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88-27 . ~~~~""""".,,~:;,:~~'" ~"~"'V""l:\'~t,~~j~'~~"rc~.('~#~"'.~. :" . ~ ,i",~~'-.. . "', 'L~ .h'r':,~~r; , ' ~..... 11~ "In I" j."oo.' '.. l hI.,. ..- . ~~~~/~ ~ Oh 't't'"., .~':;.,<~'~ -'. ~Vh ':'\'c . ",HI . ~~*~,)\.,'o, . . i... c . ".,~. '........ ,'....t, 'v.,;,"... " ':;'~~': .~y~~r - ~ -. ""';' '.,,.., .";". ," ,',<.:t ,~~;,;:.. ';.::>'. ~.;;<. ~;", J~," ';"';" ,'"" ~ : < I.:, '; >:;~',~.. '..: . '. ,", . it,:". ~. ,.,' , . ".,' . . . .. ^ ~ 0- @ ~ MSOLUTlON NO. 88- 27 ^ RESO~UTION OF THE CITY COMMISSION O~ TH~ CITY OF CLEARWATER, FLORIDA, PLACING A LIEN ON CERTAIN R~AL PROPERTY FOR PAST DUE UTI~ITY BILLS. WHEREAS, tho City Manager pursuant to Seotion 50.08 of the Code of Ordinanoea, City of Clearwater, has presented to the City Commission a list of properties with unpaid utility bills; and WH~REAS, the list of such properties is set forth in Exhibit A attaohed to thi~ resolution and made a part herein; and WHEREAS, the City Commission, as required by Seotion 50.08, has established a pUblic hearing date, to wit: June 2, 1988, for the purpose of conSidering whether or not to place a lien on each such propertYi and WHEREAS, notice of suoh public hearing has been prOVided to each property owner on the list; and WHEREAS, such publio hearing was held on June 2, 1988i and WHEREAS, pursuant to Section 50.08, the City Commission wishes to adopt a resolution placing a lien on the properties identified on Exhibit A; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA, IN SESSION DULY AND REGULARLY ASSEMBLED, AS FOLLOWS: 1. That pursuant to Section 50.08 of the Code of Ordinances, City of Clearwater, the properties listed on Exhibit A, attached to this re~olution and made a part hereof, after notice to each property owner, were oonsidered at a public hearing held June 2, 1988, the question being should a lien for unpaid utility oharges be placed against each property on the listi that suoh hearing was conducted; and that the City Commission finds that such utility oharges remain unpaid and that by reason of such fact a lien in the amount of such unpaid utility oharge nhould be pIa oed against each suoh property. 2. That the City Co~missjon, pursuant to Section 50.08 of tho Code of Ordinances, City of Clearwatel', hereby plaoes a lien against each of the properties listed on E,chibit A attached hereto, such lien being one for unpaid utility charges in the amount set forth on Exhibit A. I, '. RES 88-27 1 . 6/2/88 ::j.. .' . . @ ~ 3. That the City Clerk is hereby directed to prepare a notioe of lien against eaoh property listed on Exhibit A for the amount shown on Exhibit ^ and to file the same in the Orfioe of the Clerk or the Circuit Court of Pinellas County, Florida. 4. That this resolution shall beoome effeotive immediately.upon its adoption. PASSED AND ADOPTED this 2nd day of Juno, A.D. 1988. Attest: ,", ~~-~ .Jd5.~c.- " ;:.~~,ity ~lei:'k:'. . . , d.. ~ \ " i ~. \ ". ", 2. '1 .\ , , A ~itY @'l> ." ' . , " RESOLUTION No. 88 - 29 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA, ACCEPTING' THE GAS FRANCHISE CONTAINED WITHIN ORDINANCE NO. 451 ADOPTED BY THE CITY OF INDIAN ROCKS BEACH, AND AGREEING TO CpMPLY WITH THE TERMS THEREOF, INCLUDING ALL REASONABLE ORDIN AN CES ADOPTED BY TUE GRANTOR OF THE FRANCHISE WHICH ARE APPLICABLE TO THE FRANCHISE ACTIVITY AND NOT IN CONFLICT WITH THE TERMS OF THE FRANCHISE. I' WHEREAS, the City of Clearwater, Florida, functions as a utility for the purpose of providing gas service; and WHEREAS, the City oC Indian Rocks Beach has offered a franchise to the City of Clearwater to make gas service available in the City of Indian Rocks Beach, as set forth In OrdInance No. 451 as adopted by the City of Indian Rocks Beach on May 16, 1988; and WHEREAS, in order to make such franchise effective, this resolution must be . adopted; now therefore, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: . Section 1. The City of Clearwater, Florida, hereby accepts the franchise, InclUding the privileges and concessions contained therein, as set out in Ordinance No. 451 adopted by the City of Indian Rocks Beach, Florida, on May 16, 1988, a copy of which is attached to this resolution as Exhibit A. Section 2. The City of Clearwater, Florida, agrees to comply with the terms and conditions of such franchise and further agrees to comply with all reasonable ordinances of the City oC Indian Rocks Beach appll~able to the activity permitted by the franchise where such ordinances do not contlict with the terms of such franchise. Section 3. A certified copy of this resolution shall be dellvered to the City Clerk of the City of Indian Rocks Beach, Florida, promptly following Its adoption. Section 4. This resolution shall take effect immediately upon upon its adoption. PASSED AND ADOPTED this 7th day of July , 1988. Attest: , ~ f~r_~ " ' !f6.5pj,c2J> .. ~ v @~~' .'..,\ ", ORDINANCE NO. ~/ AN ORDINANCE OF THE CITY OF INDIAN ROCKS DEACH, FLORIDA, GRANTING TO TilE CITY OF CLEARWATER, FLORIDA, A MUNICIPAL CORPORATION, 1\ FRANCHISE FOR THE PURPOSE OF FURNISHING GAS WITHIN THE CITY OF INDIAN ROCKS BEACH AND PROVIDING FOR AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF INDIAN ROCKS BEACH, IN SESSION DULY AND REGULARLY ASSEMBLED: 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 - the City of Clearwater, a Florida municipal corporation, in its present incorporated form, or as may subsequently be reorganized, consolidated, or reincorporated. (b) Grantor ~ the City of Indian Rocks Beach, a Florida municipal corporation, in its present incorporated form, or as may subsequently be reorganized, consolidated or reincorporated, and to all inhabitants and . properties therein. (c) Streets - all pUblic streets, rights-of-way, l~nes. all~ys, courts, bridges (excluding the area above deck level). (d) Gas - natural gas,' commingled gas, or any reasonable substitute therefor. (e) Facilities or equipment - pipe, pipeline, 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 Grantor's streets, and used or useful in the distribution of gas. (f) Gross receipts from the sale of gas - all revenues received by Grantee as a result of the sale of gas to the Grantor. Section 2. Grantee is her~by granted a franchise, privilege, and concession to 'furnish gas to Grantor, together with the right to use Grantor's streets and , ' easements for ..the purpose of laying and maintaining pipes, or, such other apparatus necessary to supply gas to Grantor, and to do all things reasonably necessary to supply gas to - I - EXHIBIT A " " G n!;\ ~ Grontor, not otherwiso in conflict with any of the terms Bnd 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 con~iguous thereto. This franchise shall also constitute an interlocal agreement under Chapter 163, Florida Statutes, pursuant to which Grantor agrees that Grantee shall exercise any or all powers vented in Grantor pursuant to Chapter 180, Florida Statutes, necessary or desirable in furnishing gas. service pursuant to this franchise. Section 3. The franchise, 'rights and privileges hereby granted shall continue and be in force for the period of thirty (30) years from the date the franchise granted herein becomes effective. This franchise or any interest therein may not be assigned without the prior approval of Grantor. 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 gas to any such person for any cause wi.thin its control for a periOd of seventy-two (72) hours shall act as a default of this franchise at the option of Grantor. Grantee may be liable for damages for failure to provide service to any of its consumers, as such may be provided between individual contracts between Grantee and its consumers; provided, however, that Grantee' shall not be required to lay facilities or equipment beyond such point as it determines to be economically feasible, and unless the revenue from such additional facilities or equipment shall warrant such installation on. a basis of reasonable compensation or return on Grantee's investment. Such pOlicy sha.ll be the same as Grantee applies within the City of Clearwater. - 2 - , " @ @ , , Section 5. Grontee shall install the necessary focilities or equipment at its own cost and expense and the same shall be and remain the property of Grantee, and Granteets facilities other physical equipment and or properties used in connection wi tn the furnishing of gos under this franchise shall be free from any ad valorem and occupational license tax of Grantor so long as such remains Granteets property. 1\11 mains and pipelines shall be laid underground. Grantee shall repave or re,lay, within teh (10) days, all streets disturbed by Grantee for any reason unless there is a previously-approved schedule. Grantee shall restore such streets with the same quantity and quality of material, or its equivalent, as existed prior to the commencement of such worlt. Grantee shall obtain a permit from Grantor, without charge, prior to the construction or installation of any facilities or equipment, and supply Grantor with as-built drawings of all such facilities or equipment. Grantor shall issue such permit within twenty- four (24) hours from application therefor by Grantee. Should '. Grantee fail or ,refuse to restore or repair such property " within such period of time, then Grantor, after ten (10) days written notice to Grantee, sh~ll have such repairs and restoration done and the expenses incident thereto shall be paid by Grantee. In the event that relocation of Grantor's or Grantee I s property is subsequently required, that party requiring such relocation shall pay the other for all costs incident thereto. 'Section 6. Nothing. herein contained shall be so construed as to render the Grantor anywise 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 authorized. Grantee shall at all times indemnify and save Grantor harmless against all damages, judgments, decrees and costs which may arise or acc~ue to Gr~ntor from injury to persons or property caused by the r.arelessneS5 or neglect in ~' . / the execution or conduct of the work hereinunder authorized - 3 - . , ~ ~ @ or by the failure of Grantoe, ita 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, itp employees or agents, be construed as the agent of the Grantee or its employees or agents. Section 7. The gas to be furnished by Grantee shall in no case be of less qual.fty than. 1000 British Thermal Units per cubic foot, and shall b~ conducted through the pipes at a pressure' sufficient to insure satiSfactory opera tion. The Grante~ shall have the privilege and option of charging reasonable prices therefor, provided, however, that in no case shall the charge therefor exceed $.035 per therm more than the retail price of. Grantee's consumers in the city of Clearwater, plus franchise fees as shawn in Section. 9 of this agreement. 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's other consumers, plus travel expenses to be agreed to between the parties from time to time. Section 8. Grantee shall at all times comply with all reasonable ordinances, rules and regulations enacted ,or passed by the Grantor not in conflict with the terms of this franchise. Grantee shall have the right to make, establish and maintain and enforce such reasonabl~ regulations for the operation of its. distributing system' as may 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. Grantee may;' in its discretion, refuse to furnish gas to any customer who is delinquent for any bill rendered, 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 franchise shall - 4 - . . . . . ~ ~ t;1;\ ~ bo and remain public records. Grantee agrees to furnish Grontor 0 list of all franchise customers upon demand. Section 9. In consideration for the grant of this franchiso, Grantee shall pay to Grantor: (n) Four percent (4%) of the gross receipts from sale of gas within the limits of the Grantor for the first ten (10) years of this franchise; (b) Four and one-half percent (4-1/2%) of the gross receipts' from the sale of gas within . the limits of Grantor for the second ten (10) " years of this franchise; and (c) Five percent (5%) of the gross receipts from the sale of gas within the limits ~f Grantor for the final ten (10) years of this franchise. Grantee shall be required to keep proper books of account showing monthly gross receipts from the sale of gas within the limits of Grantor, and shall make a statement in .'... writing showing ~he receipts for each such monthly per~od for each and every year of this franchise, and based upon sucb statement shall make concomitant monthly payment to Grantor of 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 fee shall not .be deemed to preempt or otherwise exclude the Grantor from levying additional utility or other taxes which Grantor may lawfully impose upon Grantee's customers. Section" IO. Upon expiration' 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 Grant~e ninety (90) days prior to the end of such period if franchise shall not be renewed. 'Grantee shall, after' thirty (30) days have the right, - 5 - \, Gi) @I priviloge, and option of r~moving all fronchisa piping ond equipmont. In ouch evont, Grantoe oholl repoir all of the Grantor's proporty to tho Bame condition DS theretofore existod. Sec:tion 11. As n further consideration of this franchise, Grantor agroos not to engage in the business of distributing and selling gas during the life of this franchise or Gny extension thereof in competition with the Grantee and further covenants and agrees to pass and adopt such reasonable ordinances and regulations as will protect tho physicol components of the system bl'!ing installed by Grontee ond olso protect such employees and agents as may be working with the aystem following its installation. SQction 12. The franchise ~rnnted herein shall not bocome effoctivo in whole. or in plirt until the Grantee sholl, by reBolution duly passed, and adopted by its Commission, accept the franchise, privileges and concession herein grunted. By said resolution, Grantee shall agree to comply with the torms and conditions of this.franchise and shall ngree to comply with all reasonable, ordinances passed I . by tho Grantor not in conflict with the terms hereof. Upon passage of such resolution, this ordinance and the franchise therein provided shall become effective for all purposes. Section 13. That all ordinances or parts of ordinances in conflict with the provisions of this ordin~nce be and the same are hereby repealed. If any section or sections of this ordinance are declared invalid for any .reason,' such invalidity shall not affect the remaining sections thereof. The parties further acknowledge that each term and provision of this ordinance is material to the franchise, and default in the performance of any such provision shall be grounds f.or the termination of this (ranchise. - 6 - .) . I J .. , " , .'1 (9 @) Section l~._ This ordinance shall become effective immediately upon final passage and adoption., PASSED AND ADOPTED BY THE CITY OF INDIAN ROCKS DE:^CIl, FLORIDA, THIS 16th May DAY OF \: e/'~~ Mayor ATTEST: /1./ e' !a -i;j":~" ...... /{ . (.M/J"1t-rL/ & /-1./ ~ . . City Clerk PASSED ON FIRST READING: Hay 2, 1988 P1\SSED ON SECOND READING: l,lay 16, 1988 . ) ,I .7 , . ! " . , . . ~ ; ,~ ,.. c . t' '. , 1908. ,.' !. I ' j' , ',. ,." "1 '. . .' "