ordinance 011_80 MAY 1980from 18_99mara~
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CYiDIT119ldCE Imo. 11-BD
AN CEtDII1At~E OF Tip VnTnrc OF Dl7RTH PALM BFACK, FLORIIlA, GRAhTL~ TO
F~FO~+ P'Jffi.IC lTt'II'ITIES MANY; TfS SUQ:ES9J:tS ADD ASSIGNS, A G4S FR4~CkIZSE
AND II4RroSIt~ PRO'JISIO:~S ADID CODIDTCIO,NS Rr~AT'IIJT TRIO.
~, B:' IT ORaSll~ BY THE P1II1iGE COJNCII, OF DARTH PRIM
BEACH, FIARIII~:
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i Section 1. The VIIIA('E, (Zr jxjg~ PALM BEACH, FiARIDA, a Dfunicioal
Corporation (herein referred to as "6Yantar'~ hereby grrants to FLARTIlA PIIS[.IC
11JfII.ITIES 02'lPAD1Y, a Florida CorporatSon (herein referred to as ~'ffi~antee'~ its
~~ successors and assigns, for the terra of thirty (30) Years beginning ten (10)
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~ days after the date of the f{nnl'passage of this Ordinance the rjg}7t
privilege aid authority or franchise to construct or otherwise acquire and
li tO ocn, maintain, equip and operate plants mid works, and all necessary or
~! desirable facilities applntenant thereto, for the purchase, transwission,
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~; distributia~ and sale of natural gas, which term '4iatural gas" shall mean mid
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include either nat~ttal gas ut>mixed as delivered to Grantee or any iaixtlse of ~
(( srch natural gas with artificial gas or with liquefied petroleum gas or with
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both (herein referred to generally as "gas's, including the right without
j' the paym~t by Grantee of my tax, assessment ar charges therefor to ccnstruct,~
If lay, extend, maintain, renew, remove, replace, repair, use and !
operate gas
i Pipes and gas mains, and all appurtenances end appendages thereto, in, under,
' on or across the present and future public streets, avenues, alleys, highways,
I bridges, easements aid other public places within the present or any future '
' corporate limits of 'the Grantor or its successors, for the purpose of distri- !
butiri !
8. at~Plying end selling gas to Grantor or its successors, aid to persons
j and co:pozations inhabitants thereof as well as to persons or corporations
beyond the present or future corporate limits thereof, but nothing herein I
curtained shall relieve Grantee from meeting all requirements of the Grmrtor's I
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Building Code and payment of any fees, licenses or ad valora~ taxes.
Section 2, Grantee's facilities shall be so located or relocated aid
~ 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 ac little as possible with reasonable egress from and ingress to JI
abutting prope.-ty, The location or relocation of all facilities shall be cede !
i older the supervision and srith the approval of such representatives as the
J f 8avezning body of Grantor may desigtiate far the p~apose, but not so as
'. ~ vnreasmably to interfere with•the proper operation of Grantee's facilities
and service. When any portion oP the Grantor's property is excavated or
• ,disturbed by Grantee in the locatim yr relocati.at of any of its facilities,
• !the portion of the Grantor's property so excavated or disturbed shall, within
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I~ a reasrnable time and as early as practicable after su:h excavation, be
- I~ rePlaxd by the Grantee at iu use and in ss good condition as it was at
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f ii the time of such excavation, and, in additiai, such work shall be done only in
ij the manner and pursuant to the regulations, if any, established by the
ordina:~oes of the Grantor. And upcxn failure of Grantee so to do after twenty
~ ~ (20) days' notice in writing shall have been given to said Grantee by the
f i r'epresentative of the Grantor, the Grantor may repair such portion of the
~ i. GYantor's Property that may have been disturbed by said Grantee, or replace any
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~ j; excavation, and the cost of same shall be paid by said Grantee..
Sectim 3. Subject to the pzovisiais hereof, Grantee shall at all
-~ ~: times during the term of this franchise, prouQtly and without discrimination,
' ~ furnish an adequate supply of gas of standard quality and at a reasonably
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~. uniform and adequate pressure to be maintained on Grantee's system, to Grantor
' i; aid iu successors, and to persons and corporation inhabitants thereof who
request the same and cho agree to abide by Grantee's reasonable rules and
1~ regulations, and shall acquire, co;istny,t, mainrns^~ e~P ~d operate all
I1~ necessary plants, works and facilities for the pu=pose, t=ansmissim, supply,
~~ peak ahavi:{g, distributim and sale of gas for the benefit and convenience
~~ of Grantor and its inhabitanu, and shall make
. prcaptly such extensions to
' ;existing facilities as may be required by one or more custc~r, or prospective
customers; provided that if the revalues to be derived from such extensions
shall not afford a fair and reasmable return on the cost of rovi
P ding and
renderi-~g the required service, thei Grantee shall be perndtted to, and i.s
~~ hereby authorized to exact frcmr such custanex or customers such reasonable
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~' cash advances, cmtributions, minim,:n guarantees, service guarantees or other
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i arrangeTCnts, as will enable Grantee to earn a fair and reasonable return m
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the cost of providing and rendering the required service.
~ Sectim 4. Grantee's rates for gas shall at all times be subject to
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such regulations as may be provided by law. Grantee shall noC be entitled to
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I; clam any valve on accost of this Sranchise ~ the value of Grantee's
! l+ pro?erty or rate base,
• ~ Section 5. Sub'ect to tie
~ cons;uier's ~nsent, Grantee shall have the
right to install and maintain on the premises of each of its nrstwrss meters
i f°r maas~azr~v Bas sold aid delivered and shall have the right of aggress and
!egress to the premises of each consnmer free of charge, from time to tiae, for
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the ptinpose of reading, repairing, testing and main
j twining Grantee s meters aru
I wPP~tenances. Stitch meters and appi¢-ter~ces shall at all flaws rra~in the
I~ Property of Grantee, and shall be removable by Grantee at any time, by lawtnrl
~ means.
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j Section 6. Grantee shall have the right to adopt and enforce reason-
l able rules and regulations with respect to the extension, initiation and
rendering of Bas service, including rules p~~g for the discontinuance of
1 ;service to an
~ •: y customer on acco;nt of nonpayment of bills when fie, or ~
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~~failure to ooaply with the Grantee's other reasonable rules and
i !: Sectim 7. Grantee shall in regulations.
deanify and save and keep Grantor harmless
t ~, flan any and all liability by realm of damage or injrcy to any person or
I !: Property whatsoever on acco;rrt of the negligence of Grantee ir; the installation]
~' maintenance, and operation of its facilities; provided Grantor shall pr~tly
~ i in each case notify Grantee in writing of any claim against Grantor on accarit
~~ thereof, and shall afford Grantee o??~'~ity to defend the same,
~+ Sectim g, yh
!i thin thirty (3J) days after the first adversary dzte
of this grant and within thirty (3D) days after each succee
' date durin ~ anniversary
j 8 the existence of this grant, the Grantee, its successors and
j assigns, shall Pay to the Grantor or its successors a privilege tax equal to
'{ ~ arrant by w'.rich five (5) percent of the amount of its gross revenues
~; (gross reverues being the, amotc~t of revenues collected less adjustments) from
i' the sale of gas to residentiwl customers within the corporate limits of Grantor)
~ for the twelve calendar m5nths preceding the applicable anniversary date shall
exce~,i the aanunt of any other taxes or lfcenses levied or imposed by Grantor
j wgainst Grantee's property, business, revenues, privileges, or operatims for
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• the tax year preceding the beginning of the applicable privilege tax year,
Section 9. Grantee by its acceptance hereof agrees to observe, perforac
~~ and keep all of the agreecrt:nts, undertakings and conditims hereof to be I
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observed, performed and kept by Grantee.
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Sectim 10. Failure on the part of Grantee to cx;aQ1Y 3n any avbstan-
tial respect with any of the provisions of this Grdinance shall be grounds for
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a forfeiture of this grant, but's?o such forfeiture shall take effect if the
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reasa~ableness or propriety thereof is protested by Grantee taitil a cast of~
crny~etant jrxrisdictirm (with right of appeal in either party) shall have fond
that•Grantee has failed to Imply in a substantial respect with arty of the
provisions of this franchise, and the Grantee shall, after the final
determination of the question, forthwith proceed m make grwd the default
before a forfeiture shall result, the defaulf to be cased in any event ctithin
a period of six months with the right Irr Grantor at its discretion to grant
such additional time to Grantee for ct~liance as necessities in the case
require.
~ Section 11. In any case where there fs interz~tfon.or 3apairment of
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'! service, or failure of supP1Y of Bas or pressise, Grantee shall promptly reuei
!, su:h condition. No interruption or impairment of service or failure of
!~ supply of gas or pressure by reason of farce majeure, strike, brea]cd~,~n,
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~. accident or other cause or happening beyald the cartirol of Grantee shall
:. caistitute a breach of this ~dinance nor subject the Grantee to liability for
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~~ age: pzovided that such Interruption or impaizmart of service or failure of
supply of gas or pressure by reason of force majeure, strike, breakdoTan,
~i accident, or other cause or happening shall be remedied prv~ptly.
~! Sectim 12. In consfderatim of Grantee's vndertakSngs hereunder as
I~ evidenced by its acceptance hereof, the Grantor agrees not to engage 4n the
business of distributing and selling gas dtising the life of this franchise or i
any ea'teision thereof in cmpetition with the GYantee, its successors and
i~ assigns, ~
Section 13. Grantor hereby reserves the right at and after the
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expiration or termination of this grant to purchase the property of Grantee
used trader 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 conditioi 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 Jeered to have given and grated such right of
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purchase by its acceptance hereof, which shall be filed adth t}.e Grantoz's
I Clerk within thirty (30) days after the final passage of this Ordinance.
~ II Sectron 14. All of the terLiS, provisions and conditions hereof shall
j I inure to and be binding upm the,respective successors and assigns of the
Gra:itor and the GYantee.
Sectiai 15. All gas fraichi.se ordinances aid parts of gas franchise
, I~ ordinances in oonilict herewith shall be and the save are hereby zapealed as
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1 ~! of the effective date of this ordinance.
j li Section 16. 'tic Ordinance shall take effect ter (10) days after the
I ~ date of its final passage and shall be published as required by law.
'~ I YLAl~D ON FIRST kF,AD1I~ ~S 81H AAY OF MAY, 1980. '
~ ?PLACED ON SECD;ID, F'II14L READII~ AND PASSID ~3IS 22ND IIAY OF M4Y, 1980.
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ATLEST:
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~~ GORDON O.;JERAULD Senior Vice President
i~ Florida~Public Utilities Company
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Y.ILDRED R. pc..t-, Corporate Secretary
~ Floride public Dtilitlea Company
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