O-478-85 ORDINANCE NO. 478-85
AN ORDINANCE GRANTING TO PEOPLES GAS SYSTEM, INC.
A FLORIDA CORPORATION, ITS SUCCESSORS AND ASSIGNS
A FRANCHISE FOR A PERIOD OF THIRTY (30) YEARS TO
CONSTRUCT, OPERATE AND MAINTAIN A GAS UTILITY SYS-
TEM IN MIAMI SHORES VILLAGE, FLORIDA, AND PRESCRIB-
ING THE TERMS AND CONDITIONS OF SUCH FRANCHISE AND
FOR.REVOCATION THEREOF.
BE IT ORDAINED BY THE VILLAGE COUNCIL OF MIAMI SHORES
VILLAGE, FLORIDA:
Section 1. That there is hereby granted to Peoples Gas
System, Inc. , a Florida corporation, (herein called the
"Grantee") its successors and assigns, the non-exclusive right,
privilege or franchise to construct, maintain and operate in,
under, upon, over and across the present and future streets,
alleys, bridges, easements and other public places of Miami
Shores Village, Florida, (herein called the "Grantor") , and
its successors, in accordance with established practice with
respect to gas system construction and maintenance, for a per-
iod of thirty years from the date of acceptance hereof, gas
system facilities (including gas mains, pipes, suppl pipes,
conduits, ducts and other means of conveyance of gas� for the
purpose of supplying natural , manufactured and other gas to
Grantor, and its successors, the inhabitants thereof, and per-
sons and corporations beyond the limits thereof.
Section 2. That the facilities shall be located or relo-
cated and so erected as to interfere as little as possible with
any sewers, water pipes or other public utility services pre-
viously constructed. The location or relocation of all fa-
cilities shall be made after Grantee's receipt of applicable
permits and approvals from Grantor and under the supervision
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 services, That when any portion of a street
alley, bridge, easement and other public place of Miami Shores
Village, Florida is excavated by Grantee in the location or
relocation of any of its facilities, the portion of the street,
alley, bridge, easement or other public place so excavated
shall within a reasonable time and as early as practicable af-
ter such excavation be replaced by the Grantee at its expense
and in as good condition as it was at the time of such exca-
vation.
Section 3. That Grantor shall in no way be liable or
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 be deemed an agreement on the part of Grantee, to in-
demnify Grantor and hold it harmless against any and all
liability, loss, 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 main-
tain Grantor as a named beneficiary under Grantee"s liability
insurance policies.
Section 4. The Grantee, its successors and assigns shall
pay Miami Shore' s Village, its successors and assigns, annually,
for the privilege of operating a gas system under this franchise
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 Village'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
remaining unpaid when due shall draw interest from the due date,
and until payment, at the rate of eighteen percent (18%) per
annum. The Grantee further agrees that the Village Council shall
have the right during business hours, to inspect and/or audit the
Woks and records to the Grantee evidencing the gross receipts of
the Grantee on which this franchise fee is to be paid.
Section 5. As a further consideration of this franchise,
said �_rantor 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
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 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
though it were an extension made thereunder.
Section 7. The failure on the part of the Grantee to com-
ply In any substantial respect with any of the provisions of
this ordinance after written notice from Grantor and a reason-
able time, not exceeding six (6) months, in which to make good
the default, shall be grounds for a forfeiture of this grant,
but no such forfeiture shall take effect, if the reasonableness
or propriety thereof is protested by Grantee until a court of
competent jurisdiction (with right of appeal in either party)
shall have found that Grantee has failed to comply in a sub-
stantial respect with any of the provisions of this franchise,
and the Grantee shall have six (6) months after the final de-
termination of the question, to make good the default before a
forfeiture shall result with the right of Grantor at its dis-
cretion to grant such additional time to Grantee for compliance
as the necessities in 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, includi.ng
reasonable attorney's fees, arising therefrom.
Section 8. This ordiance shall become effective upon
passage.
APPROVED ON FIRST READING this 5th day of March 1985.
APPROVED AND ADOPTED ON SECOND READING thi"N latLday of
March 1985.
Mayor
ATTEST:
APPROVED AS TO FORM:
Village Cle
'Attoftey