97-22�
; . •, �� . •� l•
A RESOLUTION OF TI-IE CITY COMMISSION OF THE CITY
OF CLEt1RWATBR, FLORiDA, ACCEPTING THE
FRANCHISE, PRIVILEGE AND CONCESSION OF THE
TOWN OF BELLEAIR SHORE, FLORIDA, FOR THE
PURPOSE OF FURNISHING GAS WITHIN BELLEAIR SHORE
AND TO ITS HABITANTS, AND APPROVING THE
INTERLOCAL AGREEMENT RELATED THERETO;
FROl/IDING AN EFFECTIVE DATE.
FVI-iEREAS, on M[arch 19, 1997, the Tawti of Belleair 5hore, Florida appcoved an
interlocal agreement with the City of Clearwater, copies of which are attached to the original
of this resolution and incorporated herein by reference, granting the City of Ctearw�ter a
franchise for the purpose of furnishing gas within Belleair Shore; and
WI�EREAS, the terms and conditions of the franchise and the interlocal agreement
are acce�t�ble, and now, therefore,
�E IT ItESOLVED BY THE CITY COMIviIS3ION OF TI�
CITY OF CLEARWATER, FLORII3A:
�ion 1. The terms and conditions of the gas system franchise, privitege and
concession granted by the Town of Belleair, Ftorida is hereby acceptsd, and the City
Commission of the City of Clearwater does hereby agree to com�ly with the tectns and
canditions of the franchise and interlocal agceement and with all reasonable orflina�s�es
adopted by the Towrr Council of Belleair Shore nat inconsistent with the franchise.
ctiqil2, This resolution shall take effect immediately upon adoption. Upon adoption
of this resolutiot�, the City Clerk shall deliver a cectified cogy to the Town Clerk of Belleair
Shore.
PASSED AND ADOPTEB this 3rd day of A ril, 1997.
Ki Garvey, Mayor-�omnn' •ioner
Appraved as ta Form:
John Carassas, Asst. City Attomey �i�,,,,''CYrithi� E. Goudeau,
�:����t�����t �i���'
�
��
� ' �, ,,, , . ,.. � -. : a � � : �
• ;yc > ,x� �' �/� � ,� •• 1'. . . �, ;• : �. ..- � � ,
,;,_� :� � f; ' '[ ` �' ' : ,�' `
�FiYB AGIf�EMENT, ma�.e arad entered in�o this day of
, 1997, by and bEtween the To�m of Belie�ir
Shore, Elorida, a Florida municipal corporation, by and through its
Town Board of Commissioners (herein "TOWN") and the City of
Clearwater, a Florida municipal corpora�ion, by and through its
City Commission (herein 1°CITY").
wa����s�T�
6P�EREAB, it is in �he best interests o� the citizens of TOWN
to be provi�ed gas service whenever and wherever feasibl�; and,
�ERE�B, puxsuant to Chap�ers 16G and 180, F1oxa.da Statutes,
the CITY kaas the power and the pr�sen� capability to p�ovide such
gas servi.ce in TOWN; and
�ER�AS, TOWN and �he �I�'Y wish to set for�h tiaeir agr��men�
with respect �a the provisions of such gas service to those areas
within the corporate limits of TOWN, pursuant tn the provisions af
the Florida interiocal Cooperation Act o£ i9+�9, as amended.
NOW, THEAEFORE, for val�e and ath�r aonside�a�ion, it is
ag�eed:
�ly�a�ib=�� 1. �Yd'�'ERLOCAx, 7�►�RFEMExi't'e
xYae parties acknowledge that the CiTY has �he lega7. au�hority
pursttan� ico the �lorida Statutr�s ta provide gas serviCe �nd,
� tt���lueic�tt �'�-��2
�
further, that Town, upon appropriate exercise of its powers could
also provide such service, The Town and City have determined it is
in the best interests of both parties and their citizens ior City
�o provide gas service within the corpora�e limits of Town as
defined herein.
s�cTaoN a. �ECa�a�ss
The recitals and findings contained above are hereby
inaorporated wi�hin this agreemen� in fu11.
BECTION 3. TERM° G12�►NT; DEFINITIO� OF GAS.
�or a period of 30 years from the effective da�e of this
ag�eemen�, TOWN, its successo�s, and assigns, do hereby agree and
give and grant to th� Czty i�s successo�s and assigns, any
necess�ry right and au�ho�ity to exercise the power to, and to
furnish gas and ta cons��uct, operate and maintain within �he
corporate limit� o� To�n, �11 �acilities required by �he City �o
supply gas �o Town, its inhabitants and �h� �laces o� business
located within Town's corporate limi�s an� a�her custom�rs �nd
areas now or hereafter supplied, or to ba supplie�s gas by City.
The word "Gas�� shall mean na�ur�l gas and/or commingled gas
which is distributed in pipes. I� sh�Zl nat mean bottle gas or a�y
other £uel; however, na�hing• herein shall be intQrpreted �o
prohibit City from engaging in the sale of Iiquid pe�raleum
(propanej gas.
Z R�soluti�n �i��2
0
��cxaort � . RA'1'Eg •
The rates, charges and fees to be charged by the City for gas
service within the corporate limits of Town during the term oE �his
Agreement shall be as provided in the City�s rate schedule now or
hereafter approved by City's City Commission, or as modified by �he
Cfty Manager, or other designed Ci�y official, to the extent City
Manager, or other designated City official, is expressly authorized
t� a�sprove charages to such rates, charges, and fees, or such other
age�cy ofc �he State c�f Florida as may lhave proper jurisdiction over
such ���kes and charges of City� under the general laws o� the State
of Florida, or City�s charter and ordinances. Such rate schedule
sha11 Yze identical to the ra�� sch�dule appZied to rate payers
within the corporate l�.mi�s o� th� Ci�y of Clearwater.
SECTYON 5. ANPTEXATIOP?.
� In the even� of the annexa�ion of any territory to the presen�t
corporat� iiaaits af Tocvn, such annexed terzitory and all po�tions
af �Yte ga� sys�em af Ci�y 3.ocateci thErean shall become su.bjec� ta
�
a3.�. of �he �erms and condits.ans oF �his agreement as of ihe time
stach anatexa�ian becomes effec�iv�. �t sha11 be th� responsiba.lity
of the Tawn to notify City in wri�ting wi�hin i�i�arty {30) da�� a�t��c
the effective date of every sucla ann�xaicion. The Ci'�y sha7,1
i�mp�.ement such annexation wi�t�in thirty (30j eiay�s of i�h� recexpt of
the notice from the Town.
BEC2'ION 6. ��CTENSIO� Ok' gERVIC�s.
In consic�eration a� 4:he r:.gh�s granted unde� this franchis�
a�d the duration of this ��anchf.�e, �he City agrees that its
3
Re�r�].utiu�Y 97--22
0
�
�
�.
�
facilities to be installed within the corporate limits of Town will
be expanded to provide service to ne�a customers on the terms and
conditions hereinagter set forth. Such expansion shall accur on
the following terms and conditions, to wit:
A. Gas service shall be extended to cus�omers desiring
sa�d service based on a feasibility formula. Such formula shall be
the formula currently in effect system-wide as then adminis�ered by
the City, but, at a minimum, shall be as follows:
Gas service shall be extended i€ the corrstruction
costs experaded to service sucia customer(s) including, but no�
limit�ed to deb� ser�v:�^e, axpenses, +snd cos� of fuel, �aill be
racoverecl by City throug;� rates pa:Ld by customer(s) wi�thin a
maxix��.un of l years. IF an arplication for gas service does not
�eet t4�e 7-year pay�back period, then, in such ev�nt, such �
��a�'come�(s), may make a lump sum contribution in aiai of
constrtac�ior► to �11ow the 7-y��r paybacY standarci t� be met.
B. Yn �he event the system-wide formula provides fora
�ormula longer than seven (7) years, �hat longer period shall be
useci.
SECTZSSN 7e F'ORCE MA3'E[FR�.
In tlne event by act� af Gad, strike, riot, pub].ic enemy �r
o�Iner calamity, ar restriction in � he suppiy of g�ns bey�and �he
anntrol of City or its inters�a�e supp2ier or by x�eason of
regulatiara exerteci by the Fiorida Public Servir� Commission or the
Federal, Energy Regulatary Commission or ather r.egulatory body
4
R�solution 97�22
having jurisdictiion in the premises, the supply of the gas should
� be interrupted, the City shall, nevertheless, continue to supply
the available gas to such customers as it is possible, shall employ
its full services to remedy such deficiency of gas suppl�, and
shall resume comp3ete gas service when that is possible.
����I�� �. CO%�ETITION.
As � fur�her consideration of this franchise, Town agrees not
�o engage in the business of distributing and selling gas during
the life of this franchise or any extension thereof in competition
with the City, its successors and assigns.
�ECTIO� 9. EB�ENSION OF AGREEMEN�e
Upon expira�ion of this agreernent, or upon expiration of any
extensions provided for in this paragraph, said agreement shall
automatically be renewed �or five (5) year periods until such time
� a� the To�n prnvides ta City, p�ior to the end of th� ini�ial texm
or the end of any �dditional five (5) year periad, a six (6) months
�ri��en notace o� Town's elec�ion not to extend the agreement �or
an ad�itional five (5) year p�riod. Upon natification of non-
extension, �he City s�all have, �or one (1j year from the end of
tta,e �erai, the right, priviiege ar►d option o� xemcsving a11 agx�ement
�i�ing and equipmer►t. In the ev�nt of the removal �� s���
ecpuipment, the City shall xe�air a11 of the Town°s propertlt' to th�
same condition as theretofor� es:is�ed. City shall also have for a
period of one (1) year af�er such termir►atio;�, the xight to se11
�
5
i
ResoluCion 97-22
any or all of i�s piping and equipment to Town or a third party who
�`'� at �he �ime of termfnati�n or subsequent thereto.
SECTION 10. �RANCHiBE FEE.
In consideration for the granting of this franchise and the
use oi the rights-of-way, easements and o�her public places allowed
her�und�r, the Town reserves the right to charge a franchise fee
and the City agrees to pay such granchise fee in an amount not to
exceed five percent (5�j af the gross receip�s from the sale of qas
wf�hin the corporate lima�s of the Town for the zor the term of
this franchise as established by subsequent ordinance of the Town
Commission. Such amended franchise f�e shal� be implemented by �he
Eitp no later tYaan thir�y (30) days from the date of the delivery
of written notification �o the City by the Town of such franchise
fee charge, or amendment, said wra�ten notice to be accompanied .by
a copy of the adopted ordinance. Paym�n� af the franchise fee by
the City to the Town shall b�: made on a quarterly basis.
�ECTION 19.o CONF'Y,�C'A'.
A1.1. ordinances and pa�ts of ordinanoes adopted to effectuate
�his agreement in conflict herewxth be and the same are iae�°eby
repealed.
BECTgON �2. SEVERA�IL�TY.
I� any sec�ian or s�ctions nf this agxeement are declared
invalid for any reaso�a, suah anvalidity shal.l nat aff.ect the
remaining sea�ions thereo�.
�
S
Resolutiion 97=22
�. f
�
;�
SECTION 13. F.FFECTIVE DATE.
This agreement shall become effective upon the acceptance of
this agreement by appropriate ac� by City's governing board after
adoption by Town's governing board.
YN WITNESS WHEREOF, BELLF•AIR SHORE and CLEARWATER hereto have
executed this agreement o� the day and year above wri�ten.
Coun�ersigned:
lNiayo�°C�mmissioner
TOWIV QF � LLEAIR SHO �, FL ID�
BY•
PSA R �
, ESQUIRE
� ATTORNEY
CITY OF CLEAR63A�ER, FLORIDA
�X•
• City 2danager .
Appxoved as �o form and
legal suff3ciency: ATTEST:
CITY CLEPi{
JOHN CAI2ASSAS
ASSZSTANT CITY ATTORNEY
�
telf c+;rahacal ju.�gmt
��