HomeMy WebLinkAboutO-14-05 City GasORDINANCE NO. 0-14-05
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA; PROVIDING A
SHORT TITLE; PROVIDING FINDINGS AND INTENT; INCORPORATING THE
FRANCHISE AGREEMENT; GRANTING TO PIVOTAL HOLDINGS, INC., D/B/A
FLORIDA CITY GAS; ITS SUCCESSORS AND ASSIGNS, A NON-EXCLUSIVE
FRANCHISE FOR A PERIOD OF TWENTY-FIVE (25) YEARS TO CONSTRUCT,
OPERATE, MAINTAIN, OWN, AND TRANSPORT IN THE CITY OF
SEBASTIAN, FLORIDA, WORKS FOR THE MANUFACTURE OF, THE
TRANSMISSION OF, THE DISTRIBUTION OF, AND THE TRANSPORTATION
OF, THE SALE OF GAS, INCLUDING NATURAL, MANUFACTURED, OR
MIXED GAS; PROVIDING CONDITIONS TO THE GRANT OF THE
FRANCHISE; PROVIDING FOR CITY REGULATION OF THE GAS SYSTEM;
PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS;
PROVIDING SEVERABILITY; PROVIDNG FOR AN EFFECTIVE DATE.
WHEREAS, the City desires to have a utility gas line system and facilities
within the corporate boundaries of the City;
WHEREAS, the City is prepared to enter into a non-exclusive franchise
agreement for the construction and operation of a utility gas line system within the
City; and
WHEREAS, the City will receive compensation for the use of its rights -of way
to accommodate the installation of such system, as defined in the terms of the
franchise agreement,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. Pivotal Holdings Inc. d/b/a Florida City Gas, is hereby granted a
non-exclusive franchise to provide residential and commercial CNG service within
the City of Sebastian pursuant to the provisions of the Franchise Agreement
between the City of Sebastian and Pivotal Holdings, Inc., d/b/a Florida City Gas
attached hereto as Exhibit "A" and incorporated herein by this reference as if fully
set forth herein.
Section 2. CONFLICT. All ordinances or parts of ordinances in conflict
herewith are hereby repealed.
Section 3. SEVERABILITY. In the event a court of competent jurisdiction
shall determine that any part of this Ordinance is invalid, the remainder of the
Ordinance shall not be affected and it shall be presumed that the City Council of the
City of Sebastian did not intend to enact such invalid provision. It shall further be
assumed that the City Council would have enacted the remainder of this Ordinance
without said invalid provision, thereby causing said remainder to remain in full force
and effect.
Section 4. EFFECTIVE DATE. This Ordinance shall take effect upon its
adoption by the City Council.
The foregoing Ordinance was moved for adoption by Councilmember
Hill The motion was seconded by Councilmember
Coy and, upon being put to a vote, the vote was as follows:
Mayor Bob McPartlan aye
Vice -Mayor Jim Hill aye
Councilmember Jerome Adams aye
Councilmember Richard H. Gillmor aye
Councilmember Andrea B. Coy aye
The Mayor thereupon declared this Ordinance duly passed and adopted this
8th day of October 2014.
CITY OF SEBASTIAN, FLORIDA
By:
Mayor Bob McPartlan
ATTE U a, Iq
Sally A. Ma' , MMC
City Clerk
Approved as to Form and Legality for
Reliance by the City of Sebastian only.
Robert A. Ginsburg, Cit Attorney
EXHIBIT "A"
NON-EXCLUSIVE FRANCHISE AGREEMENT
This NON-EXCLUSIVE FRANCHISE AGREEMENT (the "Agreement') is
entered into this 8a` day of October, 2014 between the City of Sebastian, a political
subdivision of the State of Florida, ("City"), and Pivotal Utility Holdings, Inc., a New
Jersey corporation d/b/a Florida City Gas ("Franchisee"). (City and Franchisee shall
sometimes be collectively referred to as the "Parties" and, individually, as a "Party").
This document contains ten (10) pages.
WITNESSETH:
WHEREAS, the City desires to grant a non-exclusive franchise to permit the
construction, maintenance and operation of natural gas facilities within the City; and
WHEREAS, the Franchisee is capable of providing such services.
NOW, THEREFORE, the Parties agree as follows:
SECTION 1. DEFRgITIONS
a. "City" shall mean the City of Sebastian, a political subdivision of the State
of Florida.
b. "Franchise" shall mean this Agreement and the rights granted to
Franchisee hereunder.
C. "Franchisee" shall mean Pivotal Utility Holdings, Inc., a New Jersey
corporation d/b/a Florida City Gas, and its successors and approved
assigns.
d. "Gas System Facilities" or "Facilities" shall mean and include, but not be
limited to, gas mains, pipes, supply pipes, conduits, ducts, service
connections, manholes, regulators, drip pots, control devices, and any
other hardware or other appurtenances used as a means of conveying,
distributing or selling natural gas for the purpose of supplying natural gas
to the meter of the Customer, constructed both prior to and during the
term of this Agreement.
e. "Customers" shall mean all residences, businesses, governmental entities
and industrial establishments located within the City purchasing natural
gas from Franchisee.
f. "FPSC" shall mean the Florida Public Service Commission
g. "Franchise Fee" shall mean the fees described in Section 8 of this
Agreement.
h. "Gross Revenues" shall have the meaning ascribed to such term by the
FPSC.
i. "natural gas" shall mean natural gas in a gaseous state unmixed or a
mixture of natural and artificial gas, whether manufactured, "landfill" or
otherwise.
j. "Service Area" shall mean the incorporated area of the City of Sebastian,
Florida, and shall not include the territory outside the incorporated area of
the City of Sebastian, Florida.
k. "Uncollectible Accounts" shall mean any account which has been closed
and the deposit applied and is 60 days past due.
SECTION 2. FRANCHISE
The City hereby grants to the Franchisee, and the Franchisee hereby accepts, the
non-exclusive right, privilege and franchise to construct, maintain and operate only Gas
System Facilities in, under, upon, over and across the present and future streets, alleys,
bridges, easements and other public rights-of-way within the Service Area. The
Franchisee shall construct, maintain and operate Gas System Facilities in accordance with
established industry practices, and applicable federal, state and local law, including the
orders, rules and regulations of the FPSC or any other regulatory body having jurisdiction
over the Franchisee and, to the extent permitted by law, the City's installation,
maintenance and operation standards in respect of natural gas. The Franchise term shall
be the period of time commencing as of the effective date of this Agreement and
continuing in full force and effect until expiring at midnight on 30 September 2038;
provided, however, that the Franchise will automatically renew for successive ten (10)
year terms until such time as one of the Parties notifies the other, with no less than two
(2) years written notice, prior to the expiration of the then -current term, that it does not
want the Franchise to automatically renew. If either Party elects not to renew the
Franchise, then the Franchise shall expire upon the conclusion of the then current term.
The City acknowledges that the rates, fees, and charges that Franchisee charges
its customers pursuant to this Agreement are determined by the FPSC.
This grant of authority to Franchisee is strictly limited to the provision of natural
gas service only. It is explicitly recognized that this Franchise does not limit the
Franchisee's ability to operate a liquefied petroleum (commonly referred to as LP gas,
bottled gas, or propane) business within the Service Area, similar to any other liquefied
petroleum business, nor does it limit the City's ability to assess a franchise fee upon the
liquefied petroleum business within the limits permitted under Florida law. In the event
Franchisee desires to use its existing Facilities or to construct new Facilities for the
purpose of providing other utility or non-utility services to existing or potential
Customers, including but not limited to providing public communications, leased fiber
optic capacity, video services, telecommunication services or any other services other
than the provision of natural gas services, or providing any other use to existing or
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potential Customers, Franchisee shall seek additional and separate permission from the
City for such activities.
The Franchisee shall not sell, assign, lease or otherwise alienate and transfer this
Franchise without the prior consent of the City, provided that such consent shall be
granted or withheld in accordance with Chapter 59-1380, Section 4(g), of the Laws of
Florida. To the extent that applicable law requires a public hearing before such consent
may be given, the City shall a public hearing in compliance with applicable law.
Notwithstanding the foregoing, Franchisee shall have the right, without obtaining the
City's consent, to transfer or assign this Franchise as a result of a total or complete
merger or consolidation of Franchisee with a third Party, or sale of the Franchisee's
natural gas division assets. Any sale, assignment, lease or other alienation and transfer
this Franchise shall be subject to the conditions that the successor -in -interest to the
Facilities and/or the rights under this Franchise shall have agreed in writing to be bound
by the terms and conditions of this Agreement. Any dispute relating to or arising out of
the provisions of this paragraph shall be subject to the non-binding arbitration provisions
set forth below, in Section 19 of this Agreement.
Franchisee may, without obtaining the City's consent, pledge this Franchise
and/or the facilities as security.
SECTION 3. USE AND MAINTENANCE OF PUBLIC RIGHTS-OF-WAY
Franchisee's Gas System Facilities shall be located or relocated and so constructed
as not to interfere with, including but not limited to, sanitary sewers, drainage systems,
water pipes, electrical conduits, communications cables or other public utility service
facilities, existing at the time of such location, relocation or construction. The
Franchisee's Facilities shall not obstruct or interfere with the public uses of streets, roads,
highways or alleys, or create any conditions which are or may become dangerous to the
traveling public. Above grade facilities shall be kept to a minimum, and shall be installed
as near to the outer boundaries of the public rights-of-way as reasonably possible. The
location or relocation of all Facilities shall be made after Franchisee has received all
applicable permits, approvals and permissions from the City and such other governmental
entities as may be necessary, and the location(s) or relocation(s) shall be subject to the
City's supervision and approval. In consideration for the Franchise Fee paid under this
Agreement, the Franchisee will not be assessed any permit fees associated with the
installation, construction, repair or maintenance of any Gas System Facilities within the
public rights-of-way. In the event that Franchisee is acting in its proprietary function as a
retail provider of gas equipment or appliances, Franchisee shall seek the appropriate
permits from the City. Franchisee shall cooperate with the City at all times by providing
timely and complete information regarding the location of its Facilities. Franchisee and
City shall cooperate and coordinate their efforts to make the most efficient and
economical use of the public rights-of-way and the Gas System Facilities.
If any street, highway or avenue is to be paved by the City, the City shall give
written notice to the Franchisee not less than ninety (90) days prior to the commencement
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of paving. Provided the Franchisee does not already have a main in the street, highway or
avenue to provide natural gas service to the surrounding houses and other structures,
Franchisee shall survey the surrounding houses and other structures to determine
whether, in its sole discretion, construction of Gas System Facilities in the street,
highway or avenue in question is economically feasible. Where such construction is
determined to be economically feasible, the Franchisee shall construct such Gas System
Facilities in the street, highway or avenue in question prior to paving by the City.
However, in the event the Franchisee believes that such construction may not be
completed prior to City's planned paving schedule, the Parties will attempt to negotiate a
revised paving schedule satisfactory to both Parties; provided, however, that if a delay in
paving will cause additional expense to the City, or substantial inconvenience to the
residents of the City, the City may proceed with its original paving schedule.
The Franchisee shall, at its own expense, replace, repair and restore without delay
any sidewalk, street, alley, pavement, water, sewer or other utility line or appurtenance,
soil, landscaping, dirt or other improvement, property or structure of any nature, that may
be damaged or displaced by the Franchisee in the conduct of its operations, and shall, at a
minimum, restore all property to a condition equivalent to the condition immediately
prior to the work and/or changes made by the Franchisee. Franchisee shall take safety
precautions to alert the public of work, which may include, but is not limited to, the use
of barricades and signs.
The Franchisee shall move or remove any Gas System Facilities at no cost to the
City, in the event of the widening, repair or reconstruction of any street, road, alley or
other right-of-way by the City. The Franchisee and the City shall not be liable for any
cost or expense in connection with the location or relocation of its Gas System Facilities
at the request of any nongovernmental third party. Such requests shall not be honored
until such non-governmental third party has made arrangements to reimburse the
Franchisee and/or the City, as the case may be, in a manner satisfactory to such
Party(ies).
SECTION 4. INSURANCE
The Franchisee, at all times during the exercise of its Franchise, shall carry
general liability insurance in the amount of Five Million Dollars ($5,000,000.00) to
indemnify any persons sustaining personal injury or property damage as a result of the
actions of the Franchisee in the construction, operation or maintenance of its Facilities,
The City shall be named as an additional insured. A certificate of insurance (including
additional insured status) shall be filed with the Sebastian City Clerk. Notwithstanding
the foregoing, the Franchisee may meet the insurance minimum using, in part or whole,
any combination of self-insurance and captive insurance. In the event Franchisee elects to
meet the insurance minimum using, in part or whole, any combination of self-insurance
or captive insurance, the Franchisee shall provide the City with documentation attesting
to its qualified status. To insure that the amount of liability insurance or self-insurance is
consistent with industry standards, as such standards may change during the lengthy term
of the Franchise (including renewals or extensions), the Parties agree to meet
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approximately every five years to evaluate whether the amount of liability insurance or
self-insurance provided under this Agreement is consistent with then -existing industry
standards. If the Parties determine in good faith that the amount of liability insurance or
self-insurance is less than the then -existing industry standard, the amount of such
insurance shall be increased to be consistent with such standard.
SECTION 5. INSTALLATION OF GAS MAINS; MAP OF GAS LINES
Before the commencement of the construction of any Gas System Facilities, the
Franchisee shall provide a drawing to the City establishing the location, lines or any other
information reasonably requested by the City in connection with the Gas System
Facilities. The laying of such Facilities shall conform to the designated locations, lines or
other conditions of the City. After completion of the installation of any Facilities, two
copies of complete location maps will be furnished to the City. The Franchisee and the
City shall cooperate with respect to the form and format of the location maps. Franchisee
agrees that the materials to be used in the construction, operation and maintenance of the
Gas System Facilities and the service to be rendered shall be consistent with local
industry standards and equivalent to those provided to the Franchisee's other franchised
communities.
The Franchisee shall, at all times, keep an accurate map showing the location of
all Gas System Facilities laid and maintained by Franchisee under this Franchise, which
shall be accessible for inspection by City officials upon advance written notice during
reasonable business hours.
SECTION 6. ACCIDENTS OR DAMAGES; EMERGENCIES
The City shall not be liable or responsible in any manner whatsoever for any
accident, personal injury, property damage or any claim or damage that may occur in the
course of the construction, operation or maintenance of any of its Facilities by
Franchisee, and its employees, agents, contractors, and any third parties hired by
Franchisee to perform any aspect of Franchisee's responsibilities under this Agreement,
except for damages specifically caused by or arising out of the negligence, strict liability,
intentional torts or criminal acts of the City. Nothing in this Agreement shall be
construed to affect in any way the City's rights, privileges, and immunities under the
doctrine of "sovereign immunity" as set forth in Section 768.28, Florida Statutes.
The City acknowledges that, in the event of an emergency involving the Gas
System Facilities, Franchisee's obligations to notify various constituents of such
circumstances are regulated by the FPSC.
SECTION 7. INDEMNIFICATION
Franchisee shall indemnify, defend and hold harmless the City, its Council
Members, officers, agents and employees from, and against, any and all claims, suits,
actions, regulatory or administrative proceedings (including reasonable attorney's fees,
R
including appeals), liabilities and expenses arising during the term of this Franchise and
resulting in personal injury, loss of life or damage to property sustained by any person or
entity (collectively "Claims") caused by or arising out of Franchisee's negligence,
intentional torts, strict liability, breach of applicable law or breach of this Agreement in
connection with the construction, operation or maintenance of its Gas System Facilities
within the Service Area, except for Claims caused by or arising out of the negligence,
strict liability, intentional torts, breach of applicable law or breach of this Agreement by
the City. Nothing in this Agreement shall be construed to affect in any way the City's
rights, privileges, and immunities under the doctrine of "sovereign immunity" as set forth
in Section 768.28, Florida Statutes. The provisions of this Section shall survive the
termination of this Agreement.
SECTION 8. FRANCHISE FEE
Within thirty (30) days after the close of the fust full billing month (payment for
which shall include any prior partial month) following the effective date of this Franchise
Agreement, and each month thereafter during the term of this Franchise Agreement, the
Franchisee shall pay to the City a Franchise Fee which, when added to the amount of all
licenses, excises, fees, charges and other impositions of any kind whatsoever (except ad
valorem property taxes and non -ad valorem tax assessments on property) levied or
imposed by the City against Franchisee's property, business or operations and those of its
subsidiaries, is equal to six percent (6%) of the Franchisee's Gross Revenues, less any
adjustments for Uncollectible Accounts, from the sale, transportation, distribution or
delivery of natural gas to Customers within the Service Area. In the event any
Uncollectible Account becomes collectible and/or is collected, an adjustment in amount
due the City shall be made in the next monthly payment. The Franchise Fee payment
shall be deemed paid on time if post -marked within thirty (30) days of the close of the
preceding billing month..
SECTION 9. RIGHT OF CITY TO INTERVENE
The City reserves to itself the right to intervene in any suit, action or proceeding
involving any provision of this Agreement. Franchisee agrees to advise the City of any
such suits.
SECTION 10. ACCOUNTS AND RECORDS; RIGHTS TO AUDIT
The Franchisee shall establish and maintain appropriate accounts in accordance
with generally accepted accounting methods, and shall maintain records in such detail
that Gross Revenues within the limits of the Service Area are consistently declared and
identified separately from all other revenues. All records shall be maintained for a
minimum of three (3) years, or longer if required by applicable regulatory bodies. The
Franchisee further agrees that the City, by any duly authorized representative, shall have
the right during business hours, and with prior written notice, to inspect and/or audit the
books and records of the Franchisee that evidence the Gross Revenues and computations
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of Franchise Fee payments made by the Franchisee to the City. If the City decides to
inspect and/or audit Franchisee's books and records, specifically Franchise Fee payments
made to the City and Franchise Fee computations, the Franchisee shall permit a City
representative to review the pertinent portion of the Franchisee's books and records
including billing and collection records at the Franchisee's office where these records are
housed, during normal business hours. In the event that an audit of Franchisee's books
determines that Franchisee made underpayment in any month and that the underpayment
exceeded five percent (5%) of the amount actually due in such month, Franchisee shall
pay interest at the rate of twelve percent (12%) per annum on the amount underpaid or
not paid calculated from the date the amount was due to the date it was finally paid. Both
the underpayment and interest shall be paid within thirty (30) days after receipt of
demand from the.
SECTION 11. CHANGES TO THE SERVICE AREA
Upon the City's becoming aware that the Service Area has changed due to the
annexation or incorporation of any property within the Service Area by a municipality or
other body, the City shall promptly notify Franchisee of such circumstances and
cooperate with Franchisee to determine any necessary adjustments to the Franchise Fee
that may be necessary.
SECTION 12. FORFEITURE OR REVOCATION OF FRANCHISE
The Franchisee's material failure to comply in any respect with any of the
provisions of this Franchise after written notice from City and a reasonable opportunity,
no less than one hundred and eighty (180) days, to cure shall be grounds for forfeiture of
this Franchise pursuant to which the City shall have the right to revoke and cancel all
franchise rights granted in this Agreement; provided, however, that Franchisee's failure
to comply with any provision of this Franchise as the result of a strike, lockout, or any
other cause beyond the reasonable control of the Franchisee (collectively, "Force
Majeure") shall not constitute grounds for the City's revocation and cancellation of any
rights hereunder. In the event Franchisee in good faith disputes the City's determination
of the Franchisee's material non-compliance with the provision(s) of this Franchise
specified in the City's notice, or the City disputes the Franchisee's assertion that its
failure to comply with the provision(s) of this Franchise was or is the result of Force
Majeure, the Franchisee and the City shall negotiate in good faith to resolve the dispute
prior to submitting the dispute to non-binding arbitration as provided below. If any
dispute remains unresolved thirty (30) days after the commencement of negotiations
pursuant to this Section, such dispute may, at the election of either Party, be submitted to
non-binding arbitration pursuant to the provisions of Section 20 of this Agreement.
Nothing in this Section 12 shall be construed as obligating a Party to negotiate or
arbitrate a renewal or extension of this Franchise.
Notwithstanding any provision to the contrary, Franchisee acknowledges that
nothing contained in this Agreement shall constitute a waiver by the City of any rights it
may possess at law (including but not limited to the power of eminent domain), or as
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afforded under Chapter 166, Florida Statutes.
SECTION 13. DESIGNATED REPRESENTATIVES
The following individuals are designated to represent the City and Franchisee
respectively on all matters concerning the Franchise. All written communication shall be
given by mail, either regular or certified with return receipt requested, to the addresses
provided, or at such other address as either Party may advise the other in writing:
For the City: City Manager
1225 Main Street
Sebastian, FL 32958
With a copy to: City Attorney
1225 Main Street
Sebastian, FL 32958
For the Franchisee: General Manager
Florida City Gas
955 East 25 Street
Hialeah, FL 32955
With a copy to: AGL Resources Inc.
Ten Peachtree Place
Atlanta, GA 30309
Attention: General Counsel
SECTION 15. NO WAIVER
Nothing in this Agreement shall be construed as a surrender or waiver by the City
of (a) its police powers or the authority to regulate the use of the public streets and/or
other public places, provided no regulation contravenes the material terms of this
Franchise, and (b) its right to sovereign immunity.
SECTION 16. RIGHT TO ENFORCE
Each Party shall have all rights and remedies available in law or in equity in the
event of a material breach of any obligation set forth in this Agreement by the other
Party.
SECTION 17. ATTORNEY FEES
Except as otherwise provided, City and Franchisee agree that if litigation or
administrative proceedings become necessary to enforce any of the obligations, terms and
conditions of this Franchise, the prevailing Party shall be entitled to recover reasonable
attorney's fees and court costs, including fees and costs on appeal, from the non -
prevailing Party. If the subject matter of the dispute was submitted to non-binding
arbitration pursuant to Section 20 below, the term "prevailing Party" in the prior sentence
shall mean the Party for whom the final judicial or administrative decision is more
favorable than the non-binding arbitration decision.
SECTION 18. ENTIRETY
This writing embodies the entire agreement and understanding between the
Parties, and there are no other agreements and understandings, oral or written, with
reference to this subject matter that are not merged and superseded.
SECTION 19. GOVERNING LAW
This Agreement shall be governed by and construed according to the laws of the
State of Florida, and venue shall be in Indian River County, Florida.
SECTION 20. NON-BINDING ARBITRATION
Either Party shall have the right to submit a dispute arising under this Agreement
to non-binding arbitration by notifying the other Party of such election in writing within
forty-five (45) days after the dispute arises. Within fifteen (15) days following the giving
of such a notice by a Party, each Party shall furnish the other Party with the name,
address and telephone number of a person designated by that Party to participate with a
person designated by the other Party in selecting an individual to act as the sole arbitrator
of the dispute. If a Party fails to designate to the other Party a person to participate in the
selection of the sole arbitrator, or if the persons so designated by the Parties fail, within
thirty (30) days following the giving of notice of the dispute by the Party invoking the
provisions of this section, to agree on a sole arbitrator of the dispute, either Party shall
have the right to apply to the Circuit Court for the 19th Judicial Circuit of the State of
Florida for the appointment of such sole arbitrator. The Parties agree that the timing of,
and rules governing the conduct of, the non-binding arbitration proceeding shall, unless
otherwise agreed, be determined by the sole arbitrator in accordance with applicable law.
Unless otherwise agreed, the place of arbitration shall be Indian River County, Florida. In
making any award, the arbitrator shall be subject to any provisions of this Franchise
which expressly limit remedies or damages. The Parties shall share equally the
compensation and expenses of the arbitrator and the expense of any hearing, and each
Party shall bear the compensation and expenses of its own counsel and other
representatives (if any). Each Party shall continue to perform its obligations under this
Franchise pending final resolution of any dispute submitted to non-binding arbitration
pursuant to this section, unless to do so would be impossible or impracticable under the
circumstances. Notwithstanding the pendency of any arbitration proceeding hereunder, a
Party, without prejudice to the above procedures, may file a judicial or administrative
complaint for statute of limitations or venue reasons, or seek a preliminary injunction or
other provisional judicial or administrative relief, if in its sole judgment, such action is
necessary to avoid irreparable damage or to preserve the status quo. Despite such action,
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the Parties will continue to participate in good faith in the non-binding arbitration
provided for above. Either Party may file judicial or administrative proceedings to obtain
a binding decision, if such Party does not agree with the arbitration decision. In such
event, Section 17 above shall apply with respect to an award of attorney's fees and court
costs.
SECTION 21: EFFECTIVE DATE
This Franchise Agreement shall become effective upon its acceptance by the
Franchisee, which acceptance must be evidenced in writing by signature of this document
within thirty (30) days of the City's passage and adoption hereof.
WHEREFORE, the Parties have caused their duly authorized representatives to
execute this Agreement on the date first written above.
ATTEST: �A
Sally A. M#, , MMC
City Clerk
Approved as to form and legality
Reliance by the City of Sebastian
Robert A. Ginsburg
City Attorney
CITY OF SEBASTIAN, FLORIDA
Joseph Griffin
City Manager
Pivotal Utility Holdings, Inc.
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HOME OF PELICAN ISLAND
OFFICE OF THE CITY MANAGER
1225 MAIN STREET — SEBASTIAN, FL 32958
PHONE 772-388-8200 -- FAX 772-581-0149
i, ri�ffinA,cityofsebastian.org -- www.cityofsebastian.org
09 October 2014
Marc S. Seagrave
Director, Regional Operations
Florida CiV Gas
955 E. 25 Street
Hialeah, FL 33013
Mr. Seagrave:
Enclosed you will find two (2) "originals" of the Franchise Agreement between
Pivotal Holdings, d/b/a Florida City Gas, and the City of Sebastian. I am
requesting that, once fully executed, that you send one of the originals to this
office for our records.
In addition, the agreement provides for a $5M liability policy and two (2) location
maps. Please provide those documents in your return mailing. There is a 07
November 2014 date for full execution of the contract.
Please let me know if I may be of further assistance.
With personal regards;
Joseph Griffin
City Manager
CITY OF SEBASTIAN
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