Loading...
HomeMy WebLinkAboutOrdinance_13_07/08/1958 ORDINANCE NO. 13 AN ORDINANCE GRANTING TO FLO -GAS CORPORATION, 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 FLO -GAS CORPORATION, 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 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 liquefied petroleum gas, which term shall mean and include any mixture or trade -name so- called Bottled Gas as delivered to Grantee, including the right without the payment by Grantee of any tax, assessment or charges therefor to con- struct, 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 liquefied petroleum 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 super- vision 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 con- dition 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 liquefied petroleum 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, construct, maintain, equip and operate all necessary facilities for the manu- facture, generation, purchase, transmission, supply and distribution and sale of liquefied petroleum 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 pro- viding and rendering the required service. Grantee shall be permitted, at its discretion, to supply liquefied petroleum gas through either individual storage tanks located on the customers' premises or through distribution mains, underground storage tanks and services; such storage tanks and mains to be located and installed according to the provision set forth in Section 2 hereof. Section 4. Grantee's rates for liquefied petroleum 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. 2 - Section 5. Grantee shall have the right to install and main- tain on the premises of each of its customers meters for measuring gas sold and delivered necessary tanks and mains required to serve said customers 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 said 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 discon- tinuance 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. - 3 - 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. 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 liquefied petroleum gas during the life of this franchise or any extension thereof in competition with the Grantee, its successors and assigns. Section 12. 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. - - 4 - Section 13. 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 14. It is recognized and understood that the Village of Tequesta is giving a franchise of even date herewith to Florida Public Utilities Company, a Florida corporation, to furnish natural gas to the municipality and its inhabitants. When such natural gas is available as provided in said franchise, it is understood that natural gas shall constitute the primary gas fuel so used in the municipality. The activi- ties of Flo -Gas Corporation shall then be limited to areas in the munici- pality where it is not economically feasible to furnish natural gas under the franchise to Florida Public Utilities Company. Section 15. 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. ool APPROVED:• - AIAI� lZi-. ,. Mayor i WAW Cou 1 ATTEST: MW 0qr Vii erk 5 -