Item 8DAGENDA ITEM # 8D
SEPTEMBER 10, 2007
ATLANTIC BEACH CITY COMMISSION
CITY OF ATLANTIC BEACH, FLORIDA
In re the matter of
FERRELLGAS, INC.,
and FERRELLGAS, L.P.
ORDER REQUIRING REMOVAL OF UNDERGROUND TANK
WHEREAS, Ferrellgas, Inc. and/or Ferrellgas, L.P. are the owners of various
underground gas tanks with appurtenant equipment located within City owned rights of
way in the Royal Palms subdivision, including the western most tank on Triton Road, and
WHEREAS, in connection with the installation, maintenance, and expansion of
certain infrastructure improvements planned for the Royal Plans subdivision, it is
necessary that said underground gas tanks with appurtenant equipment be removed from
the City owned rights of way, including the western most tank on Triton Road, and
WHEREAS, by letters dated April 30, 2007, copies attached hereto, both
Ferrellgas, Inc. and Ferrellgas, L.P. were given written notice to remove their
underground gas tanks and all appurtenant equipment from the City owned rights of way
in the Royal Palms subdivision, but they have failed and refused to do so.
THEREFORE it is
ORDERED as follows.
1. Prior to October 15, 2007, Ferrellgas, Inc. and/or Ferrellgas, L.P., shall
remove, at their own expense, the following described underground gas tank with all
appurtenant equipment from a City owned right of way, to wit: the western most tank on
Triton Road (near Royal Palms Drive) in the Royal Palms subdivision of Atlantic Beach,
Florida.
2. If Ferrellgas, Inc. andlor Ferrellgas, L.P., fails to remove the above
described tank and equipment at it own expense prior to October 15, 2007, then the City
shall proceed to cause said tank and equipment to be removed, shall pay the expense
incurred thereby out of any money available therefore, and such expense shall be charged
against Ferrellgas, Inc. and/or Ferrellgas, L.P. and levied and collected and paid into the
fund from which the City paid for the removal.
AGENDA ITEM # 8D
SEPTEMBER 10, 2007
3. A copy of this ORDER shall be delivered to Ferrellgas, Inc. and
Ferrellgas, L.P., as NOTICE to them as required by law.
DONE AND ORDERED by unanimous vote of the Atlantic Beach City
Commission at Atlantic Beach, Florida, this day of September, 2007.
Attest:
DONNA BUSSEY
City Clerk
DONALD M. WOLFSON
Mayor, Presiding Officer
Copies to:
Ferrellgas, Inc.
Ferrellgas, L.P.
Alan C. Jensen, City Attorney