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96-01,�--�i RESOLU710N NO. 96-01 A RESOLUTION OF THE CIIY OF CLEARWATER, FLORIDA, ACCEPTING ORDINANCE NO. 601 ADOPTED BY THE CITY OF INDIAN ROGKS BEACH; AGREEING TO COMPLY WITFi THE TERMS THEREOF, INCLUQING ALL RF�4SONABLE ORDINANCES ADUPTED BY THE GRANTOR QF THE FRANChiSE WHICH ARE APPLICABLE TO THE FF2ANCHISE ACl"lVilrY AND NOT IN CONFLICT WITH TNE TERMS OF THE FRANCHISE; PROVIDING AN EFFECTIVE DATE. WNEREAS, 4h� City of Clearwater, Fioritla, functions as a utility for the purposes of providing gas service; and � Wi-lEREAS, the City of Indian Rocks Beach, Florida, has granted to the City of Clearwater th� righ4 to make gas service availabl� in fihe City of Indian Rocks Beach as set forth in Ordinance Alo. �451 as adopt�d by the City of indian Rocks Beach on May 16, 1988; and Wt-BEFtEA s, the City af Indian Rocks Beach has amended Ordinance No. 451 as set forth in C3rdina�ce No. 601 as adopied by fihe City of Indian Rocks Beach; and VilNEREAS, in order to make such amendment to the Franchise Agreement effective, this resolution must be adopted; now, fherefore, BE IT RESOLVED BY THE CITY COMMISSlON OF THE CITY OF CLEARWATER, FLORIDA: �sction 1. The City of Clearwater hereby accep4s the amendment 4o the Franchise Agre�ment as set fiorth in Ordinance No. 601 adopted by the City of Indian Rocks Beach, Ftorida, on November 15, 1995, a cnpy of which is atfiached to this resolution as exhibit A. �.ti�rr 2. The City of Clearwater agrees to comply with the terms and condifiions of Jndian Rocks B�ach C�rdinance No. 601, as it amends Indian Rocks Beach Ordinance No. 451, Section 5, ae�d further agrees to comply vuith all rea§onable ordinances of the City of Indian Rocks �3each applicablc� ta the aciivity permitted by the Franchise where such ordinances do not conflict �nrith the terms of such Franchise. $ection 3 A certified copy of this resolution shall be delivered to the City Clerk of the Cifyr �f indian Rocks Beach, Florida, promptly following its adoption. PASSED AIVD ADOPTED this 4th day of _ Januarv , 1996. Rita Garvey, Mayor-Commissio' r Attest: ` L. Cynt ' E, Goudpau, City Clerk �� �-0i x � 0 � � a � c � � a c � � : � � �� � w �� � p� � cwo � � �� � � ORDINANCE NO. 601 �� AN ORDIR!/�NCE OF THE CiYY OF INDIAN �iOCKS BEACH, FLO�iIDA, AMENDING OR�INANCE NtJ. �&51, GRANTING TO THE CITY OF CLEARlAl�4�'ER, FLORID�9, A! fViUNiCIPA►! GOFdPORAIiIOR�, A FRANCHISE FOR TFiE E�dJRP'OSE OF FURI4lO,�eHONfa i'a�6S 1NIT!-81iV THE C9Y1� OF IIND[AN RO�CiC� ��ACH, SECiION �; UN�'ITLED, �Y PRl]lil�lNC; FOR THE GRANFING OR [3ENYINC OF PERMIT(S) WITHiN 10 Vl4C9FiiCING DAYS FROI�i APP�ICATIORI; PROVI�ING FOR SEVERA�9LBiY; �ROVIDINC� FOEi T9iE REE�E�e►L OF Ol�i)9f�I�a6VCE5 OR PAF87's�° OF ORDBII9/�fi��E$ 1111 CORlFLIC7' h0L6%EWITH, TO THE EXl'EMT OF SUCH CONFLIC�; AND PROVlDIN4a FOR ,4N fFFECT6VE DATE. �E 17 ORDAINELI ��f iHE GITI( COMM!$SION OF �'HE CITY OF INDIAN ROCKS ���lCH, �LQRlDA: SECTIOR! 1. Ordinance iVo. 451 of the City of Indian Rocks Beach, Florida, is hereby amended to read as follows: •F�'�-.--,. "SECTION 5. Grantee shall install the necessary facilities or equipment at its own cost and expense and the same shall be and remain the property of Grantee, and Grantee's facilities or equipment and other physica! properties used in connection with the furnishing of gas under this franchise shall be free from any ad valorem and occupational license tax of Grantor so long as such remains Grantee's pro�erty. Alt mains and pipeline� shall be laid underground. Grantee shall repave or relay, within ten (10) days, all streets disturbed by Grantee for any reason unless there is a previously-approved schedufe. Grantes shall restore such streets with the same quantity and quaiity of material, or its equivalent, as existed prior to the commencement of such work. 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 isstt� either grant or denv such permit within ten t1Q) working davs from application therefor by Grantee. Should Grantee fail or refuse to restore or repair such property within such period af time, then Grantor, after ten (10) days written notice to Grantee, shall have such repairs and restoration done and the expen es 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 shal) pay the other for all costs incident thereto." SECTION 2. If any portion, part or section of this ordinanc� is declared invalid, the valid remainder hereof shall remain in full force and effect. �xxiBiT n �'la�d� .�+. 'L r� 1 SECTION 8. All ordinances, or parts of ordinances, in conflict herewith are hereby repealed, to the extent of such conflicts. SECi'I�N 4. This ordinance shall become effective immediately upon finai passage as required by law. PASSED ON FIRST READING: Octaber 18. 1995 OFFICIAt PUBLICATION DATE: November 5. 1995 PASSED AND ADOPTED ON SECOIVD AN� FINAL READING: November 15. 1995 � , Robert H. DiNicola, Mayor/Commissioner AT�'EST: � � � � ,IL � C �:(�,C Deanne �ulino 0'Rei iy, CMC, City Cle k CiRDINANCE NO. 601 �2. �C�-�l