Article IV. NATURAL GAS FRANCHISE  


I. - Definitions.
II. - Grant of franchise; term; limitations.
III. - Franchise fees; audits; inspection of records.
IV. - Use of the city's rights-of-way; construction requirements; alteration of the system; access by city.
V. - Assignment.
VI. - Insurance.
VII. - Indemnification.
VIII. - Termination.
IX. - Compliance with city, state and federal laws.
X. - Failure to enforce franchise.
XI. - Severability.
XII. - Headings.
XIII. - Effective date; acceptance.
XIV. - Default and attorney's fees.
XV. - Law governing.
XVI. - Entire agreement.
XVII. - Venue and jurisdiction.
XVIII. - Reservation of rights.
XIX. - Preemption by state or federal law.
XX. - Franchise parity.
XXI. - Acceptance by company.

Ordinance No. 4072

AN ORDINANCE GRANTING TO PEOPLES GAS SYSTEM, A DIVISION OF TAMPA ELECTRIC COMPANY, A NON-EXCLUSIVE FRANCHISE TO USE THE PUBLIC RIGHTS-OF-WAY OF THE CITY OF OCALA FOR THE CONSTRUCTION, MAINTENANCE AND OPERATION OF A NATURAL GAS DISTRIBUTION SYSTEM IN THE CITY OF OCALA; PROVIDING FOR AND PRESCRIBING THE TERMS AND CONDITIONS UNDER WHICH SAID NON-EXCLUSIVE RIGHTS, PRIVILEGES AND FRANCHISE MAY BE EXERCISED; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the City of Ocala (hereinafter referred to as the "City") exercises control over all publicly dedicated rights-of-way located within the limits of the City of Ocala; and

WHEREAS, the City of Ocala will franchise, on a non-exclusive basis, the use of its rights-of-way for natural gas service providers provided the natural gas service provider abides by the terms of this ordinance and pays in a prompt manner all fees and other consideration required herein; and

WHEREAS, Peoples Gas System, a Division of Tampa Electric Company, a Florida corporation (hereinafter referred to as the "Company") wishes to provide for the local distribution of natural gas as provided in this Ordinance; and

WHEREAS, the Company has requested permission from the City to construct, maintain and operate its natural gas system within the aforesaid rights-of-way to provide the aforesaid services; and

WHEREAS, the aforesaid rights-of-way to be used by the Company are valuable public properties acquired and/or maintained by the City at great expense to the City's taxpayers, and the right to use said rights-of-way is a valuable property right; and

WHEREAS, the City desires to insure that the aforesaid rights-of-way used by the Company are promptly restored to a safe and secure condition to protect the health, safety and welfare of the City's citizens.

NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OCALA, FLORIDA, IN REGULAR SESSION AS FOLLOWS:

Section 1. That City Council for the City of Ocala, Florida, does hereby grant a non-exclusive franchise to Company, pursuant to the terms and conditions set forth herein: