HomeMy WebLinkAboutOrdinance 2000-44 Natural Gas Franchise
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 ofthe 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. I
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resolutions in conflict herewith, are hereby repealed to the extent of the conflict.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
Page I of 2
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.
ADOPTED by the City Commission of the City of Winter Springs, F!orida, in a regdaJ
meeting assembled on the 11 th day of December 2000.
PAUL PARTYKA
Mayor
ATTEST:
ANDREA LORENZO-LUACES
City Clerk
APPROVED AS TO LEGAL FORM
AND UFFICIENCY FOR THE CITY
OF WINTER SPRINGS ONLY:
Anthony A. Garganese, City Attorney
Effective Date: December 11,2000.
Accepted by Franchisee (Florida Public Utilities Company):
Print name/title:Donald E. Kirne
Div. Mgr.
City of Winter Springs Ordinance No. 2000-44
Page 2 of 2