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

property, the right to use and enjoyment of which is vested in 88 the public generally or in the Grantor, and which permits natural gas use. 89 90 G. " Facilities or equipment" shall mean pipe, pipeline, tube, main, service, trap, vent, vault, 91 manhole, meter, gauge, regulator, valve, conduit, appliance, attachment, structure or structures, and appurtenances used or useful in the distribution of gas, located or to be located in, upon, along, 92 across, 93 under or over the streets. 94 95 H. " Fair market value" shall mean the price that a willing seller would take being under no 2  under no compulsion to 96 compulsion to sell and the price that a willing purchaser would pay being 97 purchase. 98 to this 99 I. " Franchise Area" shall mean the area subject to the franchise granted pursuant 100 ordinance. which is 101 J. " Gas" shall mean natural gas and/or commingled gas and/or manufactured gas 102 distributed in pipes. It shall not mean bottle gas or any other fuel. 103 104 K. " Grantee" shall mean the Okaloosa County Gas District and its successors. 105 106 L. " Grantor" shall mean the City of Fort Walton Beach, its successors and assigns. 107 108 M. " Gross Revenues" shall mean all sums of money which the Grantee receives or becomes the exception of reasonably 109 lawfully entitled to receive from the sale of gas within the franchise area with uncollectible receivables. The Grantee will pursue its collectible receivables. In view of federal 110 diligently from gas 111 and state regulatory uncertainty, monies received from gas transportation sold separately delivered in the franchise area is excluded from revenue at this time. However, this subject will be 112 gross time Grantee receives legitimate customer 113 reviewed and negotiated by Grantor and Grantee at such as a for by Grantee, sold separately from within the franchise area. Grantee 114 request gas transportation gas, 115 shall promptly advise Grantor, in writing, of such request. At the time of such request, Grantor and 116 Grantee shall mutually, and in good faith, considering all relevant regulatory factors, decide the issue. 117 and open 118 N. " Highway" shall mean a way or place of whatever nature, publicly maintained to the use of the public for purposes of vehicular travel. Highway shall include street or alley. 119 120 from the 121 O. " Interruptible Customer" shall mean any customer who receives natural gas Grantee under the Commercial and Industrial Interruptible Gas Service Rate I- I- G or pursuant to any 122 123 contract which anticipates and permits interruption of gas service on short notice. 124 Gas 125 P. " Legislative Charter" shall mean the legislative act creating the Okaloosa County District, being Chapter 29334, Laws of Florida, Special Acts of 1953; as amended by Chapter 31051, 126 468 ( House Bill No. 127 Laws of Florida, Acts of 1955 ( Senate Bill No. 1286); as amended by Chapter 86- 128 1418), Laws of Florida; and as further amended by Chapter 2000-443, Laws of Florida. 129 130 Q. " Public property" shall mean any real property owned by the Grantor other than a 131 highway, sidewalk, easement or dedication. 132 133 R. " Sidewalk" shall mean that portion of a highway, other than a roadway, set apart by curbs, barriers, markings or other delineation for pedestrian travel, including paths and parkways, not on 134 135 private lands. 136 137 S. " Transmission system" shall mean the Grantee' s main tranSffilSSlon lines, laterals, in the transporting of gas to connect to 138 metering stations, connections and other components thereof used of 139 the distribution systemwithin the City and to transport gas to such other distribution systems or points 140 destination in other cities or unincorporated territories. 141 non- exclusive 142 SECTION 2. GRANT OF FRANCmSE. Grantee is hereby granted a 3