Loading...
Ordinance 4142 3 4 s 6 B 9 10 11 BE IT oRDASNED eY TIIE Lf TY COUNCIL OF TxE CITY OF LONGWOOD, FLORIDA, As FOLLOWS. N 1: 111E CITY of LONGWOOD, iN sCMINOS.E COUNTY, FLORIDA, hereinafter called the Grantor, Hereby g nts t0 FLORIDA PUBLIC UTILITIES COMPANY, a Florida corporation, hereinafter called the Grantee, its successors and ass g for the term of thirty (30) years begin n:ing ten (101 days after the date of the final p s g of this Ordinance, the right, pri vileye and authority or franchise to constz uct or otherwise acquire and to own, marntaan, equip and operate plants and works and all necessary or desirable facrlr tres appurtenant t}ie reto, for the purchase, tramsmrssron, distribution and sale of natural gas. SECTION 2 mhe term natural gas" sha 11 mean and include either natural gas Unmrxed as del rvered to (,rantee or any mrxtuee of such natnra g s wrth artif icra g or wr th liquefied petroleum gas or w.i th both, herein referred to generally as "gas". It rs expressly understood that this Ordinance will not gcant to Florian publrc Utr lrtres c p y, a Florian c p atr on, an ezc lus.ive. f.rancnise for the sale of gas by tank or by bottle wrthrn the Lity of Longwood, Florrda. Furth hat the phrase "by tank or by bottle" applies to use of individual tanks or bottles at i ndiv.id ual customer lOCat'ions and the sale to several customer locatrons from a common tank by use of meters at individual customer locatrons. secaloN J: Th.ia trance lee ana ll inclnde the right with- out the payment by Grantee of any tax, assessment or cnaryes therefor to construct, ].ay, extend, marntarn, renew, remove, replace, r p r, use and operate gas p.i.pes and gas ma.i.ns, and all 3J 19 15 16 i] 18 19 20 21 22 23 24 25 26 2] 28 29 30 31 32 33 34 35 36 37 38 present or future corporate limits thereof. Nothing herein rontarnaa snarl Grantee Erom meeting all. requirements of Che Town bui and payment of any fees, licenses or ad valorem taxes little as possible with reasonable egress from and ingress to abutti nq property. mhe location or re locatron of all facilit s ha 11 be made under the supervision and wrth the approval of such representatives as the go erning body of Grantor may designate for the purpose, but not so as unreasonably to early as p acticab le after such excavatton, be replaced by [he Grantee at ats expense and in as good condition as vt was at and wrthout discz'imina[.i.on Cuenish an adequate supply of gas of standar q lity and at a reasonably uniform and adequate press _Z_ r ~~ 4 5 6 8 9 10 11 12 13 l4 15 16 1J 1B 19 20 21 22 23 24 25 26 2J 2B 29 30 31 32 33 ]4 35 36 3J 38 to be marn tar ned on Grantee's system, to Grantor and its successor and to persons and c po atron inhabitan is thereof who request the same and who agree to abide by Grantee's reasonable rules and regulations. N >: Gr antea shall a q re, construct, marntarn, equip and operate all necessary plants, works and facilities for the pucchase, tzansmrss ron, supply, peak shaving, distribution and sale of gas for the benefit and convenrence of Grantor and its inhabitants, and shall make promptly such extensrons [o exrsting facilities as may be required by one or more customers, or prospective customers, provided that if the revenues to be aerivea from sucn extensrons shall not affora a fair ana reasonabl, retnrn on the cost of pro~iainq ana renaering the regnirea serer re, then and in that event, Grantee shall be permitted to, and is Hereby authorized to exact from such cus[ome r, or customers such reasonable cash advances, contributions, minrmum guarantees, servrce q ran to es or other arrangements, as will enab ie Grantee to earn a fair and ce as Doable return on the cost of providing and zende ring the required servrce. If and in the event Gf antee shall fail to commence cons tcuctron of facrlr tr es required to comply with the servre p vrsrons of th rs Ordinance within "120 days from the effective date of this Ordinance, then and in that event this Ordinance sna11 become vord and of no force and effect. delivered and shall have the right of ingress and egress to the p mrses of each consumer tree of charge, tram trme to trme, for the p p e of reading, repaiz'ing, testrng nd marnta.ining Grantee meters and appurtenances. Such meters and appurtenances cna 11 at 1 2 3 9 5 8 10 11 12 13 14 15 16 1] 18 19 20 21 22 23 24 25 26 2] 2B 29 30 31 32 33 34 35 l6 311 trmes remarn the property of Grantee, and shall be removable >y Grantee at any trme, by lawful means. _ N S0: Grantee shall have the right to adopt and .nforce reasonable rules and r gulations with respect to the ,xtensron, anrtration and rendeeing of gas service, inclvd inq rules p viaing fo.r the discontinuance of service fo any customer cn account of non-payment of bills wFen due, or upon failure to =omply with [he Grantee s other reasonable rules and zegulati ons. SECTION 11: Grantee shall indemnify and save and keep Grantor harmless from any and all liability by season of damage of gas to residential customers and commercial customers except interruptible customers within the corporate Simi is of Grantor for the twelve (12) calmnd ar months preoea ing the epplioable annivers y ace, shall exceed the amount of any other taxes or licenses levied or imposed by Grantor against Grantee s property, business, revenues, privileges, or operations for the tax y r preceding the beginning of the app l..i cable pr.iv.i l.eye tax year. Crantee by its ac pt nce hereof ag es to observe, perform and keep all. of the agreements, undertakings and conditions hereof to be observed, performed antl kept by Grantee. Grantee shall c p y rom time to time with all reasonable safety g ations promulgated by the City of L g ood, the County of f~ 38 2 1 4 fi semrnole ana the state of £lox iaa. I TION 14: Failure on the part of Grantee to comply vn an substantial respect w.oth any of the provisions of this Ordinance, shall be g ands for a Eorteiture of this grant, but no such forfeiture shall take effect if the reasonableness or propriety thereof is protested by Grantee until a coast of competent jurisdiction (with .right of appeal in ei[ber party) shall have found that Grantee nas failed to comply in a substantial 10 11 12 13 19 15 16 1] 18 19 20 21 22 23 24 25 26 n 2B 29 30 31 32 33 39 35 36 37 38 Grantee shall have sox (6) months after the final determination of the question, to make good the default before a forfeiture shall result wr th the right in Grantor at ots discretion to yran such additional tome to Grantee foz compliance as necessvtves rn or v p rment of servvice, or failure to supply of gas or pressure, Grantee shall p omptly remedy such condition. No ontex rvption or impairment of servvice of failure of supply of gas or pressure by reason of force majeure, stroke, breakdown, accident or other cause or happening beyond the control o£ Grantee shall constvtute a breach of this Ordinance o vided that such interruption, or impairment of se of failure of svpp ly of gas or pressure by reason o£ force 1 re, stroke, breakdown, accident, ox other cause of happening snap be remedied promptly. SECTION lE: Notwv Lhstanding Grantee s acceptance of th' Ord.inan ce Grantee shall be under no obligation to begin the con- structvon of its plant, works and otner facilities for the purchase, tr ansmvss von, d.istx'i bution and sa ].e of gas hereunder until such tome as natural gas is available for purchase by GranteE at such point of delivery, at s„cn price or p aces and on such quantities as Grantee sha 11 in vts sole discretion deem satosfactory and approve. Grantee ..hall have the q io surrender this franchise and salvage all o£ its plant, wor s, and f acil..i ties in the event. natural. gas shall at any tome cease to be availanle for aistribntion ana sale nerennaer as aforasaia. Until natural gas is available as above outlined, Gr shall £urnisn liquefied petroleum gas, including mixed or reformed Liquefied petroleum gas, to customers within the limits of the City of Longwood thro g its wholly-owned subsidiary, Flo-Gas Corporation, a Florida corporation. Grantee shall be permitted at its discretion, to supply said liquefied petroleum gas through eitner individual s[ocage tanks Socated on customers' premises or through distribution mains, underground storage tanks and servrces as provided Herein. Grantee agrees [hat until natural gas is first made available in the City of Lonywood, it shall pay srx (68I peccent of ats adjusted gross sales of al.l gas sold to res.iden tial cus tome of the wholly-owned subsidiary wrthrn the corporate limits as provided herein. N 17: In consideration of Grantee s undertakiny hereunder as evidenced by its acceptance hereof, the Grantor g es not to engage in the business of distributing and selling gas during the life of this franchise ox any extension to ereof ,n cop ruon witn the Grantee, its encceaaora ana aaaigns. vcxloN 1 Grantor Hereby reserves the right at and after the expiration ox termination of this grant to purchase the p op ty of Grantee used under thrs grant, as provided by the laws of Florida, cn effect at the [rme of Grantee s acceptance hereof, including Section 16.22 of the Florida Statutes, 1969, and as a condition preceaent to the taking effect of this grant, Grantee shall give and yrant to the Grantor the right to purcnase so reserved. Grantee shall be deemed to Mave given and g nted such g of purchase by its acceptance nereoE, wn.ich shall be filed with Grantor s C1e rk within thicty (3p) days after the f'in al passage of thrs Ordinance. hereof mall inure Lo and be b.i nding up lthe respective success and assigns of the Grantor and the Grantee. ~~ f E ].C 11 12 13 14 SS 16 18 19 20 21 22 ',,.. 2] 24 ',,, zs 26 27 2A 29 )0 31 32 33 34 35 ', 3t 3E ~~ i ~ L. ~ _ . ~~rs~.<<~ ~~, ,~ ,t>>~~~,~