HomeMy WebLinkAboutO-1959-406 ORDINANCE NO.
AN ORDINANCE GRANTING TO PEOPLES GAS
SYSTEM, INC. , A FLORIDA CORPORATION,
A FRANCHISE FOR A PERIOD OF THIRTY (30)
YEARS TO CONSTRUCT, OPERATE AND
MAINTAIN A GAS UTILITY SYSTEM IN THE
CITY OF DANIA, FLORIDA.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA,
FLORIDA:
Section 1. a. That there is hereby granted to PEOPLES GAS
SYSTEM, INC. , a Florida corporation, with general offices in North Miami,
Dade County, Florida, its successors and assigns, (hereinafter called the
"Grantee"), the non-exclusive right, privilege and franchise for a period of
j thirty (30) years from the date of final passage of this Ordinance, to con-
struct, operate, and maintain a gas utility system in the CITY OF DANIA,
x Florida, hereinafter called the "Grantor. "
b. That in accordance with established practice for the con-
struction, operation and maintenance of gas utility systems, Grantee shall
have the following rights under this Franchise:
(1) - To construct, maintain, operate in, under, upon,
over and across the present and future streets, alleys,
easements, bridges and other public ways and places of
Grantor.
(2) - To lay gas mains, transmission lines, supply lines
and service lines and to establish and install regulator
stations and other facilities for use in supplying utility
gas to Grantor and its successors, the inhabitants thereof,
and persons, firms and corporations beyond the limits
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thereof.
(3) - To do any and all other things necessary to the pro-
viding by Grantee of adequate gas service to Grantor and
its successors, the inhabitants thereof, and persons, firms
1 and corporations beyond the limits thereof. l I
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C. That the rights granted herein shall be subject to zoning
and fire regulations now or hereafter established by Grantor; to the res-
trictions and limitations hereinafter specified, and to the terms and conditions
of the Municipal Charter of Grantor.
.. Section 2. a. That construction, location, relocation or install-
ation of any facility by Grantee under this franchise shall not be commenced until
a permit therefor has been obtained from Grantor.
b. That where the work described in - a - above is to be done
by Grantee's own employees, no fee shall be charged for a permit. But when
such work is to be done by a contractor, the permit fee prescribed by the per-
tinent Ordinance of Grantor shall be paid either by Grantee or the contractor.
c. That all work under such permits shall be performed with
approval of and under the supervision of the City Engineer or other representa-
t ive of Grantor designated by the City Manager. Such supervision shall not be
so unreasonable as to interfere with proper construction, operation and main-
tenance of Grantor's facilities and its endeavors to provide adequate gas service.
d. Grantee shall replace and properly relay without undue delay
any sidewalk, pavement or soil displaced by Grantee and restore the same to
as good condition as it existed prior to the changes made by Grantee.
e. Should Grantee fail to comply with - d - above Grantor may,
after twenty W) days written notice to Grantee from Grantor, make such re-
pairs or replace any excavation and Grantor's out of pocket cost of such work
shall be paid by Grantee.
f. The facilities of Grantee shall be so located and relocated
from time to time as to interfere as little as possible with traffic over the
streets, alleys, bridges and public ways and places of Grantor and with reason-
able alb wance for egress and ingress to abutting property,
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g. Before any street, alley, bridge or other public way or place
of Grantor shall be completely blocked, Grantee shall consult with the Grantor's
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City Manager, or Chief of Police on ways and means of holding interference I
with traffic to a minimum, -
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Section 3. Grantee shall indemnify and hold Grantor harmless
against any and all liability for damages which may legally accrue to Grantor
as a result of the activities and operations of Grantee within the City. And
Grantee shall pay to Grantor any sum or sums of money for which Grantor
may become legally liable as a result of such activities and operations.
Section 4. Grantor reserves the right, and Grantee hereby agrees
that Grantor has the right, upon the expiration or forfeiture of this Franchise
to purchase all of the physical property of Grantee within the corporate limits
of Grantor relating to the supplying of public utility gas service to the inhabi-
tants of Grantor at a valuation to be determined in accordance with the General
Laws of the State of Florida or Municipal Charter now or hereafter in effect,
including Section 167. 22 Florida Statutes 1955.
Section 5. Gr antor agrees not to engage in the business of manu-
facturing, distributing or selling gas or gas appliances or equipment during
the existence of this Franchise.
Section 6. Grantee shall maintain its gas mains, transmission
lines, supply lines, service lines and other works and facilities used and use-
ful in providing gas service to the inhabitants of Grantor in good and workable
condition.
Section 7. a. Grantee shall furnish gas containing the number
of British Thermal Units, tested at the burner, and otherwise conforming to
standards of quality approved by the Florida Railroad and Public Utilities
Commission.
b. Grantee shall have the right to charge consumers for gas and
services at rates approved by the Florida Railroad and Public Utilities
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Commission. Rates shall not be increased except on approval of the said
Commission.
c. Grantee shall give advance notice to Grantor of any appli-
cation for rate increase.
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d. In the event that the authority of the Railroad and Public
Utilities Commission to fix utility gas rates is abrogated, lessened or modi.-
fied in respect of municipalities during the term of this Franchise, Grantor
and Grantee shall determine reasonable rates to be charged, resorting to
arbitration in the event of disagreement.
Section 8. Grantee shall at its own expense furnish and lay ser-
vice pipes from existing mains to a point at least six inches (611) inside of the
property line of all property owners along existing mains desiring gas service
from Grantee within the city limits.
Section9. a. If, at any time during the term of this Franchise,
the City Commission of the City of Dania, Florida, shall by appropriate ordin-
ance so require, Grantee shall. pay to Grantor as a franchise fee and as com-
p ensation for use of the streets, alleys, bridges, easements and other public
ways and places of Grantor; for supervisory services furnished by Grantor,
and for other rights and privileges herein conferred, a sum equal to three
(3%) per cent of gross receipts derived by Grantee from the retail sale of
utility gas within the corporate limits of the City of Dania, which payments,
from the date of enactment of such ordinance levying said tax, shall continue
for the balance of this thirty (30) year franchise.
b. The compensation described above shall be in lieu of any
other excise tax or fee, or tax imposed on Grantee's income or profits, that
might be levied by Grantor during the term of this Franchise. However, this
exemption shall not relieve Grantee of liability to Grantor for the cost of re-
pairs and indemnification hereinabove provided for, nor shall it relieve or
exonerate Grantee from the payment of real and personal property taxes, or
special assessments duly levied and assessed, or the occupational tax pres-
cribed by the pertinent Ordinance of Grantor.
c. The compensation described above shall be paid annually
jby Grantee to Grantor, such payments to be made within ninety (90) days
after the close of Grantee's fiscal year. Any portion of the franchise fee
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not paid when due shall draw interest from the due date until paid at the rate
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of six per cent (67 er annum.
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d. Grantor shall have the right, during business hours, to
inspect and/or audit the books and records of Grantee evidencing the gross
receipts of Grantee on which the Franchise fee is to be paid.
e. Grantee shall file with the City Clerk of Grantor within
ninety (90) days after the close of Grantee's fiscal year a statement showing
gross receipts of Grantee from the sale of utility gas within the corporate
limits of Grantor for the preceding year. Such statement shall be sworn to
by the President, Vice President or other officer of Grantee, and shall be
for accounting purposes only. Acceptance of a franchise fee payment cal-
culated thereon shall not estop Grantor from contesting in court or before any
regulatory body whether there has been a proper payment or report. Grantor
shall have the right to commission, at its expense, a Certified Public
Accountant to examine Grantee's books and records duriiU reasonable business
hours for the purpose of verifying the statement of revenue furnished by
Grantee.
Section 10. Grantor agrees to confer with Grantee from time to
time with the end in view of adopting and enforcing ordinances governing
and controlling the proper installation of gas piping, gas appliances, and
other gas facilities, to protect the community and the inhabitants of Grantor
in the use of gas and gas equipment.
Section 11. a. Should Grantee fail to pay the monthly franchise
fee when due, or fail to comply in any substantial respect with other pro-
visions of this Franchise Ordinance, Grantor shall notify Grantee in writing,
describing such non-compliance and giving directions to Grantee to cure the
• same within thirty (30) days.
b. During the thirty day period immediately following receipt
of such notice by an officer of Grantee, the Grantee shall have the privilege
of correcting the alleged non-compliance or of protesting the matter in a
court of competent jurisdiction.
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c. In the event of court proceedings and a ruling of the Court
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in favor of Grantor, the Grantee shall have ninety (90) days after dinal de-
termination of the question, with right of appeal in either party, to make
good or correct the default or non-compliance before a forefeiture of this
Franchise shall result. Grantor shall, have the right to extend the time of
compliance beyond the thirty (30) and ninety (90) day periods for good cause
shown.
Section 12. All ordinances or parts of ordinances of Grantor in
conflict herewith are hereby repealed to the extent of such conflict.
Section 13. This Ordinance shall take effect when it has been
approved by a majority vote of the qualified voters of the CITY OF DANIA
voting thereon at an election held for such purpose.
Section 14. Grantee shall have the privilege of accepting this
Franchise in writing within thirty (30) days after its approval in the election
referred to in Section 13 above and the ordinance shall be in full force and
effect as of the date of the aforesaid election upon the lodging with the City
Clerk of a writing executed by the President or Vice President of Grantee
accepting this ordinance on behalf of Grantee.
PASSED FIRST READING THIS THE day of
1959.
PASSED SECOND READING THIS THE�� �t day of
rJ , 1959. //// ��,,[[//
PASSED THIRD READING THIS THE day of�
1960. T
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ayor`- Coinfhissioner
Attest:
City CCerkandAuditor
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I, Mary Thornhill, City Auditor and Clerk of the City of Dania,
Florida, hereby certify that the above is a true and correct copy of an
ordinance which was, after public notice and public hearing, passed on first
reading on the!1j_day of �Q�e,�� o�J , 1959, and passed on second
reading on the o%day of��+e „ 1959, and passed on third
and final reading on the f , day of 1960, at meetings
of the City Commission of the City of Dania, Florida, and recorded in
Ordinance Book - -2 -- on page , and that at least four
commissioners voted in favor of passage on each reading. I further certify
that said ordinance after its passage was published for a period of four weeks,
a s required by law, by being posted at the City Hall and public market place,
or by being published in_ o } �c' �e / , a newspaper in
said City.
G �UIU �.;Ierli
(CITY SEAL)
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I, Mary Thornhill, City Auditor and Clerk of the City of
Dania, Florida, hereby certify that the above is a true and correct copy of
i an ordinance which was, by unan nous consent of all (four) (five) Commissioners
present, and after public notice and public hearing, introduced and read the
first time, read by title only the second and third times and finally passed
at a regular meeting of the City Commission of the City of Dania, Florida,
and recorded in Ordinance Book on page I further
c ertify that said ordinance after its passage was published for a period of four
weeks, as required by law, by being posted at the City Hall and public market
place or by being published in� a newspaper in
' said City.
Cit Auditor and Clerk
(CITY SEAL)
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