HomeMy WebLinkAboutOrdinance_14_07/08/1958 ORDINANCE NO. 14
AN ORDINANCE GRANTING TO FLORIDA PUBLIC UTILITIES COMPANY,
ITS SUCCESSORS AND ASSIGNS, A GAS FRANCHISE, AND IMPOSING PROVISIONS
AND CONDITIONS RELATING THERETO.
BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA,
PALM BEACH COUNTY, FLORIDA, as follows:
Section 1. The Village of Tequesta, Florida (herein sometimes
called the "Grantor ") hereby grants to FLORIDA PUBLIC UTILITIES COMPANY,
a Florida corporation, (herein 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 the 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, which 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 liquefied petroleum
gas, or both (herein referred to generally as "gas "), including 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 2. 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 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 representatives 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 established by the ordinances of the Grantor.
Section 3. Subject to the provisions hereof Grantee shall at
all times during the term of this franchise promptly and without discrimina-
tion furnish an adequate supply of gas of the quality obtainable from
Grantee's supplier and at a reasonably uniform pressure to be maintained
on Grantee's system, to Grantor and its successors, and to persons and
corporation inhabitants thereof who request the same and agree to abide
by Grantee's reasonable rules and regulations, and shall acquire, con-
struct, maintain, equip and operate all necessary plants, works and
facilities for the (manufacture, generation,) purchase, transmission,
supply 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 Grantee shall be
permitted to, and is hereby authorized to exact from such customer, or
customers, such cash advances, minimum 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 4. Grantee's 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.
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Section 5. 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.
Section 6. 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 7. 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 8. 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 five percent of the amount of
its gross revenues (gross revenues being the amount of revenues collected
less charge off for uncollectible accounts and adjustments) from the sale
of gas to residential customers within the corporate limits of Grantor
for the twelve calendar months preceding the applicable anniversary date,
shall exceed the amount of any other taxes, licenses or other impositions
levied or imposed by Grantor against Grantee's property, business or
operations for the tax year preceding the beginning of the applicable
privilege tax year.
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Section 9. 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 10. 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 competent jurisdiction (with right of appeal in
either party) shall have found that Grantee has failed to comply in a
substantial respect with any of the provisions of this franchise, and the
Grantee shall have six (6) months after the final determination of the
question, to make good the default before a forfeiture 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. No interrup-
tion 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 nor subject the Grantee to liability for damages, provided the
Grantee shall use due diligence to restore service as promptly as reasonably
practicable.
Section 11. 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, distri-
bution 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 satis-
factory 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 for distribution
and sale hereunder as aforesaid or may at Grantee's option furnish other
type of gas, or the Grantor may apply the provisions of Section 13 hereof.
Section 12. In consideration of Grantee's undertakings here-
under as evidenced by its acceptance hereof, the Grantor agrees not to
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engage in the business of distributing and selling gas during the life
of this franchise or any extension thereof in competition with the Grantee,
its successors and assigns.
Section 13. 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, 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
the Grantor's Clerk within thirty (30) days after the final passage of
this ordinance.
Section 14. All of the terms, provisions and conditions hereof
shall inure to and be binding upon the respective successors and assigns
of the Grantor and the Grantee.
Section 15. It is recognized and understood that the Village
of Tequesta is giving a franchise of even date herewith to Flo -Gas Cor-
poration, a Florida corporation, to furnish liquefied petroleum gas to
said Village and that the two franchises shall run concurrently until
natural gas is available under the terms of Section 11 hereof and shall
continue thereafter but with the understanding that natural gas shall
constitute the primary gas fuel so used in the municipality. The
activities of Flo -Gas Corporation shall then be limited to areas in the
municipality where it is not economically feasible to furnish natural gas
through the Florida Public Utilities Company.
Section 16. This ordinance shall take effect immediately upon
its passage and approval as provided by law.
PASSED AND ADOPTED on first reading this 8th day of July, 1958.
APPROVED:
Mayor !/ Vi1 a Counci
ATTEST.
1 e Clerk _ 5
776