Loading...
HomeMy WebLinkAboutOrd 1958-037 Green's Fuel FranchisePage / .� 8 • • • IL • ORDINANCE #37 AN ORDINANCE OF THE VILLAGE COUNCIL OF 'i'lh, VILLAGE OF NORTH PALM BEACH, FIDRIDA, GRANTING AN EXCLUSIVE FRANCHISE TO GREEN'S FUEL OF FLORIDA CORPORATION, A FLORIDA. CORPORATION, TO SELL, OPERATE, MAINTAIN AND DISTRIBUTE GAS IN 'Thth VILLAGE OF NOicI±f PALM BEACH; SETTING FORTH CONDITIONS AND PRIVILEGES ACCOMPANYi.NG lab GRANT, INDE.TILLbS AGAINST DAMAGE; PROVIDING FOR RATES AND CHARGES; FIXING PRIVILEGE TAX; PROVIDING FOR PENALTIES FOR '.L'iii VIOLATION; PROVIDING FOR THE PURCHASE OF UTILITIES BY THE VILLAGE OF NORTE PALM BEACH UNDER CERTAIN CONDITIONS; AND FOR OTHER PURPOSES. BE IT ORDAINED BY '1Ha VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1. Short Title. This ordinance shall be known and maybe cited as the NORTH PALM BEACH GAS FRANCHISE ORDINANCE. Section 2. Definitions. CO The word "Corporation" as used herein refers to Green's Fuel of Florida Corporation, a Florida Corporation. (2) The word "Village" as used herein refers to the Village of North Palm Beach, Florida. Section 3. Gant of Authority. In consideration of the undertaking by the Corporation of furnishing gas distribution and service to the area included in the Village, and in further considera- tion of the capital expended for such gas system, the installation of mains, laterals, and bulk storage, and maintenance of the same, and for the considerations hereinafter set forth, there is hereby granted by the Village to the Corporation, the right and privilege to construct, erect, operate and maintain in and under the streets, alleys, public ways and public places now laid out or dedicated, and all extensions thereof and additions thereto, in the Village, mains and pipes and appurtenant fixtures necessary for the maintenance and operation in t e Village of a gas distribution system. The right to use and occupy said streets, alleys, public ways and places for the purposes herein set forth shall not be exclusive, and the Village reserves the right to grant a similar use of said streets, alleys, public ways and places for any other proper municipal purpose except that so long as this ordinance shall remain effective it shw&l not give such right to any other person for gas distribution, mains or pipes. Section 4. Compliance with Applicable Laws and Ordinances. The Corporation shall, at all times during the life of this franchise, be subject to all lawful regulations under the police power of the Village. Section 5. Liability of Corporation; Indemnification. It is expressly understood and agreed between the Corporation and the Village that the Corporation shall save the Village harmless from a:1 loss sustained by the Village on account of any suit, judgement, execution, claim or demand whatsoever resulting from negligence on the part of the Corporation in the construction, operation or maintenance of its gas system in the Village. The Village shall notify the Corporation's representa- Page /Ay • • • • tives as soon as possible after the presentation of any claim or demand, either by suit or other- wise, made against the Village on account of any negligence, as aforesaid, on the part of the Corporation. Section 6. Service Standards. The Corporation shall operate and maintain its gas supply and distribution system and render efficient service in accordance with this ordinance and all reasonable requirements and regulations of the Village, it being unaerstood that temporary cessation of delivery of gas at any time caused by an Act of God, fires, strikes, casualties, accidents, necessary maintenance work, breakdowns, damage to machinery or lines, civil or military authority, or by riot or other cause beyond the control of the Corporation, shall not constitute a breach of the provisions of this ordinance or impose liability upon the Corporation, to the Village or to its inhabitants or gas consumers therein. All gas supplied by the Corporation under this franchise shall have a minimum of 91,000 BTU's per gallon. Section 7. Meters. All gas delivered to consumers herenmder shall be metered, furnished, installed and maintained at the cost of the Corporation. In case the consumer shad at any time question whether any meter or meters are registering correctly, the consumer shall have the right, upon making written request to the Corporation, to have such meter or meters tested in the presence of a representative of the consumer and if, as a result of such test, such meter or meters shall be found to be incorrect or inaccurate the same shell be restored to an accurate condition or a new meter or meters shall be installed, at the cost of the Corporation. If such meter or meters be forma to be within three (3%) per cent of the accurate or true reading, the cost of such test shall be borne by the consumer but otherwise shall be paid by the Corporation. Should any test or tests show any such meter or meters to be sub- stantially inaccurate, computations for gas previously delivered since the last preceding monthly meter reading shall be adjusted accordingly. The Corporation shall furnish and maintain at its own cost, all mains and service lines to deliver gas to the consumers at the property line. All fittings, pipes and meter systems shall remain the property of the Corporation, and shall, at all times be accessible to it and under its control. The service line from the mains to the cnngamer's premises shall be laid and maintained by the applicant at his own cost. The line shall be of ample size, of standard weight and quality, and all cut-offs, valves and service lines furnished by the consumer shall be maintained in good order and condition. All gas connections required to be furnished by the applicant shall be of such size and quality as shall be required by the Corporation and shall be laid and installed in accordance with its rules and regulations and to that end the Corporation shall be authorized to establish reasonable rules and regulations not in violation of this ordinance. Section 8. Extensions. Anything to the contrary contained elsewhere notwithstanding, the Corporation shall be under no obligation to extend its mains, lines, appurtenances and facilities to any area of the Village platted of record subsequent to the date of this franchise unless and until there shall have been filed with the Corporation a sufficient number of applica- Page / 3 tions for service by prospective consumers who will actually reside in the newly developed area, to afford the Corporation, in its reasonable opinion, a fair and reasonable rate of return upon the investment required to extend the Corporation's facilities to such area. Prior to any such extension, the Corporation may require a capital contribution, cash deposit, bond or other assurance from prospective consumers applying for such extension. Provided, however, until such main extension sbal1 be made the Corporation shall provide service by individual tAnks or block systems. Ln the event the prospective consumer cannot comply with the Corporation's requirements for the construction of said extension, the Corporation shall supply individual service to such consumer until such extensions can be constructed according to the terms and conditions of this franchise. Such individual service shall be bottled, tank or block systems, and the cost to such consumer in such event shall be that usually charged to the consumer with a similar type of service. Section 9. Penalties. A penalty of ten per cent (10%) may be required to be paid on all bills not paid within thirty (30) days. In the event such bills are not paid within sixty (60) days the Corporation sham have the right to discontinue service without notice, and such service sheill not be restored until all past bills have been paid, including penalties. Section 10. Rates. As far as it is within the power of the Village to fix rates and charges, and subject to the provisions that all rates here ri9er shall at all times be such as to provide the Corporation with a fair return on its investment and with funds for replacement of its distributive systems, rates and minimum monthly charges to residential consumers of gas within the Village shall be as follows: (1) The quantity of gas delivered by the Corporation sh& 1 be determined from the meterreadingsmade by or on behalf of the Corporation monthly and billed by the Corporation monthly to the consumer as follows: The first ten (10) gallons each month, 35$ per gallon; The next fifteen (15) gallons each month, 330 per gallon; All over twenty five (25) gallons each month, 28.8$ per gallon; A monthly minimum rharge of 41.75 per month. (2) Each such rate per gallon shall be adjusted on October 1, 1958 (such adjustment to be effective with respect to the months of October and November and December 1958) and in like manner on January 1, 1959, and on the first day of each month thereafter during the term of this franchise as follows: There sbp11 be added to or deducted from (as the case may be) each month such rate per gallon the amount by which the posted market price per gallon of liquified petroleum gas delivered freight prepaid at the Corporation's bulk plant in Lake Worth, Florida, by railroad tank car on the first day of each three months' period exceeds or is less than (as the case may be) such posted market price per gallon on July 1, 1958; and such adjustment in each such rate shall be effective with respect to each month in each three months' period; (Posted market price per gallon is that advertised by the liquified petroleum industry, including Gulf, Phillips Petroleum, Texas Natural Gasoline Company). Page / 3 • • • Section 11. Connection Charges. Application for connection to the gas system shall be made upon forms furnished by the Corporation in compliance with its rules and regulations. Such application for service shall be accompanied by a meter deposit charge in the amount of Fifteen Dollars ($1.5.00), to guarantee payment of gas bills. Section 12. Privilege Tax. With respect to each twelve -months' period during the term of this franchise, the Corporation shall pay to the Village or its successors a privilege tax which shall be computed as follows: (1) Determine the amount which is threa(3%) of the gross revenue received by the Corporation during such twelve -months' period from the sale of gas to residential consumers within the corporate limits of the Village. (2) Deduct from the amount determined in paragraph (1) all taxes and licenses and fees (other than this privilege tax) paid by the Corporation to the Village during such twelve -months' period with respect to property, business and operations of the CoLyuration. (3) The resulting figure shall represent such privilege tax with respect to such twelve -months' period. Such tax shall be paid in monthly installments (as nearly equal as practicable) during such twelve'months' period. Section 13. Term of Franchise. This ordinance shall take effect and be in force from and after the final passage hereof, as required by law, and upon filing of acceptance by the Corporation with the Village Clerk. Such franchise shall continue in force and effect for a term of thirty (30) years beginning with the date of such acceptance. Section 14. Assignment. The Corporation is hereby given the right and authority to assign this franchise and the rights, privileges and authorities granted hereby. The assignee upon the acceptance thereof shall be bound. to the same extent as if it were originally named as the Corporation hereunder and upon such acceptance the Corporation shall be relieved of further liability under this franchise. Section 15. Right to Purchase. The Village hereby reserves the right at or after the expiration of this grant to purchase the property of the Corporation used under this grant as provided by the laws of the State of Florida in effect at the time of the acceptance hereof, including Section 167.22 F.S.A., as a condition precedent to the taking effect of this grant, the Corporation shall give and grant to the Village the right and privileges so reserved. The Corporation shall be deemed to have given and granted such right of purchase by its acceptance hereof which shall be filed in the Village Clerk's office within thirty (30) days after this ordinance takes effect. Section 16. Type of Gas. The Corporation shad design and install all of the gas mains, pipes, and distribution system so that the same shall be capable of utilizing Natural Gas; provided that the Corporation shall have the sole right in its discretion to change its operation from the use of Liquefied Petroleum Gas to that of Natural Gas. Page 1 3 Section 17. Additional Ordinances. The Village agrees to pass all ordinances necessary or suitable both for the reasonable protection of the rights and property of the Corporation and to enable the Corporation to enforce any of its reasonable rules and regulations for the management, operation and control, of the services. to be rendered by the Corporation hereunder and to pass any reasonable ordinance or ordinances that will be necessary or suitable in order to fully confirm to the Corporation the rights herein given or intended so to be. Section 18. Separability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. FIRST READING THE 14th day of October, 1958. SECOND, FINAL READING AND PASSAGE the 28th day of October, 1958. Mayor (S4k5ou. . Village Clerk The foregoing Franchise is accepted this 25th day of (SEAL) ATTEST: /s/ W.C. Ochs Its Secretary November , 1958. GREEN"S FUEL OF FLORIDA CORPORATION BY /s/ O.M. Bailey Its President