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GAS (6) ) . 1'. It " ,:> ... ..: I i I: I #t , "' , ?;i ORDINANCE NO.' 77 AN ORDINANCE GRANTING TO THE CITY OF CLEARWATtR; FLORIDA A MUNIC1PAL CORPORATION OF THE COUNTY OF PINELLAS AND STATE OF FLORIDA, ITS SUCCBSSORS AND ASSIGNS, A F~CHISE FOR THE PURPOSE OF FURN- ISHING GAS WITHIN THE TOWN OF BEiLLEAIR FLORIDAj AND TO ITS I NHABI TmS ; AND 'it> PRE$CRIB~ THE LIMITATIONS, TERMS AND CONDITIONS OF SAID OR... DINANCE. BE IT ORDAINED BY THE FLORIDA: TOWN . COMMISSION OF THE TOWN OF BELLE AIR 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 followihg 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 of Pinel las, State of Florida, the cor- poration to which the franchise is granted by this Ordinance, and its lawful successors or assigns. (b) The word" Grantor " shall mean the Town of Bellealr , 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, or as they may be established at any time dur- ing the term of this franchise in the Town of Bellealr (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 extraction from or the processing, manufacture or fabrication of some material or product. Il-r "',. .' ". C' \. "', JJi.;;' ! ! . . '. .~ l I i I, 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 pipe, 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 dondession of furnishing gas containing not less than One Thousand (lOOO) British Thermal Units per cubic foot, within the Town of Belleair , and to the inhabitants thereof, together with the right to use the streets, avenueSt alleys, squares, parks, bridges, via- 'I ducts, or other pUblic H1qhways and grounds of said ~own 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 said Town and to the inhabitants thereof, and to 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 orreasonable ordinances of the Town of Belle air t 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 shall continue and be in force for the full statutory period of thirty years from the date the franchise granted herein becomes effective. Sect ion 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 the Town _ 0f, Bellealr desiring the same and failure upon the part of the said Grantee to furnish gas as here- in provided for any cause within the control of the said Grantee for a per- iod of seventy two (72) hours shail 2C~ as a forfeiture of this franchise at the option of the Town of Belleair - 2-- . . <. " I I I I PROVIDEDt HbwSVERj that the Grantee herein, its successors and assiqns, shall hot be required to lay facilities or equipment be- yond such point as it determines to be economically unfeasible, and unless the revenUe f70m such additional facilities or equipment shall warrant such installation on a basis of reasonable compensation or re- tu~n on Grantee's investment. Section S~ I iftstall the .ecesSarY facilities or equipment at its own cost and ex- It is further provided that the said Grantee shall peftse and that same sha1l be and remain the property of the said Grantee; aftd 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 Town of Bellealr - so lon~ 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 ror any other purpose attending such workt and it shall re- pair and restore such streets, lanes, alleySj sidewalks and public places I to their fbrmer and safe condition and with the same quality of material or its equvalent as was existing before said work commenced. Should the said Grantee ne~lect or refuse to restore or repair without delay after ten 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 Bellealr Town of 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 Town of Bellea1r 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 Town of Bellealr against all damages, judgments, decrees and costs which may arise or accrue to the said Town of from injury to persons or property caused by the carelessness or neglect in the execution or conduct of the work hereinunder Bellealr ...., 6,,? ..- -3- , . , " .' I I I 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 Bri tish 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 charqed 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 hereby 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 the said Town of cBe.1J..eair,should not exercise its option to purchase the said equipment, the said Grantee, its successors or assigns shall after thirty 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. -4- ,..-.. 4.' r, I I I I . r ",'" Section lP ~ The said Grantee , its successors or assigns" shall at all times comply with all reasonable ordinances, rules and reif'~,2- tions enacted or passed by the Town of Bellea1r not in conflict with the terms of this franchise and the said Grantee sha.ll have the right to make, establish and maintain and enforce such reaso~2ble regulations for the operation of its distributing system as may be reason- ably necessary and proper, not inconsistent with the terms of this frQn- chise and the ordinances of the Town of Bellea1r f and to protect itself rrom fraud or imposition and may, in its discretiont refuse to furnish gas and to cut off the supply from any customer or custo~ers 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- ing of this franchise, the Grantee shall, during the term of this fr2n- chise, pay to the Town. of Bellea1r 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"/0 of the gross receipts from the sale of gas in the Jown__.____ of Bellea1r for the first ten years of this franchise. 3"/0 of the gross receipts from the sale of gas in the _To.!!!L.._,_,.. of Bellea1r for the next succeeding ten years of this franchise. 3t% of the gross receipts from the sale of gRS in the Tow~~, of Bellea1r for the last ten years of this franchise. In computing the gross receipts from the sale of gas in th8 Belleair Town shall be excluded. The said Grantee shall be required to keep proper books of 0_C ,- count showing monthly gross receipts from the sale of gas vd thin tb,e co:;:--- porate limits of the Town of Bellealr, and shall make a sta~e- IDent in writing showing such receipts for each annual period ending D8ce~' ber 31st of each and every year, and based on such statements sha]J_ r:!.Cll:::e payment to the Town of Bellea1r for the amount due. -5- .. ',' -"~.. -:. .' . .4, \;... J I I I " ';' ..p 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, and further covenants and agrees to pass and adopt such reasonable ordinances and regulations as are required to assist and facilitate Grantee herein, its successors or assigns in the performance of the terms of this franchise. Gta.rilee-dnerelnshaI1 reimburse and pay to Grantor all reasonable the expenses incurred by Grantor in/conducting of any special elections which might be required by the charter of the Grantor in connectbn with this franchise. Section 13. The franchise granted herein shall not become ef- fective in whole orin part until the City of Clearwater, the Grantee here- in, shall by a resolution, duly passed and adopted by its City Commission, accept the franchise, privileges and concession herein granted and in said resolution agree to comply wtth the terms and conditions of the said fran- chise and said resolution to contain an agreement to comply with all reason- able ordinances passed by the Town Commission of the Town of Bellealr not in conflict with the terms of said franchise, a certified copy thereof to be delivered to the Town Clerk of the Town of Bel1ea1r Upon the receipt of a certified copy of the re- solution aforesaid, this ordinance and the franchise therein provided shall become effective for all purposes therein provided for. Section 14. That all ordinances or parts of ordinances in con- flict with the provisions of this ordinance be and the same are hereby re- pealed. Section 15. If any section or sections of this ordinance are de- clared invalid for any reason, such invalidity shall not affect the remain- secfions thereof.--~-- - - -- -~.:-'~;-;:;;..;:;:i~~..,,",,~,,;,,; --""i--' ing PASSED ON FIRST READING April 4, 1960 PASSED ON SECOND READING April 4, 1960 PASSED ON THIRD AND FINAL 4, READING AND ADOPTED Apr1l 1960 nA/J, ~ .J9~.A'~ _ _Z~ 'Duncan, Town Clerk I1.ttest: