Loading...
HomeMy WebLinkAboutOrdinance 28 Propane Gas .. ~, ,~ ('. o .. .., '- . ,. ..' THE VILLAGE OF NORTH ORLANDO, FLORIDA ,,' t' ._, . . '~~ ',' , 't\ .;~ ) "4-J ORDINANCE NO.2' AN ORDINANCE GRANTING TO SUBURBAN RULANE GAS CO. OF N. C., INC., ITS LIDAL REPRESENTATIVES, SUCCESSORS AND ASSIGNS, THE RIGHT AND PRIVILIDE OF, AND FRANCHISE FOR, CONSTRUCTING, MAINTAINING AND OPERATING A PROPANE GAS PLANT AND DISTRIBUTION SYSTEM IN THE VILLAGE OF NORTH ORLANDO, COUNTY OF SOONOLE~ AND STATE OF FLORIDA. BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH ORLANDO, FLORIDA: ..V1 J~J~ '->'"i Section 1. That the said VUlageof North Orlando does hereby give and. grant unto SUBURBAN RULANE GAS CO. OF N. C., INC., a corporation organized and existing under the laws. of the State of Florida~ and to its legal representatives, successors and assigns~ the right and privilege ot a tranchise tor constructing, maintaining and operating tor a period ot thirty (,30) years, in the said Village of North Orlando, a propane gas plant, substation and. distribution system, or other gas system for the purpose of p~ovid.ing gas fuel to the said Village, and the dwellings, houses and places. ot business of its inhabitants, and for the purpose further of generating and distributing and/or transmitting propane gas for the purpose of cooking and heat, or any other purpose for which gas may be used. / ; ~ Section 2. That the Si.~L. ;,rantee shall have tor a period ot thirty (,30) years, the privileg~, franchise, power, right and authority to lay, erect and maintain in and upon the squares, streets~ avenues, alleys, wharves, viaducts, bridges and/ or other public thoroughfares and parts of said Village, as they now exist or may hereafter be constructed~ opened, laid out or ex- tended within the present limits of said Village, ;,',2 within such territory as may hereafter be added to it, all neC6~..:::'dry pipes, tanks, meters, conductors, appliances, or other means of conveyance to be used in transmitting propane gas for the purpose of fuel for cooking, heat or power, or for such other pUrpose as gas may be used and for this purpose the authority and right is hereby granted to make all necessar,y excavations in said squares, streets, avenues, alleys or other thoroughfares and parts of said Village; and the grantee shall have the right, power and authority to fasten and to stretch and lay along the lines of said pipelines or other means ot conveyance all the other m.ediums necessary for transmitting and '~t1 ti · !\' "j "~ ~,.. . . \ ~ .u '.''''t . ("\ ~ .. co~veying the fuel gas to be used in eaid business, together with all the rights and privileges necessary or convenient for the full use or enjoyment thereof; including the' right to trim., cut and keep clear all trees and limbs along said lines that may in any way endanger the proper operation of the same; and the grantee shall have the right, privilege and authority to construct, erect and maintain in said Village a substation or central plant or plants, with all the engines, boUers, dynamos, machines and devices, and appliances that may be required for generating propane gas, and for carrying on the business aforesaid, provided that, in acco~ plishing the purposes aforesaid, the streets of said Village shall not be unreasonably obstructed., and work in connection therewith shall be done and carried on in conformity with such reasonable rules and regulations with reference thereto as may be adopted by the Village Council of said Village for the protection of the public; and provided., further, that the said grantee shall assume all lia- bility for damage or personal injury caused by its negligence in doing such work. Section .3. . As a further consideration of this franchise, said Village ot North Orlando agrees not to engage in the business of distributing and selling propane gas during the life of this franchise or a~ extension thereof in competition with the grantee, its legal represent.atives, successors and'assigns. Section 4. That the said grantee shall have the right and privilege to enlarge such distribution plant as it may construct, increase the number of pipelines, conveyances, or ap- pliances, extend its tanks, lines or conveyances, and to generally develop or change its services or methods to meet the growth and progress of said Village, and to conform to the scientific and mechanical advancement and discovery ot the age, and that such work shall be done and carried on in conformity with such reasonable rules and. regulations with reference thereto as may be adopted by the Village Council of this said municipality. Section 5. It is covenanted andagreed by and be- tween the Village ot North Orlando and SUBURBAN RULAl":S GAS CO. OF N. C., INC., a corporation, its legal representatives, successors and assigns, that the municipality has the right, at and after the expiration of this franchise, to purchase the distribution system, lines, conduits and other conveyances for distributing said propane t, ,:.1 t ~f ~-';;"'t": c ';:,."'- ~ ,\ , #J' ~~,;.F r", t) I . gas, or property used under or in conneotion with the franohise or right, or such part of such property as the Village may desire to purchase, which shall be located within the corporate limits . of said Village, at a valuation of the property, real and personal, desired, which valuation sh~l be fixed by arbitration, as may be provided by law, excepting from this reservation other plants . erected outside the present corporate limits and transmission lines , owned by the corporation and connected with its general sygtem of distribution, and. used for the purposes of serving communities other than its grantor herein. Section 6. The rates to be charged by the grantee herein, its legal representatives, successors and assigns, for propane gas service to the said Village and its inhabitants, shill be the corporation I s published rates for domestic and commercial service as now in effeot or as subsequently prescribed. Section 7. As a further consideration for the granting of this franchise, the said grantee shall, during the term of this franchise, pay to the Village of North Orlando as a burden imposed by this ordinance and as one of the expressed conditions and. considerations for the franchise, rights and privileges granted and conferred by this ordinance, three percent (3%) of the gross receipts from the sale of propane gas in the Village of North Orland.o for the thirty years (30) period of this franchise, excepting therefrom the revenues received from the said Village of North Orlando for services for municipal purposes. The said grantee shall be required to keep proper books of account showing monthly gross receipts from the sale of propane gas within the corporate limits of the Village of North Orlando, and shall make a statement, in writing, showing such receipts for each semi-annual period ending June 30th and December 31st of each and every year, and based on such statements shall make payment to the Village Tax Collector the amount due. Section 8. That this Ordinance shall become ef- fective upon the same being legally passed and adopted by the Village Council of North Orlando, and countersigned by both parties, as is provided in its Charter and in accordance with the General Law of the State of Florida; and it is further agreed that the grantee named herein SUBURBAN RULANE GAS CO. OF N. C., INC., accepts . , ........ (~ yi ~ ~3 ~' J \ -"MI,' ,~ ..t ' I '". I I.\. ~_e,; ~'> i I I' I 1 r l r" ~. )I' '" the franchise as of the date of the passage and adoption by the Village Council and its subsequent approval as hereinbetore pro- vided, however, that SUBURBAN RULANE GAS CO. OF N. C., INC. or the Council of the Village of North Orlando may terminate this franchise at anyt,ime during the thirty (30) year term thereof upon sixty (60) days written notice to either party, in which event neither SUBURBAN RULANE GAS CO. OF N. C., INC. nor the Vil- lage of North Orlando nor the Village Council shall have any further rights hereunder (other than the right to receive any amounts then accrued under Section 7 hereof) and the parties hereto shall be deemed to have the same legal rights as if they would have it this tranchise had never been granted and 'accepted. t:I.. Passed tirst reading this ~ Passed second reading t.his scJ.. Passed third reading this .s-c/.. / ~ ATTEST: ~..~~ Village Olerk ,~__ -r"-"" day ot ~ A.D. 1963 , day ot ~ , A.D. 1963 day of ~, A.D. 1963 .',..-. -~'. ---- . -- ... 1""', ~ 1 .. l . . ~ . :.t; ( ~, i ;' " , The toregoing tranch1se is accepted this .1/'" day ot cSf;,~ # A.D. 1963. SUBURBAN aULANE GAS 00. OF N. C., INC. ~ ( ~ ATTEST: h. ~ -'T .~ .r \. '\\ . .,."'t" r ,...... ~ .. .., , ~ , ... .... . .. .., .. . .. ~ (' II ~".' 8l'A'rE OF FIDRIDA. ) coum OF S'D(IWOLE ) SS VILLAGE OF BORTH ORLANDO ) I, ~)f~ # Village Clerk of the V1llage of Borth Orlando# Florida# do hereb,r oert1f7 that the aboTe aDd foreping orc:linance was dta:q and lega'lq puaed and ad.optec:l b7 the Village CouaoU of Borth Orlando# Florida, in reaular session as.-bled# at which "COR a quorum of the Village CouRoU was present, &lid the said orc:li.rwlce is hereby transmitteci to the Jlqor for bis approval. .....:..-, -- -. ~ ~~,~ Village Clerk of the Village of Korth Orlamio, noric:la l, '\..,- ./ ,'. / , .~ ~'. \>~... theaboYe.... toreaoiDg orc:linance . been clul1' -....ined. anc:l the .... 18 h""" &pprO'f'ed. stt! clq.of Date( at Borth Orlando, Florida, this .j1H'~~-' # A. D. 1963 dd~L,..,- IIaJ'or of' the VUlage of Borth Orlando, Florida ~ "<t ,J /' - LAW OFFICiiS STENSTR()M1 DAVIS ec MciNTOSH FLQIltIDA STATE BANt( - SUITE A!2 SANFOAO. FLO~ 327?'1 "!. .~ DOUi:).LAS STENSTROM S.-.!QtlEPH DAVIS, .If!!. MIt+lNCTH W. MCINTOSH O.c-.ber 29. 1910 TELEPHONE 322-217' AR.... C::OOIt.:!!05 P. O. 80X 1330 THOMAS O. "'REItMAN, JPl. "'1!:';b N. JULtAN, JR. \ '\ \ \ \ \ \ \ \ \ \ \ , \ ~~1Mut rap... Qaa JI~)' 17...'2 Mdell_. .Florida Ie: Vtl~ of ....tb 01'1__. a..I..... : Dd.81ette:rt8 ,to ....... ,.. .., _'lJ.~.' =:~-=;.=-~ =-=*,.'= ..... Of.. ._.Ilat'" of" ...1t11...... ,... .~...,.. ,., .' ....n.u..........\i.. ............'._......'} .... Vil1ap ., -- .'.do ....... ..It. ..., ..tIde ........, .. *11.1.. .... .... -1__..,U,.ta. . .~__- ,...W ........~7. .........1' ,...... ..Sl...,...... ..... ..... G..D ~1JnR. Jr. Gf." M_.., itfJl.- . 9ft.... .. ... .1". I'~ -)_... kr __ Cll".. .I.....