HomeMy WebLinkAboutO-1990-005 s
ORDINANCE N0. 05-90
AN ORDINANCE OF THE CITY OF DANIA, FLORIDA,
GRANTING TO PEOPLES GAS SYSTEM, INC. , A
i
FLORIDA CORPORATION, ITS SUCCESSORS AND
ASSIGNS, A FRANCHISE FOR A PERIOD OF FIFTEEN
( 15) YEARS TO CONSTRUCT, OPERATE AND MAINTAIN
A GAS UTILITY SYSTEM IN THE CITY OF DANIA,
FLORIDA; AND PRESCRIBING THE TERMS AND
j CONDITIONS OF SUCH FRANCHISE AND FOR
REVOCATION THEREOF; AND PROVIDING THAT ALL
I ORDINANCES OR PARTS OF ORDINANCES AND ALL
RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF
SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE
DATE.
1
4 BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA,
1
I FLORIDA:
} Section 1 . That there is hereby granted to Peoples Gas
1 System, Inc. , a Florida corporation, (herein called the "Grantee" )
I
its successors and assigns, the non-exclusive right, privilege or i
franchise to construct, maintain and operate in, under, upon, over
i
and across the present and future streets, alleys , bridges,
i
easements and other public places of the City of Dania, Florida,
j (herein called the "Grantor" ) and its successors, in accordance
with established practice with respect to gas system construction E
and maintenance, for a period of fifteen years from the date of r
acceptance hereof , gas system facilities ( including gas mains,
1 !
pipes , supply pipes, conduits, ducts and other means of conveyance
j
j of gas ) for the purpose of supplying natural , manufactured and
1 other gas to Grantor, and its successors, the inhabitants thereof, i
{
and persons and corporations beyond the limits thereof.
Section 2 . That the facilities shall be located or relocated
and so erected as to interfere as little as possible with any
sewers, water pipes or other public utility services previously
constructed . The location or relocation of all facilities shall
( be made after Grantee ' s receipt of applicable permits and
i approvals from Grantor and under the supervision with the approval
i
1 of such representatives as the governing body of Grantor may
1 designate for the purpose but not so as unreasonably to interfere
i
with the property operation of Grantee ' s facilities and services.
That when any portion of a street, alley, bridge , easement and
Ordinance No. 05-90
I
i
71
f
other public place of the City of Dania, Florida , is excavated by
Grantee in the location or relocation of any of its facilities, I
j
the portion of the street , alley, bridge, easement or other public
1
i
i place so excavated shall within a reasonable time and as early as
I
practical 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.
Section 3 . That Grantor shall in no way be liable or
i
responsible for any accident or damage that may occur in the
construction, operation, or maintenance by Grantee of its
facilities hereunder, and the acceptance of this ordinance shall i
be deemed an agreement on the part of Grantee, to indemnify
Grantor and hold it harmless against any and all liability, loss,
i
cost damage or expense, which may accrue to Grantor by reason of
the neglect, default, or misconduct of Grantee in the
construction, operation or maintenance of its facilities hereunder
and Grantee agrees hereby to maintain Grantor as a named i
t
beneficiary under Grantee ' s liability insurance policies .
Section 9 . The Grantee, its successors and assigns , shall
pay the City of Dania, its successors and assigns , annually, for
` the privilege of operating a gas system under this franchise in an
amount which will equal six percent (6% ) of the Grantee ' s annual
gross revenues from the sale of natural gas to residential ,
business and industrial customers within the city' s corporate
limits . The said amounts shall be made in monthly installments
with the payment for each month becoming due thirty (30 ) days
after the end of that month . That portion of any annual payment
i
remaining unpaid when due shall draw interest from the due date,
and until payment, at the rate of ten percent ( 10%) per annum.
The Grantee further agrees that the City of Dania shall have the
right during business hours, to inspect and/or audit the books and
I
j records to the Grantee evidencing the gross receipts of the
Grantee on which this franchise fee is to be paid.
I
_2-
Ordinance No. 05-90
I
/p {
t
In
1
Section 5 . As a further consideration of this franchise,
3 said Grantor agrees not to engage in the business of distributing
and selling natural , manufactured or other gas during the life of
this franchise or any extension thereof in competition with the
i
Grantee, its successors and assigns.
Section 6 . That upon the annexation of the Grantor of any
territory not within any incorporated city or town, the portion of
i
f
Grantee' s gas system that may be located within such annexed
{ territory and upon the streets, alleys or public grounds thereof ,
shall thereafter, be subject to all the terms of this grant as j
though it were an extension made thereunder.
i
Section 7 . The failure on the part of the Grantee to comply
in any substantial respect with any of the provisions of this
ordinance after written notice from Grantor and a reasonable time,
i
not exeeding six ( 6 ) months, in which to make good the default ,
I �
shall be grounds for a forfeiture of this grant , but no such
forfeiture shall take effect , if the reasonableness or propriety
i
thereof is protested by Grantee until a court of competent
J
jurisdiction (with right of appeal in either party) shall have
jfound that Grantee has failed to comply in a substantial respect
! with any of the provisions of this franchise, and the Grantee
i
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 of Grantor at its discretion to grant such
j
additional time to Grantee for compliance as the necessities in
i the case require. Grantee agrees, in the event that a court of
competent jurisdiction (with right of appeal in either party)
shall find that Grantee has failed to comply in any substantial
respect with any of the provisions of this franchise , to pay the
Grantor' s cost and expense , including reasonable attorney' s fees,
i
arising therefrom.
i
i Section 8 . That all ordinances or parts of ordinances and
1 all resolutions or parts of resolutions in conflict herewith be
and the same are hereby repealed to the extent of such conflict.
-3- J
i
Ordinance No. 05-90
)i.,'A'
I
j
Section 9 . That this ordinance shall be in force and take �
i effect immediately upon its final passage and adoption. i
1 i
1 PASSED and ADOPTED on First Reading on the 14th day of
November
1989 .
PASSED and ADOPTED on Second and Final Reading on the 9th
day of January , 1990.
I
I
MA - COMMISSI C
ATTEST:
' % I
CITY CLERK - AUDITOR
i
i I
i
APPROVED AS TO FORM AND CORRECTNESS
I
BY:
FRANK C. ADLER, City Attorney
i
i
-4-
t
Ordinance No. 05-90
NOTICE OF NEARING
_ BEFORG CITY,
COMMISSION CITY iO I
DANIA. FLORIOA,
- ROF TRH EN IFOLLOWTNGN t
I PROPOSED ORDINANCES l
SUN—TATTLER
U+ - —TATTLER sign LE.15 HEREBY GIV
THE EN ida, In! LIIY Co er
Ion ol,lhe Ll1v of Denle/
'- 1109, a pn Oecemb n..le' 1
• H9e9, he 5:it a.m., 1
.on Inareallea is Ih!mi t.
-
' IV may at <on-
Eslablished as The Hollywood Sun - January 4, 1935 autl a pu na Peggnp In the
CIIY.Commlifloh room of
HOLLYWOOD. BROWARD COUNTY, FLORIDA in We„°oanieCl9<aC eO lye°
Denle, Florida to con SiE er
the °r0000, ,etloa', n of
the 1011ow In9.ord In races
enlilletl:
AN ORDI NANCE'OF THE
CITY OF DANIA FLO :
STATE OF FLORIDA DA,GRANTING 4o pe RIp•
PLIES GAS SYSTEM, INC..
COUNTY OF BROWARD Svbll 7 \Vhal v A FLORIpA CORFORA-
FF++ TION, OITS SUCCESSORS
"y —�� •. ANU ASSIGNS, A FRAN-
BelDre the undersigned authority personally appeared CHISE FOR A PER IOD OF
Classified Telemarl<etine ^^ na r NTY CT YEARS TO
who on oath says (he/she) I$ ���— pry
OPERATE'
AND MAINTAIN A GA5
UTILITY
SYSTEM IN THE
of THE SUN-TATTLER, a daily newspaper published at Hollywood in Broward CITY of DANIA. FtoRH
CA
AND PRESCRIBING
THIS TERMS AND CONDI•.
County, Florida; that the attached copy of advertisement, being a
CHI RAN-
SE AND FOR REVO-
CATION SOF,SUCH AND
Notice Of Hearin PROVIDING THAT ALL
ORDINANCES OR PARTS
OF'OR DI GLUT so AND 1
A LL. R E SOL GLUT
OR
City of Dan t PARTS OF RESOLUTIONS
In the matter Of N CONFLICT HEREWITH
t pE REPEALED TO THE
Comm Room XX]6?fK EXTENT OF SUCHSON-
inthe FLICT; AND-0ROV TIIE
FOR AN•,EFF ECTIVE
Nov 30 1989 DATE...,,:
was published in said newspaper in the issue of ;AM ORDINANCE OF THE
• CITY OF DANIA AMEND-
ING ORDINANCE NO. 25.
AS AMENDED FROM li
TIME TO TIME, PROVID-
INGAffianl further says that the said SUN-TATTLER is a newpaper published at Hollywood In OFFOR THE NCR
EASE OF FRANCHISE FEES;
EN-
said Broward County and that the said newspaper has heretofore been continuously PROVIDING FOR
LAREEMENT OF THE
.I FRANCHISE PERIOD;
published in said Broward County, Florida, each week and has been entered f one year next
PROVIDING .FOR RE-
PEAL OF RATE REGU-
maller at the post ol(ice in Hollywood in said County, Florida, for a period of one year next LATION;PROVIDING FOR
DEFINITION OF SUB-
preceding the first publication of the alLnch ed copy of Rdverllsemrnt; and a(Ilant further SCRIBER GROSS RE-
says that he has neither paid nor promised any person. firm or corporation any discount, CEIPTSI PROVIDING FOR
RENEWAL OF FRAN-
CHISE; PROVIDING FOR i
CONFLICT-
rebate,commission or refund for the purpose of securing this advertisement(or publication REPEAL OF CONFLICT-
ING ORDINANCES OR
14thiud
newspaper. SO FOR;ANAND
1 ---- LARY 1. OAT E'-0F JAN- 'T
UARY. I.PROVIDING FO
"AN ORDINANCC OF THE
DIAY AMENDOF INGPARA1-
GRAPH IbIOF. SECTION
Sworn t0 and subscribed bClprP me OR3 OF OF
DINANCES OF CTHE
,p, ccc CIIY OF DANIA, FLORI-
da of_..L� A.D. 19- " OA-.TO INCLUDE ,RE51-
1I115� P. DENTS WHO ARE PAN•
a�I (1 5 TO .A -MOTO
HICR
VEHICLE LEASE/E T
C CHp SE AGREEMENT;
AND PROVIDING THAT
NOTARY PUBLI
STATE OF FLORIDA. ALL ORDINANCES OR
N�TpRY PUBLICS , PARTS OF ORDINANCES
(SEAL) AN ALL RESOLUTIONS
EXPIRES;AUG.20, 1993.
MY COMMISSION I�OR PART50F RESOLU-
�OHpEp TMIIU NOLRT PUSL16 UHOCR lIRITCXl1
I' HE ORE ITIITHC BEF ERE?
PEA LED'TO'4HE •E%•
FLICT: ANDS PROVIDNG
iFOR AN EFFECTIVE
DATE-';
A Cool of thew proposed
ordinances are on file In me
office of The CIIY Clerk,City
Hell. 100 West Dante Beach
Blvd.l Dania, Flar,da, and
may be Inspected by In.
publlc-durims normal work'
]no hours.. 1:
InlereiNd ga111e,'m!y ea'
• In9 r°UIEe heard wid ith le-
toec, to me proposed.
All perepn who decide,10
e seon made
anC City COmmHsum
wun respect w am matter
cpmidi re° °I his nearing
will need a record of the
orooeedlnps and for such
put 001e m., need to In-
ure met a verb°hm record
of the pro,eedinoc is made. ;
which record Includes me
lesumonv and evidence
upon which N!appeal N 10
be made.
... Wanda Mullikin
City Clerk
H5-N ovens Oer 30,19a9 N.Ir
•I
Ili
I