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ORDINANCE NO. 90-100 AN ORDINANCE OF THE CITY OF LAUDERHILL GRANTING THE NONEXCLUSIVE FRANCHISE TO FLORIDA PUBLIC UTILITIES COMPANY FOR GAS SERVICES FOR THE CITY OF LAUDERHILL FOR A TERM OF (10) YEARS; PLUS TWO RENEWAL TERMS OF TEN (10) YEARS EACH; PROVIDING THAT FLORIDA PUBLIC UTILITIES COMPANY SHALL HAVE THE RIGHT TO USE, CONSTRUCT AND MAINTAIN PLANTS, STORAGE TANKS AND OTHER FACILITIES WHICH ARE REQUIRED TO PROVIDE THE GAS SERVICE; PROVIDING THAT FLORIDA PUBLIC UTILITIES COMPANY SHALL HAVE THE RIGHT TO USE PUBLIC RIGHTS-OF-WAY; PROVIDING OTHER CONDITIONS; PROVIDING FOR EFFECTIVE DATE. Section 1. The City of Lauderhill, hereinafter designated as the city, acting by and through its city council, does hereby grant unto Florida Public Utilities Company, hereinafter designated as the Florida Public Utilities Company, its successors or assigns, subject to the terms and conditions of this ordinance, a nonexclusive franchise to render gas service to the inhabitants of the city and grants to Florida Public Utilities Company the privilege of rendering such service for the full term of this franchise. Wherever used herein, the term Florida Public Utilities Company shall mean Florida Public Utilities Company or any of its successors or assignees. Section 2. Gas service shall be construed to include the manufacture, processing, distribution and sale of gas (including but not limited to natural gas, manufactured gas or liquefied petroleum gas, regardless of source or origin) for domestic or commercial use. Section 3. Florida Public Utilities Company is hereby authorized to construct within the limits of the city in any area now zoned or hereafter to be zoned for such purposes such plants, storage tanks or other structures necessary or useful in the exercise of the franchise granted but in accordance with Florida Statutes. In the event that any plant for the manufacture or processing of any gas is constructed and operated in any such area, the same shall be operated in such manner as to prevent its being or becoming a public nuisance by the emanation of unreasonable amounts of smoke, odors or noises of a nature to offend a substantial portion of the inhabitants of the immediate vicinity of such operations. Section 4. Florida Public Utilities Company is hereby granted the privilege of using the streets, alleys, roads and other public rights-of-way in the city for carrying into effect the privileges granted by this ordinance; and Florida Public Utilities Company is further authorized to make all necessary excavations therein to install, repair or replace such pipes, mains or other facilities essential and useful in the distribution of gas from outside sources to places of storage or to mains for ultimate distribution to consumers. Section 5. Florida Public Utilities Company, at no cost to the city, shall restore all such streets, alleys, roads and other public rights-of-way to their original condition with due and reasonable dispatch and with the least practicable interference with or inconvenience to the rights of the public and individuals in and to such streets, alleys, roads and other public rights-of-way. Section 6. In the event that any obstruction or excavation caused by Florida Public Utilities Company shall remain longer than three (3) days after notice from the city to remove the same, or in the event of failure by Florida Public Utilities Company to protect any dangerous places by proper guards or warning devices, the city may remove, fill or protect the same at the expense of Florida Public Utilities Company. Section 7. In installing, repairing or replacing pipes or mains or in excavating in connection with any other purposes of Florida Public Utilities Company, Florida Public Utilities Company shall conform to all regulations which are or may be prescribed by the city and shall not interfere with or injure any water pipes, drains or sewers or the facilities of any public utility operating with the consent of the city. Florida Public Utilities Company shall repair said public utility facilities at its expense for damage caused by Florida Public Utilities Company's installation, repair and replacement work. Section 8. The city shall not be limited in any fashion from laying any electrical conduits, water, gas or other pipelines, cables or sewers or doing any underground work in any public right-of-way or relocating, changing, moving or excavating any public right-of-way. The city shall not be liable to Florida Public Utilities Company for any damage caused thereby unless willfully done. The city may require Florida Public Utilities Company to alter or relocate its system to facilitate this work, and said alteration or relocation shall be done forthwith with no reimbursement from the city. Notice shall be given to Florida Public Utilities Company by the city at least seven (7) days prior to commencement of any such work unless there is an emergency. Florida Public Utilities Company shall cooperate with the city by advising the city of the location of its facilities prior to such commencement. Section 9. Florida Public Utilities Company, as an express condition of the granting of this franchise, shall save the city harmless from any claims resulting from damage or injury to persons or property caused by the neglect or mismanagement of itself or of any of its employees or agents while engaged in constructing or operating its works; and should any claim be made or suit brought against the city, it shall be the duty of Florida Public Utilities Company upon demand to defend or settle the same and otherwise save the city harmless by virtue of any such actions or by virtue of the recovery of any judgment in connection therewith, including all costs and attorney fees, whether at the trial level or at the appellate level. Section 10. The provisions of this ordinance and the nonexclusive franchise thereunder shall be deemed to be an irrevocable contract between the city and Florida Public Utilities Company for a period of ten (10) years from the effective date hereof. Florida Public Utilities Company and the city shall have the option to extend the same for two (2) additional ten-year periods upon mutual consent. Florida Public Utilities Company shall exercise each option by notice by certified or registered mail to the city clerk at least six (6) months prior to the expiration of each option period. Acceptance thereof by the city shall be by resolution of the city council within thirty (30) days after the receipt by the city of Florida Public Utilities Company's offer to exercise the option. No competitive bidding shall be required for the exercise of either option. The offer by Florida Public Utilities Company to exercise the option shall constitute an agreement by Florida Public Utilities Company to accept all of the terms and conditions of this ordinance for the subsequent ten-year option period. Other than at the end of each ten-year option period, the provisions hereof and the franchise granted hereunder may not be sooner terminated except by voluntary surrender in writing by Florida Public Utilities Company or by action to declare the same forfeited for violation or nonperformance by Florida Public Utilities Company. Such action may be instituted only by the city and only pursuant to the provisions of Section 11 hereof. Section 11. In the event of any violation or nonperformance by Florida Public Utilities Company of the terms of this franchise, the city council shall adopt a resolution specifying the violation or nonperformance and shall fix a date for a public hearing to be held not less than twenty (20) days nor more than sixty (60) days from the effective date of such resolution. Within five (5) days from the effective date of said resolution, a certified copy thereof shall be forwarded by registered or certified mail to Florida Public Utilities Company. At the hearing, Florida Public Utilities Company shall be permitted to offer evidence that no violation was committed or that it was not guilty of nonperformance and shall also be permitted to offer evidence of compliance or performance subsequent to the date of any violation or nonperformance. Should the city council find that as of the date of the hearing there is noncompliance or nonperformance by Florida Public Utilities Company, it shall adopt a resolution so finding. If, within thirty (30) days of the effective date of such resolution, or within such longer period of time as may be fixed by the city council, Florida Public Utilities Company shall not have performed or complied, the city may declare the franchise to be terminated by further resolution of the city council. Florida Public Utilities Company shall have the right to appeal such action to the Broward County Circuit Court within thirty (30) days from the date of resolution declaring the franchise to be terminated. Provided, however, should there be a stoppage, interruption or other failure in service attributable to causes other than fault on the part of Florida Public Utilities Company, then and in the event, such stoppage, interruption or other failure of service shall not be deemed to be a violation of this ordinance unless Florida Public Utilities Company shall not resume service within thirty (30) days or any longer period as may be fixed by the city council after the cause of such stoppage, interruption or failure of service ceased to exist or conditions created thereby were remedied. Section 12. A forfeiture of this franchise shall be limited to a denial of the nonexclusive privilege of rendering gas services as herein contained and shall not extend to any taking of any of the property of Florida Public Utilities Company. In the event that a forfeiture is declared, Florida Public Utilities Company shall cease to use its plant and equipment within sixty (60) days of the date that the forfeiture is declared. Section 13. In the event that Florida Public Utilities Company chooses to remove its property from the public rights-of-way, it shall post bond with the city in the penal sum of one hundred fifty thousand dollars ($150,000.00) conditioned upon restoration by Florida Public Utilities Company of such rights-of-way to their condition prior to the commencement of work in connection with the removal of such property unless said removal shall be caused by an act or ordinance initiated by the city. Section 14. No sale, assignment or transfer of the rights granted by this franchise shall be effective unless Florida Public Utilities Company shall file a written notice with the city sixty (60) days prior to the date of sale, assignment or transfer, and the city shall have approved the sale, assignment or transfer. Said approval shall not be unreasonably withheld. Section 15. Florida Public Utilities Company shall maintain at all times at a place within the city all records necessary to show compliance with Lauderhill City Code Sections 19-16 through 19-23, as they now exist or may be amended or renumbered, and shall give access to the city to review same Monday through Friday from 8:00 a.m. through 5:00 p.m. upon one (1) day's notice. Section 16. Nothing in this ordinance shall be deemed a prohibition against any other liquefied petroleum (propane gas) distributor from doing business in the city or from utilizing storage or distribution facilities within the city in accordance with local and state laws. Section 17. If any section, paragraph, clause or phrase or application thereof to any person or circumstances shall be construed by a court of appropriate jurisdiction to be unconstitutional or invalid, such finding shall not affect the rest of this ordinance or the application of such section, paragraph, clause or phrase to other persons and other circumstances, it being the intention of the city council to pass this ordinance without any such unconstitutional section, paragraph, clause or phrase or application thereof. Section 18. All ordinances or parts of ordinances, all resolutions, or parts of resolutions in conflict herewith be and the same are hereby repealed as to the extent of such conflict. Section 19. This ordinance shall take effect immediately upon its passage. DATED THIS 26th day of February, 1990. PASSED AND ADOPTED on first reading this 12th day of February, 1990. PASSED AND ADOPTED on second reading this 26th day of February, 1990.
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