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Ordinance 1980-011 Florida Public Utilities FranchiseORDINANCE N0. 11-80 AN ORDINANCE OF THE VILLAGE OF NORTH PAiM BEACH, FLORIDA, GRANTING Ta 1 FLORIDA PUBLIC UTILITIES COMPANY, 'ITS SUCCESSORS AND ASSIGNS, A GAS FRANCHISE AND IAiPOSING PROVISIONS AND CONDTfIONS RELATIIAG THERETO. ATOW, THEREFORE, BE IT ORLI41NID BY THE VIIIAGE COUNCIL OF AnRTH PAL*i BEACH, FLORIDA: Section 1. The VILLAGE OF NORTH PAisi BEACH, FLORIDA, a Municipal l J Corporation (herein referred to as "Grantor") hereby grants to FLORIAA PUBLIC UTILITIES COMPANY, a Florida Corporation (herein referred to as'"GYantee") 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 constrict 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 with liquefied petroleum gas or 4rith 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 rains, and all appurtenances and appendages thereto, in, under, on ar across the present and future public streets, avenues, alleys, high~rays, bridges, easements and other public places within the present or any future corporate limits of the Grantor or its successors, for the purpose of distri- i buting, 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, bat nothing t-,erein contained shall relieve Grantee from meeting all requirements of the Grantor's Building Code and payment of any fees, licenses or ad valorem taxes. 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 to interfere as little as possible with reasonable egress from and ingress to I abutting property. The location or relocation of all facilities shall be made 1 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 the Grantor's property is excavated or disturbed by Grantee in the location or relocation of any of its facilities, the portion of the Grantor's property so excavated or disturbed 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 curly in the manner and pursuant to the regulations, if any, established by the ordinances of the Grantor. And upon failure of Grantee so to do after twenty (20) days' notice in writing shall have been given to said Grantee by the representative of the Grantor, the Grantor may repair such portion of the Grantor's property that may have been disturbed by said Grantee, or replace any excavation, and the cost of same shall be paid by said Grantee.. Section 3. Subject to the provisions hereof, Grantee shall at all 1 1 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 to be maintained on Grantee's system, to Grantor ~ and its successors, and to persons and corporation inhabitants thereof who i j request the same and who agree to abide by Grantee's reasonable rules and i~ regulations, and shall acquire, construct, maintain, equip and operate all necessary plants, works and facilities for the purpose, transmission, supply, I ~ peak shaving, distribution and sale of gas for the benefit .and convenience !~!; of Grantor and its inhabitants, and shall make promptly such extensions to I ~' existing facilities as may be required by one or more customer, 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 reasonable I~ cash advances, contributions, 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 -2- 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 5. Subject to the consuner's consent, Grantee shall have the 1 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 ruin the property of Grantee, and shall be removable by Grantee at any time, by lawful means. Section 6. Grantee shall have the right to adopt and enforce reason- able 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 nonpayment 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 harm7.ess 1 fran 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 1 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 (5) percent of the ammunt of its gross revenues (gross revenues being the amount of revenues collected less adjustments) from the sale of gas to residential customers within the corporate limits of Granto for the twelve calendar months preceding the applicable anniversary date shall exceed the acrount 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. Section 9. Grantee by its acceptance hereof agrees to observe, and keep all of the agreements, undertakings and conditions hereof to be -3- observed, performed and kept by Grantee. Section 10. Failure on the part of Grantee to comply in any substan- ~I' tial respect with any of the provisionsof this Ordinance shall be grounds for a forfeiture of this grant, but ~o such forfeiture shall take effect if the reasonableness or propriety thereof is protested by Grantee until a court of ccxnpetent jurisdiction (with right of appeal in either party) shall have found that Grantee has failed to caag~ly in a substantial respect with any of the provisions of this franchise, and the Grantee shall, after the final determination of the question, forthwith proceed to make good the default before a forfeiture shall result, the default to be cured in any event within a period of six months with the right in Grantor at its discretion to grant such additional time to Grantee for compliance as necessities in the case require. Section 11. In any case where there is interruption or impairment of service, or failure of supply of gas or pressure, Grantee shall pranptly 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 nor subject the Grantee to liability for damage; 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 or happening shall be remedied promptly. Section 12. 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 gas during the life of this franchise or any gxtension thereof in competition with the Grantee, its successors and assigns . Section 13. Grantor hereby reserves the right at and after the 1 expiration or termination of this grant to purchase the property of Grantee used under this grant, as provided by the laws bf Florida in effect at the time of Grantee's acceptance hereof, including Section 167.22 of the Florida Statutes, 1941, 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 -4- 1 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 1 1 inure to and be binding upon the respective successors and assigns of the Grantor and the Grantee. Section 15. 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 16. This Ordinance shall take effect ten (10) days after the date of its final passage and shall be published as required by law. PIACID ON FIRST READING THIS 8TH DAY OF MAY, 1980. PLACED ON SEOOND, FINAI, READING AND PASSID THIS 22ND ASY OF MAY, 1980. ~~~;~, ATTEST: -~1, ,Ii', i~ VvICUU1V U. +JGKHULll, senior Vice F Florida'; Rblic Utilities Company MILDRED K. HALL, Corporate Secretary Florida Public Utilities Company -5-