Ordinance No. 40-58-1 v O:RDINAb CE 40-58-1
AN ORDINANCE GRANTING THE RIGHT, PRIVILEGE AND
FRANCHISE TO THE JACKSONVIT.LE GAS CORPORATION,
A CORPORATION, TO OPEN THE GROUND IN THE STREETS
AND HIGHWAYS IN THE CITY OF ATLANTIC BEACH, AND
TO CROSS ANY BRIDGES, VIADUCTS, CULVERTS, IN THE
CITY OF ATLANTIC BEACH FOR THE PURPOSE OF SINKING,
LAYIfG OR REPAIRING PIPES, MAINS AND CONDUITS FOR
THE TRANSMISSION, DISTRIBUTION AND SALE OF MANU-
FACTURED, LIQUEFIED PETROLEUM OR NATURAL GAS IN
SAID CITY: AND PROVIDING FOR REFERENDUM ELECTION
FOR THE APPROVAL OR DISAPPROVAL OF THIS ORDINANCE
BY THE FREEHOLDERS WHO ARE QUALIFIED ELECTORS
RESIDING IN SAID CITY.
BE IT ORDAINED BY THE PEOPLE OF THE CITY OF ATLANTIC
BEACH, FLORIDA:
to The Jacksonville Gas Corporation is hereby granted
the right, privilege and franchise and shall have the power and
authority to open the ground in the streets and highways of the
City of Atlantic Beach, Florida, and to cross any, bridges, viaducts
and culverts of said City of Atlantic Beach for the purpose of
sinking, laying or repairing such pipes, mains and conduits and
appurtenant machinery, equipment as may be necessary or as said
Company may deem proper to sink, lay or repair for the purposes
expressed in the articles of incorporation of said Company, and
specifically, without limiting the generality of the foregoing,
the transmission, distribution and sale of manufactured gas,
liquefied petroleum gas, or natural gas under the following terms
and conditions:
a) The location for the sinking and layinf such pipes,
mains and conduits and appurtenant machinery and equipment shall
be approved by the City and the construction, operation, maintenance
and repair of said pipes, mains, conduits and appurtenant machinery
and equipment shall conform to any requirements made by the City
or any department officer authorized to supervise and regulate
such work for the protection and safety of the public; and such
maintenance shall at all times conform to the requirements and
standards as fixed by the American Standard GAS TRANSMISSION AND
DISTRIBUTION PIPING SYSTEMS, Code ASA B31.1.8-1955, and any damage
or injury done or caused to the City's streets highways or roads,
4 or any portion or portions thereof, in such construction,; opera-
tion, maintenance and repair of such pipes, mains, conduits and
•
appurtenant machinery ant equipment shall be immediately repaired
and reconstructed under the supervision and control of the City or
its authorized officer;
b) The Company hereby assumed all liability for and will
indemnify and save harmless the City from and against all damages
which may arise or accrue to the City from any injury to persons or
property caused by the Company or any of its employees in the con-
struction, operation, maintenance or repair of said pipes, mains,
conduits and appurtenant machinery and equipment and/or neglect of
the Company or any of its employees to comply with any reasonable
police ordinance relative to the use of said streets or highways or
public places. The City agrees to give notice in writing to the
Company in all claims and suits against it arising out of any such
matters as soon as may be practicable after being itself notified
thereof.
2. Whenever it shall be reasonably necessary for the con-
venience of the City and the safety and well being of the public
that the pipes, mains, conduits and appurtenant machinery and equip-
ment located on or under the streets and highways of the City be re-
moved or reset or relocated, upon reasonable written notice from the
City to the Company, the Company shall remove the same from such
streets or highways and reset or relocate the same as required by
the City or its authorized officer, at the expense of the Company.
3. At and after the expiration of the term for which this
franchise is granted the City shall have the right to purchase the
plant, system and equipment and other property used under and in
connection with this franchise or such part of such property as the
municipality may desire to purchase, at the valuation of the property
real and personal desired, which valuation shall be fixed by arbitra-
tion as provided by law.
4. This franchise shall run to the Company, its success-
sore and assigns and shall extend for a period of 30 years from
the date of its approval by special election and acceptance by the
Company as hereinafter provided.
5. This franchise shall be effective under the following
conditions:
a) It shall be approved at a referendum in the same manner
as provided in the City's Charter for the approval of the issuance
of bonds, i.e. , it shall be approved by a majority of the votes cast
in an election in which a majority of the freeholders who are qualified
electors residing in the City shall participate. The cost and expense
of such election shall be paid by the Company.
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In the event any inspector or clerk so named is
unable to serve as such, the City Commission reserves the right
to appoint a substitute or substitutes. The inspectors and
clerk shall make their returns to said Commission immediately
after the special election.
e) The polls will be open at such voting place on
the date of the special election from 7:00 o'clock a.m. , to
7:00 o'clock p.m. , on said day. Only the duly qualified electors
residing in said City, who are freeholders, will be permitted to
vote in said election, PROVIDED, HOWEVER, that any qualified
elector residing in the City, who is a freeholder, may vote at
said election upon complying with the requirements of Subsection
(d) of Section 100.241, Florida Statutes.
f) The form of ballot to be used at said special
election shall be in substantially the following form:
OFFICIAL BALLOT
City of Atlantic Beach November 25, 1558
Shall Ordinance No. 40-58-1, adopted by the
City Commission of the City of Atlantic Beach,
Florida, October 20, 1958, granting a franchise
to the Jacksonville Gas Corporation, a corpora-
tion, be approved?
for approval of the ordinance.
against approval of the ordinance.
Instructions to Voters: If you are in favor of
the ordinance and the granting of the fran-
chise, place an "X" mark in the space to the
left of the words "for approval of the ordi-
nance. " If you are not in favor of the
approval of the ordinance and the granting of
the franchise, place an "X" mark in the space
to the left of the words "against approval
of the ordinance. "
g) The City Clerk is hereby authorized and directed
to have printed on plain white paper a sufficient number of the
aforesaid paper ballots and deliver them to the inspectors and
clerk on or before the date and time for the opening of the polls
for said election.
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h) The CJ.eak shall publish a notice co : the election
hereby called in the Ocean Beach Reporter , a newspaper of general
circulation in the City of Atlantic Beach. Florida. Said notice
shall be published at least once each week for four (4) consecu-
tive weeks, with the first publication. thereof to be not less than
30 days prior to the date of said special election. This ordinance,
of which this notice is a part, may be incorporated in and published
as a part of the notice, which said notice shall be in substantially
the following form:
NOTICE OF SPECIAL ELECTION OF FREE-
HOLDERS OF THE CITY OF ATLANTIC BEACH,
FLORIDA, TO VOTE FOR THE APPROVAL OR
DISAPPROVAL OF ORDINANCE NO. 40-58-1,
ADOPTED BY THE CITY COMMISSION OF SAID
CITY ON OCTOBER 20, 1958, GRANTING A
FRANCHISE TO JACKSONVILLE GAS CORPORA-
TION, A CORPORATION.
Notice is hereby given that a special election
will be held in the City of Atlantic Beach, Florida, at the
usual place of voting in said City in general elections, on
the 25th day of November, 1958, in accordance with Ordinance
No. 40-58-1, enacted by said City on the 20th day of October,
1958, granting a franchise to Jacksonville Gas Corporation, a
corporation, for the approval or disapproval of said ordinance
and franchise.
All duly qualified electors of the City of
Atlantic Beach, Florida, who are freeholders and who have
registered not later than 14 days previous to said election
shall be entitled to vote therein.
CITY OF ATLANTIC BEACH, FLORIDA
By
City Clerk
i) The City Clerk, as ex officio Registration Officer,
is hereby authorized and directed to make up and certify a list
of all qualified registered electors residing in said City who are
freeholders and entitled to vote in said special election. A
certified copy of such list shall be furnished to the inspectors
and clerk of the election at said place where the votes are to
be cast in said election, and a certified copy of such. list shall
be filed and preserved among the records of the City Commission.
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j) This ordinance shall be published in full by the
City Clerk once a week for four (4) consecutive weeks in the Ocean
Beach Reporter, a newspaper of general circulation in the City of
Atlantic Beach, Florida. The first publication thereof shall not
be less than 30 days prior to said election.
k) This ordinance shall take effect immediately upon
being posted in full following final passage.
Passed by the City Commission on the first reading
October 13th, 1958.
Passed by the City Commission on second and final
reading, October 20, 19580
ATTEST:
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