officers, agents or
employees, to comply with a.ny reasonable ordinance, rule or regulation relative to
streets and sidewalks or other public places now in force or hereinafter enacted. In no
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event shall Grantor, its employees or agents, be construed as the agent of the Grantee 01'
it$ 'employees or a.gents.
Section _1: The gas to be furnished by Grantee shall in no case be of less
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quality than 1,000 British Thermal Units per cubic foot, and shall be conducted through
the pipes at a pressure sufficient to ensure satisfactory operation. The Grantee shall
have the privilege and option of charging reasonable prices therefor, provided, however,
that in no case shall the charge therefor exceed more than the retail Driee of Grantee's
"" consumers in the City of C~rwater, Florida, plus fran,~rise fees as shown in Section 9 offill
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this Ordinance, The Grantee shall have the further right and privilege of collecting
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reasonable service charges and/or connection fees, provided, however, such charges and
fees are no greater tha.n for similar services, charges a.nd fees to any of Grantee's other
consumers, plus travel expenses to be agreed to between the parties from time to time.
Section 8. The said Grantee shall at all times comply wah all reasonable
ordinances, rules and regulations enacted or passed by the Grantor not in conflict with
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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 ma.y 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 to furnish gas and to cut off the supply from
any customer or customers who are in default of tlny bill rendered for such service or for
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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 Gra.ntor a.
list of all franchise customers upon demand.
Section 9. In consideration for the granting of this franchise, Grantee shall
pay to Grantor:
(a) Pour and one-half Dercent (4-1/296) of the gross receipt from sale of
gas within the limits of the Grantor for the first ten (10) years of
this franchise;
(b) Five percent (5%) of the gross receipts from the sa.le of gas within
the" limits of Grantor for the second ten (l0) years of this franchise;
and
(c) Five and one-half percent (5-1/2%) of the gross receipts from the
sale of gas within the limits of Grantor for the final ten (10) years of
this franchise,
In computing the gross receipts from the sale of gas in the Town of Belleair
dUl'ing the term of this franchise, all revenues received from gas delivered to and
consumed by industrial gas customers shall be excluded.
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Grantee shall be required to keep proper books of account showing monthly .
gross receipts from the sale of gas within the corporate limits of Grantor, and shall make
11 statement, in writln~, 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 of Grantee during this
franchise, Grantor shall notify Grantee of such annexation. Grantee shall immediately
include the gross receipts of such consumers in the franchise fee payment.
Such franchise ';e shall not be deemed tQ,~~reemPt or otherwise exclude th~'fl
Grantor from levying additional utility or other taxes whic~ Grantor may lawfully impose
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upon Grantee's customers.
Section 10.
Upon e,cpiration of this franchise, said franchise shall
automatically be renewed for an annual period until such time as the Grantor refuses
renewal. The Grantor shall notify Grantee ninety (90) days prior to the end of such
period if franchise shall not be renewed. Grantee shall, after thirty (30) days, have the
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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.
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 12. 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 concession herein granted and, in said
resolution, agree to comply with the terms and conditions of the said franchise and said
resolution to contain an agreement to comply with all reasonable ordinances passed by
the Town Commission of the Town of BeUeair not in conflict with the terms of said
franchise, a certified copy thereof to be delivered to the City Clerk of the Town of
Belleair. Upon the receipt of a certified copy of the resolution aforesaid, this ordinance
and the franchise therein provided shall become effective for all purposes therein
provided for, as of June 14, 1990.
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Section 13. That all ordinances or parts of ordit}ances in conflict with the
provisions of this Ordinance be and the same are hereby repealed. If any section 01'
sections of this Ordinance are declared invalid for any reason. such invalidity shall not
affect the remainini sections thereof. The parties further acknowledge that each -term
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and provision of this Ordinance is material to the franchise, and default in the
performanCE! ot any such provision shall be grounds for the. termination of this franchise.
Section 14. This ordinance shall become effective thirty days after final
passage and adoption.
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PASSED ON FIRST READING:
PASSED AND ADOPTED ON
SECOND AND FINAL READING:
Date: Apr i I 17 I 1990
Date: May 16, 1990
&/~fta~
HDW ARD MORAN ~
Mayor
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6149-00B23/dab/doc
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