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96-06� �� \ ... �' �. ...../:, � 1� 1 . �� 1 s'�, Y A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CLEARWATBR, FLORIDA, ACCEPTING THE FRANCHISE, PRIVILEGE AND CONCE5SION OF THE CITY OF NEW PORT RICHEY, FLORIDA, FOR THE PURPOSE OF FURNISHING GAS WITHIN NEW PORT RICHEY AND TO ITS INHABITANTS, AND APPROVING THE INTERLOGAL AGREEMENT RELATED THERETO; PROVIDING AN EFFBCTIVE DATE. WFIEREAS, on 3anuary 8, 1996, the City of New I'ort Richey, Florida, adopted Ordinance No. 1388 and approved 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 Clearwater a franchise for the purpose of fizrnishing natural gas service within New Port Richey; and WHEREAS, the terms and conditions of the franchise and the In�erlocal Agreement are acceptable; now, therefore, BE IT RESOLVED BX THE CITY COM?�+IISSION OF THE CITY OF CLEARWATER, FLORIDA: �ection 1• The ternas and conditions of the gas system franchise, privilege and concess'ton granted by the City of IVew I'ort Rickey, Florida, by the adoption of Ordinance No. 138� and the approval of the Interlocal Agreement are hereby accepted, and the City Commissian of the City of Clear�vater does hereby agree to com.ply with the terms and conditions of the franchise and Interlocal Agr�eement and with all reasonable ordinances adopted by the City Council of New Port Richey not inconsistent v�th the franchise, ,9ection 2. This resolutian shall take effect immediately u�on adoption. Upon adoption of this resolution, the City Clerk shall deliver a certified copy to the City Clerk of New Port Richey. PASSED AND ADOPTED this 1�t day oi Fe ruaiy, 1996. � Rita Garvey Mayor-Commissioner ATTESTs , Cynthi . Gnudeati City C �� 0 I1�iTEla1LOCAL AGREEMEI�T I�EGAfltDING G�lS SE�2VICE �)E'i'i�E�l°d 'I'�--IE CI'TY OF 1`IEW PO1R.T I�ICk��Y, FLORII2A, A1�ID TI�E CI'TY OF CI.EAItVVATE�d., Fi,ORIDA 'I'�� .�GItEE1MEN'I', made and entered into this day of 1995, by and between The City of New Port Richey, Florida, a Flarida municipal cosporation, by and through its City Council (herein "NEW PORT RICHEY") and the City of Clea.rwater, a Florida municipal corporation, by and through its City Commission (iaerein "Ci.EARWATER"}. WITNESSETHs W�REAS, it is in the best interests of the citizens of NEW PORT RICHEY to be pre�uided gas service whenever and wherever feasible; and `�V��AS, pursuant to Chapters 166 and 180, Florida Statutes, CLEAR�IATER has the power and the present capability to provide such gas service in NEV�I PORT RICHEY; and V4�d�IEREAS,IVEV�/ PORT �tICHEY and CLEARWATER wish to set forth their agreement with respect to the provision of such gas service to those areas within the cocporate limits of NE�V PORT RI�HEY, pursuant to the provisions of the Florida Interlocal Cooperation Act of 1969, as amended. NOW, THEREFORE, for value and other consideration, it is agreed: SECTI01'1►1. RECITALS The recitals and findings contained above are true and correct and are hereby incorporated witl�in this agreement in full. 1 I V' � y�r�ii s ' .:._� � � - � i u. i. , / / . l'1• �`A For a period of 30 years beginning January 1, 1996 and ending December 31, 2025, NEW PORT RICHEY, its successors, and assigns, does hereby give and grant to CLEARWATER, its successors, and assigns, the non-exclusive right, privile�e and franchise to furnish gas and to construct, operaee and maintain within the corporate limits bf NEW PORT RICHEY, as such limits may be expanded, all facilities required by CLEARWATER to supply gas to NEW PORT RICHEY, its inhabitants anci the places of business located within the corporate limits of NEW POgtT RIC�-IEY, as such limits may be expanded, and other customers and areas now or hereafter supplied, or to be supplied, gas by CLEARWATER. The exercise of this authority and franchise 6y CLEAd�WATER shall be consistent with the terms and conditions of the Ordinance attached hereto as E�chibit "t�" which is incorporated herein by reference. The word "Gas° shall anean natural gas anc!/or commingled gas which is distributed in pipes. It siiall not mean bottled gas or any other fuel; however, noihing herein shali be interpreted to prohibit CL.EA�Wt#TER from engaging in the sale of liquid petroleum (propane) gas. Sectiora 3. TEI�hlSA1VD ��I�IrDITIONS. All terms and conditions as set forth in NEW PORT RICHEY Ordinance No. 138s , a cogy of said franchise ordinance being attached hereto as Exhibit "A", are incorporated herein by reference as if fully set forth herein. � �� it� , �—� �-ti. 1N WITNESS WHEREOF, NEW PORT RICHEY and CITY hereto have executed this agreement on the day and year above written. CITY OF NEW PORT RICHEY By: P . Altman s' �' �' Mayor-Councilmember <"�TTEST: �Y : i � � Jure a se �3ottuer City Cleri� . C� �•�"iC„-l�-�i"'` Thomas K. liRorrison City Attorney � � �� ' Countersigned: Rita 3. �'rarvey Mayor-Commissioner Approved as to form and tegal s�i'iciency: "�l CITY OF CLEARWATER, FLORIDA By: Elizabeth M. Depula ' City Mana�er Attest: �'amela K. �cin Cynthia E. Goudeau City Attorney City Clerk CIVi-95-10-50 R-12-11-95 � � � �� ` � � � ti � �.� t��T� �f�l'� ..�1C�d � iy t� ,y '�e Gateway ?0 7ropicaC��orida' 59�9 :4tain Street, \cw Porl Richey. Florida 34652 .--•, JANUARY 4, 1996 C E R T I F Y C A T I O N I� JUNE SACHSE BOTTNER, , CITY CL.ERK; OF THE °CITTY OF NEW PORT RICHEY, FLORIDA DO HEREBY:CERTIFY�THRT TFiE ATTACHED IS A TRUE AND CORRECT CDPY-OF ORD%NANCE N0. 1388 AS ADOPTED BY THE CITY cou�vc�� ON JANUARY �, 1946. . ;, � r .t ' : x. �. (SEAL7 . �. � • CI7Y CLERK �7�#iAIT A �� ORI)INANCE NO. 1388 ,. ,..,, AN ACT GRA►NTING TO TIiE CaTY OF CL�AI3WAT�R A FRA►NCHISE TO CONSTRUCT, �yVi�, A� OPIERA,TE A PUBLIC UTILTI'Y FOR THE DISTR�BU'I'ION AND SALE OF GAS AND TQ U5E T][i]E Pi1BLIC ST'REE7CS AND HIGHi�VAY5 IFOR TgIAT PURPOSE; PRO�ING FOR GRAIei'I' OF A�J`�IiORITY; PROVIY2ING FOR '�']ERM; I'$�,1yIDING FOIt IlvDEM1otII�'ICATION, Pit�VIDING Ii'pgZ C�1�1IiTTIONS OF USE OF STT�+ E'TS �iND $�� A�S; PROVIDING FOhi CONS'�itiTCTION �(3�{9 P�OVIDDING FOR RA.TES; PROVID�NG FOR �'A�'1VI�1V'T OF ��tAIoTCIF�IS �.iJLATIOI�S A� CITY COIVIF'LIAle1C]E W�� E �D1tDI1�TAlo10E5; P�tO'�ING FQ►1a CON�ETITIVE �r �i�L'i A lL�l`� f_! � S 1�.�+ �1.� 1�'y �d9� 9'� �.l�Al'� lT Y�i! �7L1� �' l�� 8�� L'�1,1��iAlU� �1��7y d i`o �' �FJ.1�11T Fo� EXT�I�TSIOT`1S OF �EI�VICE; �ItO�ING I+'Olt SUFFiCIEl�TCi' O�'+ S�I'I.,Y; I'ItOVIDINC= �'+ �gt FOI�I�'EITZJ�tES �.1�dD ItEV()CATION '�I�' FR�i1�TCHISE9 PR��1�I1`1G FOR 1�TOle1TRA1`TSFEIt�i�IL�3 PIiOV�J�� FOR Il�tT'E13�LOCAIa A.GREEI9ZENT9 PhtOV�.lD1�TG �+'OR COI�IFLIC'T, 1�I8� �G �O� S�VERABILTI'Y; PI�()�ll�dG A1�T EF�EC'I'iVE �A'TE, ]�� I'Y' pltlgt�IIOIEi) B�I THE �I'I'�I CODUNCIL OF THE CI'T'�" OF I`1EVV k'Oit'I' R2.ICHEY AS F�L�O�VS: SGCPiDFi d. Defioaitio��.s For the purposes of this Ordinance, the %llowing terms, phrases, words a�id derivatives sliall have the following meaning: �� - �� , (1) "CITY" is tl�e City of New Port Richey, Pasco County, Florida; (2) "CL�ARWATER" is t�ie City of Clearwater, Pinellas County, Florida, which includes its department, the Clearwater Gas System; (3) "COUNCIL" is the City Council of the City of New Port Richey, Florida; (4) '°PERSON" is a�iy person, finn, partnership, association, corporation, company or orgaiuzation of any kind. (5) "S'I'R�E'PS t�ND �-IIG�IIWAYS" refers to all public streets, roads, boutevards, alleys, lanes or other public ways owned or maintau�ed by the City or ded.ica�ed t� die public for vel�cular traffic and also utcludes sidewalks, easements, and rigl�ts-of way o�ed by the City. 46) '°GAS'° aneans natural gas, co-mingled gas, or any reasonable substitute ther�fo�, except liquid petrolewm (propa�ie) gas. (7) "FACId..I7�'I�S OR EQIJIPMEI�T" means pipe, pipeline, tube, main, serviee, vent, trap, vaui�, �naY�hole, meter, gauge, regula�o�, valv�, �o�duii, appiiance at�acla�nent, applutenances, and any other personal property located, �r to be located a��, up�n, aiong, across, uuder, or over City s�rests or useful in the distribution of gas. (�) "GRUSS gZE��P'i'S ��tOlVi T1HE S.�4LE E�F GAS'° means all revenues received by �l�a.r�vvatea as � result o£ a sale of gas to custoaners within the corporate limits of tl�e �i�y. (9) '°IiEGLJI�A"�`�i3I�S,° mea�s tliase laws, �ules, and regutations enacted by the Sta�e of lFlmrada oa� its r��latary ag�ncies yvluch �overn gas distribution systea�s, sa$es activi�ies, or as5oci�ted facilaiies a�ad equipme�t. �e�tdo�s 2. Grar�rP ofAutlaority T�e CITY hereby grants to CLEARWATER die right, privilege, a�7d frauchise ta distribute and sell GAS aud to erect, construct, operate and maintain a GAS plant, GAS system, dis�ibution system and sales organization for the sale and distribufion of GAS, whether nah�ral, manufactured or mixed, within the CITY, and for these purposes to establish the necessary faoilities and equipment and to lay and 2 �� y�� ,,..� ,--e maintain GAS mauis, service pipes and any od�er equipme�rt necessary to d�e sale and distribution of GAS in die CITY. (1) Nc�nexclusive Gran� The riglits hereui gra��ted sl�all not be exclusive aiid the CITY reserves the right to grant a similar use of its STREETS AND HIGHWAYS to a�iy PERSON during the period of the franchise herein granted. i�° Section 3. Ter�� The tenn of this franchise is for a period of thirty (30) years beginning Jai1U�l � 1996 and end'uag December 31 � 02 25 . CLEARWATER shall be subject to all lawful ordinances of the CITY uid to the lawful exercise of die police gower of the CITY and to those laws, rules, and REGULATIi�NS enacted by the State of Florida or its regulatory agencies. Any inaterial violation of �lie REGLTLATIONS shall be deemed to be a default of CLEARWATER's obligations under fl�is firanchise ordina�2ce a��d sl�all subject CL�ARWATER a�fter notice aud hearing a�id determuiation by tiie CO�JNCIL, pursuant to Section 14, to a fuiding that flie terms of this franchise have been breached and to tt�e can.cellatioii of the francliise. ,5ec�ion 4. I/1i1T�D98/YI�CIiIF�i� CLEARVJATER sha�l sav� ;�e CITY h�ess from a�id indemnify the CITY at ail iunes agau�st all loss, costs, or damages sustained by the CITY on account of any suit, claiin or demaUd resuitiaig from act or omission on the part of CLEAR`1VATER in �e consf�uctio�i, operation or mauitenanee of flie GAS system in the CITY, including the payment of reasonable attomeys fees and ttAe cost of defen�se. The CIT� shall notify Ci,EARWATEIi in dvriting within sixty (60) days after the presentation of any claim or demand eitlner by suit or othervvise made agaia�st the CITY on account of any act or ainission an �l�e part of CLEARWATER. Ira the event that Florida Sta�utory or common law should prolubit indeimuficatio�� as provided here�n, or imposes 1'unitaaons o£ liability (Other than as set fOlt�l 912 S�Ct10I1 7�H.2� Florida Statutes, or other appli�able law), CLEARWATER sliall be required io purchase, or acquire, liability insurauce with aggregate limits of $3,0OO,OUO and will name CITY as an additional insured ur�der said policies of insurance, incle�ding any pla�i or progratn for self uisura�ice or retauied limits by CLEARWATER. Notlung herein is intended to waive or limit sovereign immunity of the CITY or CLEARWATER. 3 �71� ��1� � � ►�eclion S. Coaaeditivns at i/se of STREETS AND HIGHWA YS. .-._ (1) 1J,� All mains, service pipes, fixtures and oflier equipment or appliances placed, inaintained or operated by virtue of this fra�ichise sliall be so placed, conshucted, maintained or operated as to not interfere witix the drainage of the CITY or io iuterfere with or injure any sewer or uuderground fixture for the conveyance of water or a��y ofher iinprovement wlucli tl�e CITY liad heretofore made, or may h�reafter, anake 111 a�id along iis STREETS AND HIGHWAYS nor shall CLEARWATER unnecessarily a�id unreasoi�ably unpede, impair or inconvenience the use of any of die CITY's streets or higliways. Any work done i.uider dus section shall confonn ta die grades and standards for such safe facilities as now or hereafter may be establisl2ed. In addition, CLEARWATER sha11 (a) provide CITY annually widi a tl�ree (3) year plan for expansioii of GAS services witliin the corporate limits of the CITY; (b) not cut into any road for installation of FACILITIES OR EQUIPMEN'�', widiout the prior expressed written pennissio�i of flie CITX and shall, at all times, install GAS facilities by using "jack and bore" or "directional bore" method Of YlISi1111ti01'1; (c) inaintawi a minitnum vertical sepazation of eighteen (1 �) inches and a rr►iniaixtam of five (5) foot horizontial separation, as measured from ouier casing to outer casi�ig, from any and all municipal water and sewer 1'uies during installation of GAS facilities, unless otlierwise approved by tlae CITY's Director of Public Works in WCitlllg; (d) 5ubmit, and l�ave a�proved by the New Port Richey CITY Nianager or his desigiiee, all construction plans and specifications for GAS mains, directional, and jack anc� bore service lines, prior to construction, wluch construction plans shall coi�form to GAS facility conshuction specifications promulgated by the Florida Department of Transportation or the United States Department of Transportation specification; . (e) submit "as built" construction plans to the CITY Public Works Department prior io placing a�iy newly coiistructed facility uito senrice. (2} ��11� Whenever CLEARWATER ei�ters iuto any street, or l�ighway to construct, instalt or maintain ifs facilities, CLEAR.WATER within thirty 4 �� 'i�� ;� .-• (30) days after the completion of Yl�at work, siiall replace or restore a��y trees, vegetation, paving, street or higl�way to as good a condition as obtained immediately prioc to CLEARWATER's work. vi tl�e event CLEAItVdATER fails to make necessary restoratiou within a reasonable period of time, or ui the eve��t d�e restoration made or attempted by CLEARWATER is disapproved by die CiTY, or iii the event the restoration fails and renders da�nage or depreciates the CITY's streets or highways wiQlun a geriod of two (2) years except sod, trees, a�1d vegetation for which �l�e period shatl be ninety (90) days, after CLEARWATER's work, the CI'TY shall notify Ci,EARWATER in writing of tlie restoration iieeded or of the reasons for the CITY's disapproval of the restoration made or attempted to be made by CLEARWATER. CLEt�WAT�R sh�ll then have �3�irty (30) days aiier ��e wratten no�ice is received to make the necessary restoration required in the notice, failing whiclg, tlie CITY shall be autl�orized to make the necessary restoration and cliarge fhe cost to CLEARWATER. Sectio�i 6. Coitstrrsc�on Wor� The CITY reserves the rigirt to lay a�id pernut to be laid electric conduits, water, GAS, and otlier pipelines, or cables, sewers, and to do and permit to be done any underground work tlgai may be deemed necessary or proper by the CITY in, across, atong or under any street or luglaway. bi laying or permitting such work to be done, the CITX shall nai be liable to CLEAIZWATER hereui for any damages so occasioned. Wlienever, by reason of establishing a gade or by reasoii of changes in the grade of any steeet, or by reasou of tlte �ridening, grading, paving, or odierwise impraving pgeseiit or future streets or lugh�vays or iai tlie locat�on or ma�mer of construction of auiy water pipes, electric coiiduits, sewers, or oflier undergrowid structure, it sliall be deemed necessary by the CITY, to alter, change, adap�, or conform the mains, pipel'uies, service pige, or otlier apparatus or appurtena�ices of CLEARWATER hereto, sucli altematioi�s, or changes, siaali be made by CLEARi�VATER as ordered in writing by the CITY, without claim for the reimburseanent or compensation for damages against tlie CITY; provided, however, if the CITY shall require CLEARWATER to adapt or conf'um its FACII,ITIES OR ECZIJII'MENT , or in any way to alter, relocate, or clianges it5 FACILITIES OR EQUIPMENT to eaiable any o�1er person or corporation except the CITY, any other agency exercising powers and duties of the CITY, Pasco County or the State of Florida to use the STREETS AND HIGHWAXS, CLEARWATER shall be reunbursed by die PERSON or corporation desiring or occasioiung such clia�iges for a��y loss, cost or expense caused by or arising out of such change, altemation or relocation of CLEAIZWATER's FACILITIES OR EQUIPMENT. CLEARWATER further agrees that it shall not interfere with, change, or injure any waier pipes, drains, or sewers of the CITY, unless it has received specific permission from the CITY's Director of Public Works. 5 �%L`�l� %`""1, Section 7. Rates .�.6 The rates, charges a��d fees to be charged by CLEARWATER for GAS service to consurners within the corporate limits oi New Port Riclaey during the term of tlus franahise shall be tlie same rates charged by CLEARWATER vvidi the identical rate schedule applied to consumers residing within tlie corporate limits o£ die CITY of CLEARVVATEIa, Florida witliout additional surcharge, or such rates as may be af�xed by any agency of the State of Florida having jurisdiction to fix GAS service rate. ►�ectioat 8. �'rn�tcllis� �'e� In consideratfon of dae grauting of dus franchise, and cominencing upon the et�actrnent of tiais arattchise, and each year of filie fraaqchise thereafter, CITi' shall be e��titled to receive from CLEARVV�4T'EIt a francluse fee equal to six (6) percent of CLEAIZVVATEYt's GROSS KECEIPTS FROIVI � SALE OF GAS within the coaporate limits of Ne�r Fort Ricl�ey, Pasco County, Florida. CLEARWATER wiil pay any a�id all licenses, assessmeilts, or other impositions that may now or hereinafter assessed, levi�d, or i�xrposed by ihe CITY, by die 'Tax Collector, or any other coaastiiutioiial mf�'icer of Pasco County, Florida, or by any otlier loc�l or state entiiy vvl�ic� assess�nents, levies, ianpositio�s, or colle�tions are collected by the CITY or the Tax Coll�ctor or any other const:itutiogial officer oi Pasco County, Florida, upon �LEARVVR�'I'E�'s faciliii�s and properiy and C�EEiRWATER's business at�d operations witihout deduction �rom gross receipts for calculating the monthly franchise fee. The franchise fe� shall �e payable on a calendar quarterly basis, each such calendar quarteri� pay�r►ent being due o�a the last day of tlie month following the end of eacai calendar qu�rter. CLEARWATER agrees to fiunish the CITY a list of all fr��chise customiers within the corporate limits of the CITY of New Port Richey upon demand and without cost. At the end of each fiscal year, CLEARWATER shall submit io the CITY a statememt of CL�AR.WATER's gross receipts derived from within th� eorporate li�nits of the CITY', listing the twelve months of the fiscal year and the respect�ve gross receipts, certified by an independent certified public accountant. Section 9. Regulation aeid CITY Ordinances CLEARWATER shall at all times be subject to lawful ordinances of the CITY and its applicable REGULATIONS now in effect or hereafter enacted relating to the use of the CITY's streets or lvghways. CLEAR.�JATER sl�all at all times compty with all reasonable ord'u�ances, rules, and REGULATIONS enacted or passed by the CITY [� �� -�'G� .-•� .�: not in coi�flict witl� die terms of tl�is francliise. CLEARWATER shall l�ave the right to make, establish, or maintain a�id enforce such reasonable REGULATIONS for the operation of its disteibution system as may be reasonably necessary and proper, not incoiisistent witi� t(te tenns of tl�is fra��ciuse and a�ty orditia��ce of the CITY. CLEARWA'TER may, in its discretion, refuse to fi�rnish GAS or service to any custoaraer vvho is de9inquent on any bill rendered, or for other reasoi�able grounds, in accordance with t1Ye sairie procedures as �LEApi.WATER provides for its customers witl�in tlie CITY oi �LEARWATER. CLEARWATER agrees that all documents relatin� to this franchise sliall be and remain a public record. Se��ioga 10. Cornpedetive Opertatiorrs by tlae CITY. As a fi�sther consideratimn of �l�is franchise, th� �I'FY agre�s not to engage in the busi�gess of distributing atid selling CpAS during the life oi tlus franchise or any �x�ensioai thereof, in co�npetition witti CI,E.ARI�IATEFZ, its successors, and assigns. Not�ung lierein is uitended to prohibit tlae CI'TY fiom approving any other GAS francliise ordinance to any oflier GAS service provider. �ectio'e Id. .4�arz�xat�'r�r� Ir� ehe ever�t oi the aaanexaaon �f any territory to dae present cc�rporate liiauts of �.da� CITY, such atuaexed tezritory and a11 por�ions of the Gt�S system of CLEARWATER. located dierein shal� becoine subject to all of the tenns and coiiditions of this francl�ise and ordinance as of the time such atuiexatioii becomes effeciive. It shall be the respansibilsiy of tlie CI�Y to notify CLEARWATER in writing witlun thiriy (30) days a�er the effective date of every such annexation. Sectaon 12. Exterpsioe� of Servic� In consideration of the righis graz�ted under tlus francluse and the duradon of this franclvse, CLEARWATER agrees that its facilities to be installed witlun the corporate Wnits of the CITY will be expanded to provide service to new customers on the terrns at�d conditions hereuiafter set forth. Such expansion shall occur on the followu�g terms and conditions, to-wit; (1) GAS service sl�all be extended to customers desiru�g said senrice based on a feasibility formula. Such formula sliall be tlie formula currently in effect system- wide as then administered by CLEARWATER, but, at a muumum, shall be as follows: 7 �%G� �° �lr '"1 GAS service sl�all be extended if d�e construction costs expeiided to such customers including, but not liinifed to debt service and expenses will be recavered by CLEARWATER througl� rates paid by those customers within a maximum of seven (7) years. If an application for GAS service does not meet the 7-year payback period, then, vi such event, such customers, may aaiake a lump sum contribution in aid of construction to allow the 7-year payback siandard to be met. bi the event the system-wide formula provides for a fonnula longer than seven (7) years, fliat langer period sliall be used. �'ectiors 13. �uf,jrcien�y ofSupPrJ'• .— This francluse is granted upon condition that CLEARWATER agrees to mai��t�ia� a�id supply suffa�ient qua�itities oiGAS to meet il�e needs and requirements �f its c�asto�ners i�A t�ae CITY. The quality mf GAS slaall at a minimum meet the standards set for it by tt�e Fublic Service Co�nmission. In the event by act of God, strike, riot, public eneiny or other calaaaaity, or restriction in tlie supply of GAS beyond tiie control of CLEARVVA'TER or ats ia�terstat� supplier, or by reason of the reg�aiatioi� exerted by the Florida Public �er�ice Co�inission or the Federal Energy I�egulatory �C�manission or other regalatory body having jurisdiction on the preinises, tlie supply of GAS should be interrupted, CLEARWATER shall, nevertlieless, continue to supply the available GAS to such customers as it is p�ssibl�, and sl�all employ its full services to remedy such deficiency of GAS supply, a��d sliall resume complei� GAS service when that is possible. �ec�ion 14. Forjeiture or revocaeion o,/',�'ranclais� �iolation by CLEARWATER of aziy of �he covenants, tenns, and conditions liereof, or default by CLEAIZ.WATER in observing or canying into effect any of said covenants, terms and conditions, and any material violation by CLEARWATER of the RECTiJLATIONS, shail authorize and empo�ver the dflUNCIL to declare a forfeiture of and to revoke and cancel all rights granted hereunder, provided, however, tl�at before sucin action by the COUNCIL shall become operative and effective, CLEAR�IAT�R shall have been served by tlie COLTNCIL with a wratten notice setting forth all matters pertinent to such violation or default, and describing the action of the COUNCIL with respect thereto, and CLEARWATER shall have E�� C�-U(n � a- a period of sixty (60) days after service of such notice within which to tennuiate sucli violation or default; and pravided further d�at any violation or default arising from a�i act of God, strike, riot, public enemy or otl�er cala�nity or restriction in the supply of GAS beyond the control of CLEARWATER or its interstate suppliers or by reason of fhe regulation exerted by the Public Service Cotrunission or the Federal Energy Regulatory Commission os other regulatory body having jurisdiction on the premises sl�all not constitute grounds for revoking and canceling any rights hereunder. Iu d�e eveni tliat CLEARWATER, upon receipt of said wriiten notice from tlie CITY, does not desist from such viola�ion witliin tlie tune aforesaid , then CLEARWATER shail be cieemed to be in default a�id subject to an appropriate action to tenninate tlie said franchise, grants, privileges, rights, licenses and immunities given by this francluse. CLEARWATER is required to make every effor� to maintain operation and service at alt times in the event of a�iy work stoppage by its employees. Atay material discontuivation, or interruption, of service to a sigiuficant nwnber of custome�s in the CITX in excess of three (3) consecutive days, except in cases arising from act of God, strike, riot, public enemy or other calamity, or restrictio�a in the supply of GAS beyond the control of CLEARWATER or its interstate supplier, or by reason of the regulation exerted by the Florida Public S�rvice Coinaraissioaa or the Federal Energy Regulatory Commission or other regulatory body l�avia9g j�risdietion on tlie �reaa�ises os other cause beyond the conirol of CLE��IRVUATER, shall constitute a default tuider this agreement and may subject �LE��IATER to the remedi�s set forth herein; provided, however, that CLEAIZWATIER shall not be required to lay replacement FACILITIES OR EQIJIPMENT beyond such point as it determines to be econorni�ally feasible, and unless the revenue from such additional FACILI'TIES OR EQUIPIV9ENT sball warrai�t such u�s�allation on a basis of reasonable compensation or return on CLEAI�.VVATER's u�vestinent. Such policy sliall be the sa�ne as CLEARWATER app�ies e�riL� the CITY of CLEAi�WATER. S'ection IS. NorrtPansferability of Frai:cliis� CLEA.RWATER sl�all not sell, assig��, or otherwise transfer its franchise gratited under tliis Ordina�ice to any odier PERSON without the prior written approval of the CITY COUNCIL. No sale or transfer of any niterest in the franchise shail be effective iuitil CLEARWATER has filed with the CITY Clerk the executed l�gal instruAnent reciting the sale, assignment, lease or other transfer. Tlus �ecdon shall noi be deemed tn limit the right of CLEARWATER to pledge and encumber 9 �1�� .''� "°"• its GAS system includin� its frauicliise from the CITY of New Port Richey, Florida, as security for the payment of inoney borrowed by CLEARWATER ui the course of its long-tenn capital investments. Seclion 16. Intee�locad Agree»tees� The CITY and CLEARWATER acknowledge that CLEAR�VATER has the legal authority pwsuant to tlie Florida Statutes to provide (aAS service a.ud, further, tliat the CITY, upon appropriate exercise of its powers could also provide such service. The CITY a�id CLEARWATER have determined it is in the t�esi interests of both parties and their citize�is for CLEARWATER to provide GAS sea�++�ce �vviithin the corporate limits of die CITY as defined herein. Althougli �lie right to provide such G�4S service is being granted hereunder by tlus franchi�e ordinanc�, it is the uiteut of the CITY and CLEARWATER that tl�is ordinance, to die extent necessary, constitute also an interlocal agreement pursuant to the provisions of the Florida Interlocal Cooperative Act of 1969, as a�nended. ►Sec�ios� 19. C'onfldc� All ordinances and parts of ordinances in conflict herewith be and the saane �e hereby repealed. Sectioaa ��. �'everability. It is declared to be tiie intent of the City CQiJ�1CIL of the City of Nedv Port Richey, Florida, that ii any secdon, subsection, sentence, clause or provision c�f this Ordinance is held to be iuvalid or tmconstitutional by any court of competent jurisdiction, tlie remainder of tiie Ordina�ice sliall ba construed as not having contained said section, subsection, senteiice, clause or provisioix and sha11 not b� affected by such holding: Sectioft 19. Effectiv� Date. This ordinance shall take effect immediately upon its adoption and up�n agproval of an Ir+terlocal Agreement between the City of New Port Richey and the City of CLEARWATER. 10 �L-� ��1� � � The above and foregoing Ordina�ice was read a��d approved on first reading at a duIy convened meeting of the City Council of die City of New Port Richey, Florida, this 19th day of December , 1995. The above and foregoing Ordinance was read and approved on second reading at a duly convened meeting of the City Council of the City of New Port Richey, Florida, this 2nd day of 7anuarv , 1996. AT'T'EST: T � S�a�hse Ba�.tner Gaty Clerk CI�I-9S-10-56 . ][�-12-26-95 � / �i'. / �. _/lI�1 ��'. .. . • �� . . . � �- �- � �,�-t�-�-� Thoqnas K. Mora-ison, Esquire , City Attomey 11 Gll�-��1r