HomeMy WebLinkAbout2000 12 11 Public Hearings D Florida Public Utilities Company, Ordinance 2000-44
Date: 12/11/2000
This was originally on the12/11/00 Consent
Agenda but was moved to the Public Hearings
Agenda.
Emergency Ordinance 2000-44 issued at this
Meeting.
COMMISSION AGENDA
ITEM D
CONSENT X
INFORMA TlONAL
PUBLIC HEARING
REGULAR
December 11,2000
Meeting
MG~qi)
Authorization
REQUEST: The General Services Department requests the City Commission extend the
current franchise with Florida Public Utilities Company for One Hundred
Eighty (180) days from its expiration date of December 31, 2000.
PURPOSE: The purpose of this item is to allow time for further negotiations on terms and
conditions of a new franchise agreement with Florida Public Utilities Company,
which provides natural and propane gas services to portion of Winter Springs.
CONSIDERATIONS:
As of December 31, 2000, a franchise agreement with Florida Public Utilities
Company will expire. This agreement between the company and the Village of North
Orlando, was memorialized in ordinance form, and became effective December 31, 1970.
On May 17,2000, FPUC transmitted a proposed agreement to be effective
December 31, 2000.
On June 5, 2000, an initial negotiating session was conducted in City Hall to
discuss terms and conditions in the proposed agreement. Present were the Division
Manager ofPFUC, the Director of General Services, and the Director of Public
Utilities/Public Works.
The City requested four changes to the proposed agreement during this
negotiating session, and another during a subsequent telephone conversation between the
FPUC Division Manager and the Director of General Services.
December 11, 2000
Consent Agenda Item "D"
Page 2
During the intervening six months, further discussions were conducted by
telephone, with FPUC indicating it could satisfy only one of the five requested changes,
and it has offered a compromise on another.
Staff wishes to continue negotiations and pursue interests that benefit the City,
but requires additional time to do so.
FUNDING:
None required.
RECOMMENDATION:
It is recommended that the current franchise agreement be extended through July I, 2001,
to allow for additional negotiations with FPUC.
ATTACHMENTS:
Ordinance #54 of the Village of North Orlando, passed and adopted December 21, 1970.
COMMISSION ACTION:
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ORDINANCE
AN ORDINANCE OF 'filE VILLAGE COUNCIL OF TIlE
VIllAGE OF NORTH ORLANDO, IN SEMINOLE COUNTY,
FLORIDA, GRANTING TO FLORIDA PUBLIC UTILITIES
CONPANY, ITS SUCCESSORS AND ASSIGNS, A GAS
. l"RANC.1US~ AND IMPOSING PROVISIONS AND. CONDITIONS
RELATING THERETO, PROVIDING AN EFFECTIVE DATE'
BE IT, AND IT' IS 'HEREBY ORDAINED BY THE VILLAGE
COUNCIL OF THE VILLAGE OF NORTH ORLANDO, IN
SEMINOLE COUNTY, FLORIDA
Sec tion 1. THE VILLAGE' OF NORTH ORLANDO, . IN SEMINOLE
COUNTY, FLORIDA, hereinafter called.the Grantor, hereby grants
to FLORIDA PUBLIC UTILITIES COMPANY, a Florida corporation,
hereinafter called the Grantee, its successors and assigns, for
the term of thirty (30) years beginning ten (10) days after the
date of the final passage of this Ordinanc~, the right, privilege
and authority or franchise to construct or otherwise acquire and
to own, maintain, equip and operate plants and works"and all
necessary or desirable facilities, appurtenant, thereto, for the
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purchase, transmission, distribution and sale of natural gas.
Section 2. The term "natural gas" shall mean and
as ligas:!.
Section 3.
This,franchise shall include the right
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without the payment by Grantee of any tax, assessment or charges
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therefor to construct, lay, r'extend, maintain, renew, remove; ~
replace, repair,'use and operate gas pipes and gas mains, and all
appurtenances and appendages thereto, in, under
or on or across
alleys, highways, ,
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tbe present and future public streets, avenues,
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bridgei, casements and oth~rpublic places within the-present pr
I, any future corporate limits of the Grantor or its successors,
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. ., .,.~. . .... ~.''''-~. . .., ,. . ....,.~ . " :,a ..,.. ~l" ...-,":'",:..j~:':'l'"~ '".
for the purpose of' distributing'.. supplying-and' selling '.gas 't:O",'J./,::..~
Grantor or its succeDsors, nnd to persons and corporations
inhabitants thoreof as well as to persons or corporations beyond
the present or future corporate limits thet"eof.
Section 4. Nothing herein contained shall relieve
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Section 5. Grantee's facilities shull be so located or I
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\-lith traffic over said streets, avenues, alleys, highHays, bridgesl
easements and other public places, and to interfere as little as
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~ Grantee from meeting all requirements of the Village building
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and payment of any fees, licenses or ad valorem taxes.
;1 relocated and so erected as to interfere 8S little 8S possible
possible with reasonable egress from and ingress to abutting
property.
The location or relocation of all facilities shall be
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made under the supervision and with the approval of such repre-
sentatives as the governing body of Grantor may designate for
the purpose, but not so as unreasonably to interfere with the
!! proper operation of Grantee's facilities and service. When any
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" portion of a street is excavated by Grantee in the location or
relocation of any of its facilities the portion of the street
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so excavated shnll, within a reasonable time and as early as
practicable after such excavation, be replaced by the Grantee
at its expanse and in aa good condition 86 it wae at the time of
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such excavation, and. in 'addition, such work shall be done only in,
the manner and pursuant to the regulations, if any, established
~ by the ordinances of the Grantor.
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Section 6.
Subject to the provisions hereof) Grantee
shall at all times during the term of this franchise promptly
and without discrimination furnish an adequate supply of gas of
standard quality and at a reasonably uniform and adequate pressure:
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ii to be maintained on Grantee's system, to Grantor and its suc-
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cessors, and to persons and corporation inhabitants thereof who
request the same and who agree to abide by Grantee's reasonable
rules and regulations.
Section '7. Grantee shall acquire, construct, maintain
equip and operate all necessary plants, works and facilities for
I the purchase, transmission, supply, peak shaving, distribution
,
and sale of, gas-for the benefit and convenience of Grantor and
its inhabitants, and shall make promptly such extensions to
existing facilities as may be required by one or more customers,
or prospective cU8tom~rs, provided that if the revenues to be
derived from such extensions shall not afford a fair and
reasonable return on the cost of providing and rendering the
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required service, then and in that event, Grantee shall be
permitted to, arid is hereby authorized to exact from such custome
or customers, such reasonable cash advances, contributions, mini-
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mum guarantees oervice guarantees or other arrangements, as \Yill
enable Grantee to earn a fair and reasonable return on the cost
of providing and rendering the required service.
Section 8. Grantee's rattls for gas shall at all times
be subject to such regulations as may be provided by lm<1. Grantee
shall not be entitled to claim any value on account of this
franchise in the value of Grantee's property or rate base.
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Section 9. Subjest to the consumers' consent, Grantee
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shall have the right to install and maintain on the premises of
each of its customers' meters for measuring gas sold and delivere
and shall have the right of ingress and egress to the premises of
each consumer free of charge, from time to time" for the purpose
of reading, repairing, testing and maintaining Grantee's meters
and appurtenances. Such meters and appurtenances shall at all
times remain thG property of Grantee, and shall be removable by
Grantee at any time, 'by"lawful means.
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Section 10.
enforce reasonable rules and regulations with
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extension, initiation and rendoring of gas service, including
rules providing for. the discontinuanoe of service to any customer
on account of non-payment of bills when due, or upon failure to
corn~ly with the Grantee's other reasonable rules and regulations.
Section ll~ Grantee shall indemnify and save and keep
Grantor hanuless from any and nll liability by reason of damage
or injury to any person or property whatsoever on account of
the negligence of Grantee in the installation, maintenance, and
operation of its facilities; provided Grantor shall promptly in
each case notify Grantee in writing of any claim against Grantor
on account thereof, and shall afford Grantee opportunity to
defend the same.
Section 12. Within thirty (30) days after the first
anniversary date of this grant and within thirty (30) days after
each succeeding anniversary date during the existence of this
grant, the Grantee, its successors and assigns, shall pay to
the Grantor or its successors ';!._p"~vilege tax equal to the amount
by._.~~~i~_~ six (6) per cent of the amoullt_ of its gro~~:.::e~~~s
(gross revenues being the amount of revenues collect less
adjustments) from the sale of gas to residential customers and
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commercial customers except interruptible customers within
the corporate limits of Grantor for the Dve1ve (12) calendar mon s
preceding the applicable anniversary date, shall exceed the amou
of a-'!!y other taxes or licenses levied or imposed by Gr_~_~.!=.~.r
against Grantee's property, business, revenues,privileges, or
operations for the tax year preceding the beginning of the
applicable privilege tax year.
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Section 13.
Grantee by its acceptance' here'ofl'ag~ee8T&<.," ..< .0(.0
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to observe, perform and keep all of the agreements, undertakings
and conditions hereof to be observed, performed und kept by
'I Gran tee.
Se~tio~ 14. Failure on the part of Grantee to comply
I in any substantial respect with any of the provisions of this
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ordinance, shall be grounds for a forfeiture of this grant, but
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nb such forfeiture shall take effect if the reasonableness or
pro~riety thereof is protested by Grantee until a court of com-
petent jurisdiction (with right of appeal in either party)
shall have found that Grantee has failed to complyin.a sub-
stantial respect .with any of the provisions of this franchise,
and the Grantee shall have six (6) months after the final determi-
nation of the question, to make good the default before a forfeit-
ure shall result with the right in Grantor at its discretion to
grant such additional time to Grantee for compliance as nocessitie
in the case require.
Section 15. In any case where there is interruption
or impairment of service, or failure of supply of gas or pressure,
Grantee shall promptly remedy such condition. No interruption
r impairment of service or failure of supply of gas or pressure
reason of force majeure, strike, breakdown, accident or other
happening beyond .the 'control of Grantee shall constitute
breach of this .ordinance provided that such interruption, or
mpairment of service or failure of supply of gas ~r pressure
y reason of force majeure, strike, breakdown, accident, or other
ause of happening shall be remedied promptly,
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"n"';~"1'\@"i~)fi'i~'~~'0i0:')\;:";'1~~;",.. ."" ,,;.. .~" ..'
.;,;>:,:', ,:', S ec t io n:,16'~>< No i:Withs tanding
",' '.' ' '! . ",' ," ,::<;:,':}:: ::)\;':,!;;.c~\.:,:;,~{!~(;,?;' ': > "." " .:-- :?:i\ '\\,,'~::~~:;~.::rf,..,~,~~,:.. :'~:'r;~:~~
this o,rdinance. Graqtee:<shal,l': b'e~under, no obligation' to:begtn::~he"f;
. . .' ,:",.'::,:,><, ::,:::;,:i/':;:'>::,;'::::":,:',':.: " "'," .'. ",,' .': .,;;:,):,:\' :,.:, . ...'
construction .of, its,plant',.:works and other facilitiesfor.:the ..... ,,"
.,:/., ..,':,':.:':> .':',:., ,:,:-";,:::<,\,,,.';,:::,..;.;,:,;,tX:::!:;:;:.:,':',' .,' ' ,. ',.. ~.+:...:(. ?~::j.':,' I:." ."
purchase /c.tranBmisB1on';:',':(~!~.~'t:ibution . and. sale' .of . gas." h~re;Un.#t:'::;<:;;;~:,
'..' '. : .', . I.'. .: :;" . '>. '. ::;'.;':,:,~".:'.,::":;i'::.;""i';:',:.:{'}~'.':' ",:,":, ' ..'. ::~',:,\ :<~'~: (L>.:.:..:;,.<:~ ".,
until >,~uc~ ';'~i#,~,.:~~.a,;i;la,~~~..~.~:;,g~,~",;~(.,~vailab le for' pu'rcha~e~.py::'i,:,~" ': ::,;:!\': :';'
:.' . ;,.r.. ''':''~,~::?': ':,':"i':':;:,::':':::::.r:'::'::::',i;:':',:~:"".:: "!~.:,,<' .' .,;:, ::,:",.
, , ;Grantee.:, a(.such, 'po,~qt.."o,K':i.4,~,~~yery,;'~i:'at such price or p.~.~ges>~,nd,:.~:;"\; ..,.',
,,' '. .:::.,.' '~:.<: ;,~'::~><'/<':\>/~:;~r'.~,~~<'}::;:Ji\i~\~::!~rY/1;:,. :"/::,':">":.)~'.;," ' ,,; ..' .," . ' ,'. .:~.".; :'?::..'}ij,;:.) ~s,~: ;:;:'';::,: :',' ,:.;.';: '>2i."
:in :'su,ch:. qu'antiti'3s:Y~f3fG~~nt,e,e.',',I?~al~>iq :.,its sole '. discret:ion> deem~ ':\; ."'"
. . .. . ~ . ..,. I ',. ., I. .:.... ..... ~ :~'" ,.~..:~.:,.:",.. 'r';":, .:~.:'..' ~,:~':'.'.
. .'," . ' ',i.:'" .... :r:,::,/:'''::-''::';:',.',':':.''':': ':.:: : ',: ,',::;:" ."':'.";", .... .;" ".,'.. .
~atisfactory'~nd~~~~ro~e~12Graritee'~ha~1 have th~ right to :' ~.'
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surrender 'this franc~~8.e~\al1(~B(llvage, all of its plant,:'works, .
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and f~~11iti~s ,i~'; ~hfj",~,~e~~;; n'atur,al: gar,": 'shall ~t any' ~~e:cease:
,.,' '..': ' ,:, ..' ""':':::::":"::::::"::{,,,,,,,::::~..::,:,~.'I,'::".>' :,,:" ,<,'... . : " J:;~"" ,: .'::. ,'0'
j,' ..to' be:.:avai1a~1~ '-:~9r,~~B.tF.~PH.~,i,?n. ~nd ..~al~ .he.re~nder~~::'.~foresaid'~,':"
"',', . '.'. .,." ;',":.."', ',.,>',:,<':'~:'"L:~":'<:".:,:;.: .: ,.'::. "" . '~. .' .",):,::,' ,':',.
" ""'" Until.;natural/i'gas:\i's'."ava1lable' as above~ outlinedt' . ,- " ,
. . ".,:..;....,',:.,':.,'...>:~\~:y;;./:'::,I:'\",:,~y':~>;:::,';:::.':,:'::,' ><:,:,:-..'::', .,: ',,':. ':.::\: ,','!'.~;:(.<:'.'", . .",:,:,
. .'Grant~e',' sh~ll:. furniBA;i,.l.iqu~~~ed'.;'p~~roleum gas'". in'clud~ng:'m~ed .:,',;-:'
,>~j;f, '<i:~l~<;';':' "';/:,~",,,,::,,<,,,,"'::~:'/;'>:~:;~"~:~~1'~:':";::i;:~',:'<~>"':"/';':\>::':"'">''' ,','. ,: ':',',,1 .":;.;...,' >,.~\..... '.': ..'
.~ ::;~f W.~< r~,~~rp1e~.:: l~'qu~~~e"~/:y~~.~.p...t~~/gas'~':'to,' custo~'et~,,;~w~t~r.:~' ~he' '.'. ,
',!~"" . !'. ...... _' ~ '.'...:. . :.'" ''tr,'',~:,:\''.'I'':L I,~: ;,~:'}~:"'., ..":.~ l,r.. ".' . ......~.J: ; ,,':'J":.. .'
..... 'iimi~~!?f ,,~h~' Yi\~'~~if:ie::~ii~~i()~t~do . through.. ~ W~~~(lY~' ,'.
owned. subs idiary ..,~ F,16,~,pa~:~,CC>:I:por<ttion, " a Florida c rp?rati,pn.. 'I;,
'.". , :~:::};:~:';:";}',:. 0:;'. {t;',::i:':;:k;ii::r~;~.,:,~:~t(:;.~,:~",:. >:: <:,',,:\','.~:" "":~,./ ".": ~': \ " :.":, ."n~":,,:,,::~' :,,;}-:;:<, .>'
.' . Grantee' shall. :be::'p.9,~,~~~~.~;'i(~~:;:.~t~,/,diBc~~tion" to' sup 1~y,.satd'.." ',' . .
. " .... . ':",. . .' ,:":<":.:,;,::,:::!,~;{;":,:;:,,,,..:',,,""";;':>' .:" . '. :':".':, ..' ,:,:...:, ", . ,;0:"...... :
lique f ieq: pe tro ie~m::;'gas,',,;thr6tigl~'e:Lthe rind i vid~a 1.9 tor'~~ e .tanks i:':....;:;)
. ,... ..;,~: :..:,.\..:. ..~':.::.::,:~;).~'~:.;',.,;.'!;r::~:;::l::':<:'!"::":,':~;';:.'_'~\,,:.': :\>.i<<. ..' ': :."' . -.. ":." ',. ,..t.:. .-.;. ....',
located on '~~sto'~~'r'B:~:':p'r'e,~s.~'s.:;~~';,~.thro~gh distribut'10n' ~'ai "
. .' '." :"',',: ..,.?:):...?~,;,,<.;.::: ,~:'::," ......
'" undergrou~d: stot:~g~./:~,tI~st,,~n,~_:~er'yices as prov~ded he7,~in." :\~\.. :-,:.
o.,i ;':.' " . ::.', :::."::.,,:'..,', ',:'::~:\i;::\:~i.:~~:,:~~\~.::;,::.i:;',,;/'::;,,~:~:.:," ":':,'" " :", " ..', ", \"'"
......... .... ....... .~~en ~~~~:)~~J!'j:f;t0~,~Qr'i,U\lFV ne cir a l..~~s. ~s~:;t\ :ade '. \;,'" .
available.:in'::,the':Nillage~:;.Qfi,..,~orth'~~orlando, :. it'. s1\a11': pa'y;'six ;..(6%)'::: <,".
. , ';... ...':', ~~;i:"",,,,,' :,:';':',',,::,:,,>~,./)~i'~;~;:}<,.':: :.',':'.<:,~. ,','., : '. ' '. >:'\'" " . ',~ ~.-.~ ,:" >. ,,'
,,~~'~;!:~:E{.:.~~~::~t.:f~ii:;~~~~l~:~j~;~~::~~~~%\!3~:::2~;0:,:::...~.f,'" all. g~B:I,',:;s,~~~<:~r!,.:t:~~'~~,: :" .. ,,'
. '. '. ,-lIt' I'" . .~.. . ~,''rf'''~''''~'''\''~:'',\: ......r: , . -. '. .'1 .... . . " " . .' ", . .
, ~e~~~~:~<~~~:~~~lt:~~;~~1~;~~"r~:~~~t}y.,~~~~,~':'~~bSidia~y .wit~~n .'th~ >:: ! ,~.,::,~(:
.~. .~: .,.......\.;.:.:'.....l/~.~...-r/.~\~t.. <'i.,~;'./'..~,~..:....:t..1,.'.~,t~J(II..;II:~-\:Il!,'..r..~ ,.,1',.../ . .:: " , '" ~'-;" " .' f",':'
.,.." ,corporate,"'limits\aB,~'prov.ided:herein. .' ,..~ ,,':,: ~'~',.' .'
. "';,;c ::?;i:~tt~il}tj'1i\~;,t<<~~~Si~iF~~on 0 f Gmt~e Is::r+rt~t~~~~: ;:;
hereunder:, as : evid~n~edl' b,Y:i;l.~s' .acceptance ,hereof,:. the: ,Grantor:)::;;,~;/:\:;:. .!
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agre~s.1 no.~: to.: ellgagei4n';, the,',: pus~.pess of,' distributing _ and: sell:f.Ilg'.;:J
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gas during the life of ,this fra~chi8e or any exte~'8'i~n'~iherGO,f~, ,',
. .': "~:' '~~:':'~":.':~~:r ;~1~{~:.
in competition with the Grantee, its successors and assigns. .' ",
Section 18. Grantor hereby reserves the right at and
after the expiration or termination of this grant to purchase
the property of Gran~ee used under this grant, as provided by
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the laws of Florida, in effect at the time of Grantee's acceptanc
hereof, including Section 167.22 of the Florida Statutes, 1969,
and as a condition precedent to the taking effect of this grant,
Grantee shall give and grant to the Grantor the right to p)Jrchase
so reserved. Grantee shall be deemed to have given and granted
such right of purchase by its acceptance hereof, which shall be
filed with Grantor's Clerk within thirty (30) days after the
final passage of this .ordinance.
Section 19. All of the terms, provisions and con-
ditions hereof shall inure to and be binding upon the respective
successor~ and assigns of the Grantor and the Grantee.
Section 20. All gas franchise ordinances and parts of
gas franchise ordinances in conflict herewith shall be, and the
same are hereby repealed as of the effective date of this ordinanc .
Section 21. This ordinance shall take effect immediatel
jupon its execution by the Mayor and Village C~erk of the Village
of North Orlando, Florida.
FIRST READING December 7 r 1970 '
SECOND READING December 21, 197'0
THIRD AND FINAL READING December 21. 1970
PASSED AND ADOPTED this 21st day of December
, 197J:l.
ArrEST: ;
MAYOR
VILLAGE CLERK
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ORDINANCE NO. 2000-44
AN EMERGENCY ORDINANCE OF THE CITY
COMMISSION OF THE CITY OF WINTER SPRINGS,
FLORIDA, EXTENDING THE TERM OF THE NATURAL
GAS FRANCHISE GRANTED BY ORDINANCE NO, 54
UNTIL JULY 1, 2001; PROVIDING FOR THE REPEAL OF
PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the current natural gas franchise ordinance, granted on December 21, 1970, will
expire on December 31, 2000; and
WHEREAS, the City Commission will not hold another meeting until after the term of
Ordinance No. 54 expires, therefore, an emergency exists requiring immediate and timely action to
extend the franchise to allow negotiations as stated herein; and
WHEREAS, City staff is currently negotiating a new natural gas franchise with Florida
Public Utilities Company and desires additional time to complete the negotiations and prepare a new
franchise ordinance for the City Commission's consideration and adoption; and
WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this
ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter
Springs to extend the franchise term provided in Ordinance No. 54 for a period of time set forth
herein in order to allow City staff additional time to complete negotiations on a new franchise with
Florida Public Utilities Company.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1. Franchise Term Extended, The natural gas franchise term set forth in
Ordinance No. 54 is hereby extended one hundred eighty (180) days and said term shall now expire
on July 1, 2001. All other terms and conditions contained in Ordinance No. 54 shall be unchanged
by this Ordinance and shall remain in full force and effect.
Section 2. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts of ordinances and
resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 3. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
City of Winter Springs Ordinance No. 2000-44
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be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this ordinance.
Section 5. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Commission of the City of Winter Springs, Florida. , '
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ADOPTED by the City Commission of the City of Winter Springs/PI,,,"rida} lin a,regolwY, '.,
meeting assembled on the 11 th day of December 2000. Q : :,", .. , , '
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PAUL PARTYKA --0 '--
Mayor
ATTEST:
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'------ANDRE~-L9
City Clerk
APPROVED AS TO LEGAL FORM
AND UFFICIENCY FOR THE CITY
OF ER SPRINGS ONLY:
Attorney
Effective Date: December 11,2000.
Accepted by Franchisee (Florida Public Utilities Company):
Q~,~~ C, 7~~
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F:\DOCSICity of Winter SpringslOrdinances. 2000l0rdinance . 2000.44\2000-44,kj
City of Winter Springs Ordinance No. 2000-44
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