Fort Walton Beach Council agenda — 08-22-2006 ‎(regular)‎ — reading text

State of Florida Licensed Master 29 Therefore, there is a need to allow annual inspections by stations are conducted timely. 30 Plumbers to ensure that all inspections of private lift 31 73. 04. 32 SECTION 3. AMENDMENT OF SECTION 10. Lift Station, is amended 33 Section 10. 73. 04, Sewers and Sewage Disposal, Private 34 as follows. 35 10. 73. 04 Annual Inspection Required owned lift station, the 36 For any property containing a privately annual station inspection on such POLS, 37 property owner shall obtain an structural, and electrical 38 certifying that the POLS meets all mechanical, annual inspection shall be required 39 requirements of the state. Proof of such to obtain a permit. Thereafter, the annual station inspection shall be 40 of such permit. The property 41 performed within 60 days of the expiration 42 owner must submit a reportcertifying the POLS is in proper operating maintenance/repairs 43 order meeting all state requirements and all needed the results from each annual 44 have been completed. This certification of to the expiration of the 45 inspection shall be submitted to the city prior to the expiration of the 46 permit. Such submission of documentation prior  renewal notification to the city of said 47 facility' s permit shall serve as and certified by a state 48 permit. Such inspections shall be conducted master plumber at the 49 licensed professional engineer or a state licensed 50 owner' s sole expense. 51 52 53 SECTION 4. CONFLICTING PROVISIONS. 54 of this ordinance and any other 55 In the event of a conflict between the provisions Resolution, the terms of this ordinance shall prevail 56 provision of a City Ordinance or City 57 to the extent of such conflict. 58 59 SECTION 5. EFFECTIVE DATE. 60 the City Council and 61 This Ordinance shall take effect immediately upon approval by 62 signature of the Mayor. 63 64 65 66 Adopted: Michael G. Anderson, Mayor 67 68 69 70 Attest: Approved as to form and legal sufficiency: 71 72 73 Toni L.Craig, City Attorney 74 Helen Spencer, City Clerk 75 76 77 78 Strikethroughs are deletions; underlines are additions. 79 80 81 Codification instructions: Section 3 amends Section 10. 73. 04 as stated. 82 Sections 1, 2, 4, 5, not codified. 83 84  CITY COUNCIL MEETING August 22, 2006 Public Hearing Agenda Consideration of Ordinance 1710 relating to natural gas utility franchise Second Reading) ( City Manager) Council Action 1 st 2nd Vote: PH- 7 Agenda Item Number: 1 2 ORDINANCE 1710 3 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, 4 RELATING TO NATURAL GAS UTILITY 5 FLORIDA, PROVIDING 6 FRANCHISE: PROVIDING FOR DEFINITIONS; FOR NON- 7 FOR GRANT OF FRANCHISE; PROVIDING AREA; 8 EXCLUSIVE GRANT; PROVIDING FOR GEOGRAPmC 9 PROVIDING FOR TERM: PROVIDING FOR CONSIDERATION; 10 PROVIDING FOR THE CITY NOT TO COMPETE; PROVIDING FOR 11 FOR ACCOUNTING, AUDIT, INSPECTION; PROVIDING 12 REGULATION OF RATES; PROVIDING FOR ASSIGNMENT: 13 PROVIDING FOR COMPLIANCE WITH LAWS; PROVIDING WAYS; 14 FOR CONDITIONS OF OCCUPANCY OF PUBLIC FOR RESTORATION; PROVIDING FOR 15 PROVIDING COMPLETION, PROVIDING FOR RELOCATION AT DISTRICT 16 17 EXPENSE; PROVIDING FOR SAFETY REQUIREMENTS; FOR 18 PROVIDING FOR SERVICE POLICIES; PROVIDING 19 MONITORING PERFORMANCE AND COMPLIANCE; LIABILITY AND 20 PROVIDING FOR INDEMNIFICATION, 21 INSURANCE; PROVIDING FOR ANNUAL AUDIT; PROVIDING DEFAULT 22 FOR COLLECTION PROVISION; PROVIDING FOR AFTER 23 CLAUSE; PROVIDING FOR RIGHT TO PURCHASE OF FRANCmSE; PROVIDING FOR 24 EXPIRATION DURING DISPUTE; PROVIDING FOR 25 OPERATIONS MANDATORY: PROVIDING FOR 26 CONTINUITY OF SERVICE 27 MISCELLANEOUS; PROVIDING FOR FAILURE TO REQUIRE NOT A WAIVER; PROVIDING FOR 28 PERFORMANCE, 29 SEVERABILITY; PROVIDING FOR CAPTIONS; PROVIDING CLAUSE; AND PROVIDING FOR AN 30 FOR REPEALING 31 EFFECTIVE DATE. 32 of the State of Florida 33 WHEREAS, the Okaloosa County Gas District is an independent agency Act in the year 1953 to provide natural gas service to areas 34 created by the State Legislature by Special 35 specified in said Legislation; and 36 since its inception by providing 37 WHEREAS, the District has perfonned its Legislative fimction 38 natural gas service; and 39 Okaloosa County Gas District find 40 WHEREAS, the City Council of Fort Walton Beach and the limits are continued to be adequately 41 that it is in the interest to insure that all areas within the City public 42 provided with high quality gas service; and 43 it in the public interest to retain 44 WHEREAS, the City Council of Fort Walton Beach finds of to ensure againstinterference with the 45 control over the use of public rights of way by providers gas and efficient use of limited 46 convenience, to promote aesthetic considerations, to promote planned public investment in right of way property; and 47 right of way space, and to protect the public 48 49 WHEREAS, it is mutually desirable and in the public interest to insure that such high quality gas 50 service rendered by the Grantee in the past be maintained in a safe and efficient manner; and 51 52 WHEREAS, the District is required by Federal and state regulatory agencies to observe safety 53 standards to protect the general public including regulation by the appropriate federal and state agencies 54 as to safety standards; and 55 56 WHEREAS, the City Council of Fort Walton Beach find that the granting of a non- exclusive 57 franchise to the District to assure that the said objectives are facilitated and promoted; and 58 59 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 60 FORT WALTON BEACH, FLORIDA: 61 62 SECTION 1. DEFINITIONS. For the purposes of this ordinance the following tenns, phrases, 63 words, abbreviations and their derivations shall have the meaning herein given. When not inconsistent 64 with the context, words used in the present tense include the future tense, words in the plural number 65 include the singular number and words in the singular number include the plural number. The word 66 shall" is always mandatory and not merely directory. Words not defined shall be given their common 67 and ordinary meaning. 68 69 A. " Agreed" shall mean an expressed contractual covenant. 70 71 B. " Corporate limits" shall mean the corporate limits of the City as said limits are now 72 established or as such limits may hereafter be extended. 73 74 C. " Customer" shall mean any person, finn or public or private corporation served by the 75 Grantee within the franchise area. 76 77 D. " Dedication" shall mean any real property appropriated to public gas use by its owner 78 and accepted by the City for gas use on behalf of the public. 79 80 E. " Distribution system" shall mean the distribution system of the Grantee lying within the 81 corporate limits of the City and all such distribution facilities of the Grantee in the area adjacent thereto, 82 as the Grantor and the Grantee shall mutually, in good faith, determine to constitute a component part of 83 such distribution system. The tenn shall not include any interruptible customer or any connections or 84 metering facilities of the Grantee used in connection with its gas transmission system or any transmission 85 line tap connections for individual customers or metering facilities for such connections. 86 87 F. " Easement" shall mean real