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HomeMy WebLinkAbout665 ORDINANCE NO. 665 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA GRANTING TO SANFORD GAS COMPANY, A FLORIDA CORPORATION, A FRANCHISE FOR A PERIOD OF TWENTY-FIVE (25) YEARS TO CONSTRUCT, OPERATE AND M~INTAIN A GAS UTILITY SYSTEM IN THE CITY OF SANFORD, FLORIDA. BE IT ENACTED BY THE PEOPLE OF THE CITY OF SANFORD, FLORIDA: SECTION 1. A. That there is hereby granted to Sanford Gas Company, a Florida corporation, its successors and assigns, (hereinafter called the Grantee), the non- exclusive right, privilege and franchise for a period of twenty-five (25) years from dare of final passage of this Ordinance, to construct, operate and maintain a gas utilky system in the City of Sanford, Florida, hereinafter called the Grantor. B. That in accordance with established practice for the construction, operation and maintenance of gas utility systems, Grantee shall have the following rights under this Franchise: (1) To construct, maintain and operate a gas utility system 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 thereof. (3) To establish, construct, operate and maintain gas manufacturing works and plants, build- ings, warehouses, shops, tanks, holders and machinery within Grantor's corporate limits. (4) To do any and ail other things necessary to the providing by Grantee of adequate gas service to Grantor and its successors, the inhabitants thereof, and persons, firms and corporations beyond the limits thereof. C. That the rights granted herein shall be subject to zoning and fire regulations now or hereinafter established by Grantor; to the restrictions and limitations hereinafter specified, and to the terms and conditions of the Municipal Charter of Grantor. SECTION 2. A. That construction, location, relocation or installation of any facility by Grantee under this Franchise shall not be commenced until a permit 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 done by a contractor, the permit fee prescribed by the pertinent Offiinance of Grantor shall be paid either by Grantee or the contractor. C. That all work under such permits shalI be performed with approval of and under the supervision of the City Manager or other representative of Grantor designated by the City Commission. 2 Such supervision shall not be so unreasonable as to interfere with proper construction, operation and maintenance of Grantee'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 changes made by Grantee. E. Should Grantee fail to comply with D above Grantor may, after twenty (20) days written notice to Grantee from Grantor, make such repairs 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 iuterfere as little as possible with traffic over the streets, alleys, bridges and public ways and places of Grantor and with reasonable allowance for egress and ingress to abut- ting property. G. Before any street, alley, bridge or other public way or place of Grantor shall be completely blocked, Grantee shall consuk with the Grantor's City Manager or Chief of Police on ways and means of holding interference with traffic to a minix~um. SECTION 3. Grantee shall indemnify and hold Grantor harmless against any and all liability for damages which may accrue by law 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 liable by law as a result of such activities and operations. 3 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 physi- cal property of Grantee within the corporate limits of Grantor relating to the supplying of public utility gas service to the inhabitants of Grantor at a valuation to be determined in accordance with the General Laws or Municipal Charter now or hereafter in effect, including Section 167.22 Florida Statutes 1955. SECTION 5. Grantor agrees not to engage in the business of manufacturing, distributing or selling gas or gas appliances or equipment during the existence of this Franchise. SECTION 6. Grantee shall maintain its gas mains, trans- mission lines, supply line, service lines and other works and facilities used and useful in in providing gas service to the in- habitants of Grantor in good and workable condition, and to provide an adequate supply of gas of standard grade and quality to said inhabitants. SECTION 7. That ail rules and regulations established by Grantee from time to time shall at all times be reasonable and Grantee's rates for gas service under this Franchise shall at ali times be just, reasonable and compensatory, and subject to such regulation as may be provided by law. SECTION 8. A. Grantee shall collect on behalf of Grantor the Utility Tax imposed on Grantee's customers for gas service rendered under this Franchise as provided in Grantor's Ordinance No. 379 and Ordinance No. 421. 4 B. Grantee shall pay to Grantor monthly when due the sums collected for Utility Tax on gas consumers as provided in Grantor's Ordinance No. 379 and Ordinance No. 421. C. Grantor shall have the right, during business hours to inspect and/or audit the books and records of Grantee evidencing the revenues of Grantee on which the above Utility Tax is imposed. SECTION 9. A. Grantee shall provide natural gas service to Grantor and the inhabitants thereof, and to persons, firms and corporations within and beyond the city limits thereof, as may be economically feasible, within six (6) months after natural gas is made available to Grantee by a natural gas pipe line company. B. Nothing in A above shall prevent Grantee from substituting thereafter, in whole or in part, other gaseous fuels in lieu of natural gas, as may be necessary or desirable in the operation of Grantee's gas utility system. SECTION 10. Commencing the first day of the month following two (2) years rifler the introduction of natural gas into the distribution system of the holder of this Franchise, so long as this Franchise is effective, there will be applied to the holder an annual Franchise Tax which shall be equal to the sum of two per cent (2~0) of the annual gross revenue derived by the holder from the sale of any or all gas distributed through the distribution system of holder to residential consumers within the contemporaneous or future corporate limits of the Gity of Sanford, Florida. Said Franchise Tax shall become due and payable annually sixty (60) days after the close of the previous twelve (12) month period upon which the tax herein imposed shall apply. 5 The City of Sanford, Florida, covenants with the holder hereof that no other Franchise Tax shall be imposed upon the holder of this Franchise by the City of Sanford, Florida, so long as this Franchise shall be ef- fective; this covenant shall be binding upon the City of Sanford, Florida, and its successors. SECTION 11. A. Should Grantee fail to pay the monthly sums collected for Utility Tax when due according to Grantor's Ordinance No. 379 and Ordinance No. 421, or fail to comply in any substantial respect with other provisions 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. C. In the event of court proceedings and a ruling of the Court in favor of Grantor, the Grantee shall have sixty (60) days after final determination of the question to make good or correct the default or non-compliance before a forfeiture of this Franchise shall result. Grantor shall have the right to extend the time of compliance be- yond the thirty (30) and sixty (60) day periods for good causes shown. SECTION 12. Grantee shall have the privilege of accepting this Franchise in writing ~,.ithin thirty (30) days after final passage, and the Ordinance shall be in full force and effect upon the lodging with the City Clerk of a writing executed by the 6 President or Vice-President of Grantee accepting this Ordinance on behalf of Grantee. SECTION 13. Ali Ordinances or parts of Ordinances of Grantor in conflict herewith are hereby repealed to the extent of such conflict. SECTION 14. This Ordinance shall become effective immediately upon its acceptance by Grantee. PASSED AND ADOPTED This 22 day of l)eoe~ber , A.D. 1958. Attest: Depug¥ Cit~Cler~ As the'City Commission of the City of Sanford, Florida 7 ~ERT IF I GA TE I, H. N. Tam~, Jr., Deputy City Clerk of the City of Sanford, ~lorida, do hereby certify that a Hue and correct copy of the foregoing Ordinance No. 665, PASSED and ADOPTED by the City Commlesion of the City of Sanford, Florida, on the 22nd. day of December, 195~, was POSTED at the front door of the City H~11 in the City of ~.nford, Florida, on the 24th. day of December, 195~. Sanford, The Celery City Commission-manager Plan I hereby acknowledge receipt of the attached Acceptance by the ~anford Gas Company cf Ordinance No. 665, it being: ~AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA GRAY, TING TO ~ANFORD G.~S CO~.~ANY, A FLORIDA CO~POP~TION, A FP~NCHISE FOR A PERIOD OF T~ENTY-FIVE (25) YEARS TO CONSTRUCT, OPERATE AND ~AINT~IN A GAB UTILITY ~YSTE~ IN THE CITY OF ~ANFORD, FLORIDA° and certify that I have filed the same for permanent files and reoord~ of the City of ~hls ~th. day of January, 1~59. record in th~ San ford, Florida~ CITY GAS BOTTLED GAS SANFORD GAS COMPANY 210 EAST FIRST STREET, SANFORD, FLORIDA JANUAA'f 6, L959 GAS APPLIANCES TO THE CITY CLERK, CITY OF SANFOXD CITY ILALL SANFORD, FLORIDA Dear Sir: This .~ill acknowledge the receipt by Sanford Gas Company, a Florida corporation, of a certified copy of Sanford ordinance number 665, the same being a franchise for the construct~.on and maintainance of a g~s uti£itf system in the City of Sanford, Florida. Ordinance number 665 was passed and adopted by thc City Corrm~ission of the City of Sanford on December 22, 1958 and becomes effective within thirty days thereafter upon its acceptance by Sanford Gas Company. As provided in Section 12, Ordinance 665 of the City of Sanford, said Ordinance 665 is hereby accepted by Sanford Gas Company, a Florida corporation. This acceptance is ew[denced b~, the signature of the P~esident of Sanford Gas Companf given this 6th daf of January, i959. / STATE OF FLO,LIDA COUNTY OF VOLUSI~, Before me personally appeared h. 7% Gaede and ~:y ,~. Gaede, to me well known, and known to me to be the individuals described in and who executed the foregoing iastrument as A. H. Gaede, President,and Hary il. Gaede, Secretary, of the above named 5anford Gas Company, a Corporation, and severally acknowledged to and before me that they executed such instrument as such President and Secretary, respectively, of said corporatJon,and that the sea] affixed to the foregoing instrument is the corporate seal of said corporation and that it was affixed to said instrument by due and regular corporate authority, and that said instrument is the free act and deed of said corporation. [ITNNSS my hand and offici~l seal this 6th day of January, A. D. 1959. - [ Notary ~ubI~c My co~ission expires My commission expires April 25. 1959