90-32
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distributed in pipes. It shall nat mean bottle gas or
any other fuel.
(e) The word "Facilities or equipment" shall mean 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 the Grantor's streets
used or useful in the distribution of gas.
Section 2.
That the Grantee is hereby granted a 000-
exclusive franchise, privilege, and concession to furnish gas
within Grantor's municipal limits, together with the right to
use Grantor's streets, avenues, alleys, squares, bridges,
viaducts, utility easements, public rights-of-ways and other
easements for the purpose of laying and maintaining pipes,
and/or such other apparatus necessary to supply gas to Grantor's
inhabitants, and to do all things reasonably necessary to supply
gas to its customers, not otherwise in conflict with any of the
terms and conditions of this franchise or ordinances of Grantor.
Grantee shall locate all facilities and equipment so that such
'.. will not interfere with Grantor's use of its streets and its
utilities, and shall not cause a hazard to the public health,:'
OFFICE OF
HE CI1"i "noRNEY
elly 01 Dun.o,n
50 "',Iw.u~ "....nul
uMClln, FlQllcll ~/IH
safety, welfare, and aesthetics of G~antor, or inconvenience any
of the property owners contiguous thereto.
The Grantee shall
obtain written approval in :.he form of a utility permit,
pursuant to Section 27-12-5-5 and Section 27-4-10 of the Code of
Ordinances of the City of Dunedin as they now exist or may be
amended in the future, from the Grantor as to any proposed
route, design or location of proposed facilities prior to
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OFFICI! OF
lHI!CIN ~rroANE'"
ell., 01 DunedIn
7$0 IM.au"" ".....nu.
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facilities and services to its customers within the City of
Dunedin shall be deemed to be a material breach of this
Agreement.
Such expansion shall occur on the following terms
and conditions, to wit:
A. Gas service shall be extended to customers
desiring said service based on a feasibility formula.
Such
formula shall be the formula currently in effect system-wide as
then administered by the, Grantee, but as a minimum shall be as
follows:
.37 (EAR) - .05 (Canst. Cost)
(Construction Cost) (100) = 20.0% = 5 years
In the event that the system-wide formula
provides for a formula longer than five (5) years, that longer
period shall be used.
B. The Grantee shall invest not less than 10\ of its
capital investrnen~ development funds on the system within the
boundaries of the City of Dunedin providing that the Dunedin
market provides enough customers to economically justify such
expansion.
The standard used to evaluate such capital
expenditures will be no less generous than that employed in the
City of Clearwater or elsewhere in the system.
C. The Grantee shall-implement and shall continue an
aggressive marketing program to promote the use of natural gas
and expand the ,customer base within the Dunedin service area.
Such marketing plan shall include at least the following
eloments:
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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, its
successors and assigns shall in no case be of less quality than
1000 British Thermal Units per cubic foot, and shall be
conducted through the pipes at a pressure sufficient to insure
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 the
applicable rates for the same services then being charged
Grantee's customers in ,the City of Clearwater, Florida. The
Grantee shall have the further right and privilege, of collecting
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reasonable service charges and/or connection fee's, prev ided,
however, such charges and fees are no greater than for similar
services, charges and fees in the City of Clearwater, Florida,
except that they shall additionally include the franchise fees
as shown in Section 11 of this Agreement.
Section 8. Grantor hereby reserves the right at and after
expiration of this grant of franchise to purchase the property
of Grantee used under this grant and as a condition precedent to
the taking effect of this grant, Grantee shall give and grant to
the Grantor the right to purchase 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 City
Clerk within thirty (30) days after the effective date of this
franchise.
OffiCE Of
THI!CITY IonoANEV
Clry 01 Dun"",.
150U""'-u~"Awnu'
OutIMIIn,FlotlOa 346M
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OFFICE OF
rHE CITY ATTORNEV
City D' Oun~,n
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include the gross receipts of such customers in the franchise
fee payments.
Section 12.
Upon expiration of this franchise, said
franchise sha:l automatically be renewed on a day-to-day basis
until such time as the Grantor refuses renewal.
Upon
notification of non-renewal, the Grantee shall, after thirty
(30) days have the right, privilege and option of removing all
franchise piping and equipment, unless the option to purchase
such equipment has been exercised by the Grantor. In the event
of the removal of such equipment, the Grantee shall repair all
of the Grantor's property to the same condition as theretofore
existed.
Section 13. As a further consideration of this franchise,
Grantor agreez 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.
Section 14. 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 City
Commission of the City of Dunedin not in conflict with the 'terms
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of said franchise, a certified copy thereof to be delivered to
the City Clerk of the City of Dunedin.
Upon the receipt of a
certified copy of the resolution aforesaid, this ordinance and
the franchise therein provided shall become effective for all
purposes ther~in provided for, as of May I, 1990.
Section 13. That all ordinances or parts of ordinances in
conflict with the provisions of this ordinance 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 d~fault in the
performance of any such. provision shall be. ground~ for the
termination of this franchise.
Sec tion 14 .
This ordinance shall become effective
immediately upon final passage and adoption.
PASSED AND ADOPTED BY THE CITY OF DUNEDIN, FLORIDA, this
.
.<,. ;-/, day 0 f .Tt.('<_h':
O~~ICE OF .
iE CITY AncRN EY
, Cll~ 01 Dunod'"
,0 M.,.,.u..... A~nu.
,oIMOin. F\ond. ),tl5gll '
Mayor
ATTEST~
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....... ~.... '.. ,~ \. ,:.. ./'1 L.... ,f F ..~"-ft...---(. <<-
City Clerk
PASSED ON FIRST READING: .~6
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PASSED ON SECOND READING:
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