Loading...
HomeMy WebLinkAboutOrdinance 54 Public UtilitiesORD #54 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH ORLANDO, IN SEMINOLE COUNTY, FLORIDA, GRANTING TO FLORIDA PUBLIC UTILITIES COMPANY, ITS SUCCESSORS AND ASSIGNS, A GAS FRANCHISE AND IMPOoING 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 Section 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 Ordinance, 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 purchase, transmission, distribution and sale of natural gas. Section 2. The term "natural gas" shall mean and include either natural gas unmixed as delivered to Grantee or any mixture of such natural gas with artificial gas or with liquefied petroleum gas or with both, herein referred to generally as "gas". Section 3. This franchise shall include the right without the payment by Grantee of any tax, assessment or charges therefor to construct, lay, 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 the present and future public streets, avenues, alleys, highways, bridges, easements and other public places within the present or any future corporate limits of the Grantor or its successors, for the purpose of distributing, supplying and selling gas to Grantor or its successors, and to persons and corporations inhabitants thereof as well as to persons or corporations beyond the present or future corporate limits thereof. Section 4. Nothing herein contained shall relieve Grantee from meeting all requirements of the Village building code and payment of any fees, licenses or ad valorem taxes. Section 5. Grantee's facilities shall be so located or relocated and so erected as to interfere as little as possible with traffic over said streets, avenues, alleys, highways, bridges easements and other public places, and to interfere as little as possible with reasonable egress from and ingress to abutting property. The location or relocation of all facilities shall be 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 portion of a street is excavated by Grantee in the location or relocation of any of its facilities the portion of the street so excavated shall, within a reasonable time and as early as practicable after such excavation, be replaced by the Grantee at its expense and in as good condition as it was at the time of 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. 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 -2- to be maintained on Grantee's system, to Grantor and its suc- 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 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 customers, 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 required service, then and in that event, Grantee shall be permitted to, and is hereby authorized to exact from such custome or customers, such reasonable cash advances, contributions, mini- mum guarantees service guarantees or other arrangements, as will enable Grantee to earn a fair and reasonable return on the cost of providing and rendering the required service. Section 8. Granteels rates for gas shall at all times be subject to such regulations as may be provided by law. Grantee shall not be entitled to claim any value on account of this franchise in the value of Grantee's property or rate base. Section 9. Subject to the consumers' consent, Grantee shall have the right to install and maintain on the premises of each of its customers' meters for measuring gas sold and delivered 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 the property of Grantee, and shall be removable by Grantee at any time, by lawful means. -3- Section 10. Grantee shall have the right to adopt and enforce reasonable rules and regulations with respect to the extension, initiation and rendering of gas service, including rules providing for the discontinuance of service to any customer on account of non-payment of bills when due, or upon failure to comply with the Grantee's other reasonable rules and regulations. Section 11. Grantee shall indemnify and save and keep Grantor harmless from any and all 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 a privilege tax equal to the amount by which six (6) per cent of the amount of its gross revenues (gross revenues being the amount of revenues collect less adjustments) from the sale of gas to residential customers and commercial customers except interruptible customers within the corporate limits of Grantor for the twelve (12) calendar preceding the applicable anniversary date, shall exceed the amoun of any other taxes or licenses levied or imposed by Grantor against Grantee's property, business, revenues,privileges, or operations for the tax year preceding the beginning of the applicable privilege tax year. -4- Section 13. Grantee by its acceptance hereof agrees to observe, perform and keep all of the agreements, undertakings and conditions hereof to be observed, performed and kept by Grantee. Section 14. Failure on the part of Grantee to comply in any substantial respect with any of the provisions of this ordinance, shall be grounds for a forfeiture of this grant, but no such forfeiture shall take effect if the reasonableness or propriety 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 comply in 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 necessities 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 or impairment of service or failure of supply of gas or pressure by reason of force majeure, strike, breakdown, accident or other cause or happening beyond the control of Grantee shall constitute a breach of this ordinance provided that such interruption, or impairment of service or failure of supply of gas or pressure by reason of force majeure, strike, breakdown, accident, or other cause of happening shall be remedied promptly. -5- Section 16. Notwithstanding Grantee's acceptance of this ordinance Grantee shall be under no obligation to begin the construction of its plant, works and other facilities for the purchase, transmission, distribution and sale of gas hereunder until such time as natural gas is available for purchase by Grantee at such point of delivery, at such price or prices and in such quantities as Grantee shall in its sole discretion deem satisfactory and approve. Grantee shall have the right to surrender this franchise and salvage all of its plant, works, and facilities in the event natural gas shall at any time cease to be available fordistribution and sale hereunder as aforesaid. Until natural gas is available as above outlined, Grantee shall furnish liquefied petroleum gas, including mixed or reformed liquefied petroleum gas, to customers within the limits of the Village of North Orlando through its wholly- owned subsidiary, Flo-Gas Corporation, a Florida corporation. Grantee shall be permitted, at its discretion, to supply said liquefied petroleum gas through either individual storage tanks located on customers' premises or through distribution mains, underground storage tanks and services as provided herein. Grantee agrees that until natural gas is first made available in the Village of North Orlando, it shall pay six (6%) percent of its adjusted gross sales of all gas sold to resi- dential customers of the wholly-owned subsidiary within the corporate limits as provided herein. Section 17. In consideration of Grantee's undertakings hereunder as evidenced by its acceptance hereof, the Grantor agrees not to engage in the business of distributing and selling -6- gas during the life of this franchise or any extension thereof 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 Grantee used under this grant, as provided by the laws of Florida, in effect at the time of Grantee's acceptance 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 purchase 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 successors 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 ordinance. Section 21. This ordinance shall take effect immediately upon its execution by the Mayor and Village Clerk of the Village of North Orlando, Florida. FIRST READING December 7, 1970. SECOND REDING December 21, 1970 THIRD AND FINAL READING December 21, 1970. PASSED AND ADOPTED this 21 day of December, 1970. Clifford D. Jackson ATTEST: Mary T. Norton VILLAGE CLERK -7-