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HomeMy WebLinkAboutCode Master Project 1978: Chapter 411: Gas Service (No Change) (Use Original)CHAP 411 Sec. 411.01 GAS SERVICE FRANCHISE DEFINITIONS. SECTION I. DEFINITIONS For the purpose of this FRANCHISE, the following terms, phrases , words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense in- clude the future, words in the plural number include the singular number and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. Italics City is the City of Cape Canaveral , Florida. Company is the grantee of rights under this Franchise. Council is the City Council of the City of Cape Canaveral . Person is any person, firm, partnership, association, corporation, company or organization of any kind. Public Utilities Commission shall include any lawful regulatory body having jurisdiction over the subject matter of this FRANCHISE. Sec. 411.02 FRANCHISE, GRANT OF. [Ord. No. 5-66, §1, 18 JAN 1966] There is hereby granted to City Gas Company of Florida, a Florida corporation (herein called "Company") , its successors and assigns, the non-exclusive right, privilege or franchise, to construct, distribute, maintain and operate in, under, upon, over and across the present and future streets, avenues, alleys, bridges, easements, and other public places and ways of or within the present and future corporate limits of the City of Cape Canaveral , Florida, (herein called the "City") and its successors, in accordance with the established practice with respect to such construction and maintenance for a period of thirty (30) years PAGE 1 OF 17 from the date hereof, facilities for the sale and distribution of natural gas, including conduits, mains, pipes, laterals and fixtures for the purpose of supplying natural gas to the City and its successors and the inhabitants thereof and persons and corporations beyond the limitis thereof. [Ord. No. 5-66, §2, 18 JAN. 1966] Sec. 411.03 FLORIDA RAILROAD AND PUBLIC UTILITIES COMMISSION, AUTHORITY OF, AND RATES FOR FIRST THREE YEARS All authority and rights of the Company, its successors and assigns, in this FRANCHISE contained shall at all times be subject to all lawful power, authority and jurisdiction now or hereafter possessed by the Florida Railroad and Public Utilities Commission, or any other regulatory commission or tribunal having lawful juris- diction thereover, to fix, regulate and control , just, reasonable, and compensatory natural gas rates, except as excepted hereafter. The following rates shall apply for the first three years of the franchise, subject to the rights of the Company to reduce their rates: These rates shall be in effect for three years beginning with the date that natural gas is first served. RESIDENTIAL SERVICE Monthly rate: minimum monthly bill of $1 .50 per meter. First 3 therms at 50.0¢ per therm Next 7 therms at 20.0¢ per therm Next 20 therms at 18.0¢ per therm Next 30 therms at 16.0¢ per therm Next 40 therms at 14.0¢ per therm All over 100 therms at 12.0¢ per therm COMMERCIAL AND INDUSTRIAL FIRM SERVICE Monthly rate: minimum monthly bill of $3.00 per meter. First 5 therms at 40.0¢ per therm Next 12.therms at 35.0¢ per therm Next 33 therms at 22.0¢ per therm Next 50 therms at 14.0¢ per therm Next 1000 therms at 13.0¢ per therm All over 2000 therms at 8.0¢ per therm INTERRUPTIBLE INDUSTRIAL SERVICE First 8000 therms at 8.0¢ per therm Next 12000 therms at 6.0¢ per therm Next 20000 therms at 5.5¢ per therm Next 60000 therms at 5.0¢ per therm All over 100000 therms at 4.0¢ per therm Minimum monthly bill: The amount payable in accordance with the rate schedule above for the number of therms equal to the minimum daily contract quantity, multiplied by the number of days in the INTERRUPTIBLE SURPLUS GAS SERVICE First 15000 therms at 4.2¢ per therm All over 15000 therms at 3.6¢ per therm Minimum monthly bill : The amount payable in accordance with the rate schedule above for the number of therms equal to the minimum daily contract quantity multiplied by the number of days in the monthly billing period. The minimum daily contract quantity shall not be less than 150 therms. AIR CONDITIONING SERVICE Minimum monthly bill : $10.00 All therms used at 8.0¢ per therm. WATER HEATING (LARGE) SERVICE Minimum monthly bill : $10.00 First 50 therms at 20.0¢ per therm Next 50 therms at 15.0¢ per therm All over 100 therms at 8.0¢ per therm MUNICIPAL RATES Rates for schools and governmental authority shall be the inter- rup,tible industrial service as quoted above. COST OF NATURAL GAS ADJUSTMENT The above rate for natural gas supplied in any billing period shall be increased or decreased, to the nearest 0.01¢ per therm, by an amount directly proportionate to the average cost of firm gas to the Company, above or below 5.5¢ per therm, in the calendar monthly immediately preceding the commencement of such billing period. OTHER ADJUSTMENTS All bills under the above rate for gas supplied in any billing period shall be increased by their proportionate share of additional taxes, fees or assessments, with such adjustment to the rate be- coming effective on or after thirty (30) days following the effec- tive date of the aforementioned additional taxes, fees or assess- ments. [Ord. No. 5-66, §3, 18 JAN 1966] Sec. 411.04. CONSIDERATION . The above grant is made in consideration of the Company' s constructing, maintaining , and continuously operating the above facilities for the distribution and sale of natural gas to resi- dents of Cape Canaveral , Florida; as well as for the benefits and convenience to said inhabitants as a result thereof. Page 3 OF 17 00044 83 Sec. 411.05. PLANS AND SPECIFICATIONS - FILING WITH CITY. (A) The Company shall file with the City Manager, for his approval , plans and specifications for the location or relocation of all facilities. The facilities shall be so located or relocated and so erected or installed as not to obstruct or interfere with any water pipes, sewers, storm drains , or other utilities or struc- tures already installed or hereafter to be installed; and inter- fere as little as possible with traffic over said streets , avenues, alleys, bridges and public places and with reasonable egress from and ingress to abutting property, subject at all times to the law- ful police power of the City, and the Company shall not unnecess- arily or unreasonably obstruct the use of or damage any sidewalk, driveway, curb, street, alley, avenue, bridge, easement or other public place or way of the City which shall have been opened by the Company for the purpose of laying, placing or repairing its gas mains or service, and shall upon completion of such construc- tion or repair, be restored by the Company in as good condition as they were before the excavation was made as is reasonable pos- sible and maintain the restoration in an approved condition for a period of one (1 ) year. Such work shall be approved by the City Engineer. Any unreasonable obstruction of any street, alley, avenue, bridge, easement or other public place or way of the City not removed by the Company after a proper notice of ten (10) days by the City demanding removal thereof, and any such public way or place of the City not repaired by the Company after its excavation thereof, after proper notice of ten (10) days by the City demanding repair thereof, may be removed or repaired, as the case may be, by the City and the reasonable cost thereof plus ten per cent (10%) of such cost for administration and engineering expenses, shall be charged against said Company and if so charged, shall be paid by the Company and shall be collectible by the City in any lawful man- ner, and all costs and reasonable attorney's fees incurred by the City in such enforcement shall be paid by the Company. (B) In the event that at any time during the period of this franchise, the City shall elect to alter or change any street, alley, easement or other public way requiring the relocation of PAGE 4 OF 17 00045 84 the facilities of the Company, then in such event, the Company upon reasonable notice by the City, shall remove, relay and relocate its mains or service pipes, manholes and other gas fixtures at its own expense, to the satisfaction of the City. [Ord. No. 5-66, §5, 18 JAN. 1966] Sec. 411.06 PIPELINES - MANNER OF LAYING. All main pipe lines shall be laid at least two feet and all lateral pipe lines not less than eighteen inches below the established grade of said streets, avenues, alleys, easements, and other public places and ways as such grades now exist or may ereafter be established, unless otherwise specifically authorized by proper authority of the City. Under no circumstances will the Company cut paved streets or roads in order to lay pipe lines without special written approval from the City. [Ord. No. 5-66, §6, 18 JAN. 1966] Sec.411.07. MANNER OF CONSTRUCTION. All construction made under the provisions of this FRANCHISE shall be of first class material, and . all piping in the system shall be protected externally from corrosion by approved methods and materials, double wrapped bituminous, and all gas mains, service pipes, and generating plants, and/or storage tanks, shall have adequate capacity to supply the full requirements of gas, for service to the City and its inhabitants, of the proper pressure and quality required by this FRANCHISE. [Ord. No. 5-66, §7, 18 JAN. 1966] Sec. 411.08 SECTION 8. RIGHT OF CITY TO PURCHASE. The City reserves the right at and after the expiration of this grant- to purchase the property of the Company used under this grant, as provided by the laws of Florida, in force and effect at the time of PAGE 5 OF 17 00046 85 the effective. date of this Ordinance, including Section 167.22, Florida Statutes, and as a condition precedent to the taking effect of this franchise, the Company does hereby grant and give to the City the right to purchase so reserved herein. The Company shall be deemed to have given and granted such right ofpurchase by the Company' s written acceptance of this franchise ordinance which shall be filed in the office of the City Clerk as hereinafter provided. [Ord. No. 5-66, §8, 18 JAN. 1966] Sec. 411.09. EXTENSIONS OF MAINS. The Company shall promptly make such reason= able extensions of mains and service pipes as may be ordered/by the City Council. Such extensions shall be made at the cost and expense of the Company pro- vided there is an average of one additional consumer to eacn 200 feet of mains included in such extension. Where there is less than one consumer to each 200 feet of proposed extended mains, the Company will not be required to make such extension until the applicant for service along such extension shall have deposited with the Company a sum of money sufficient to cover the cost of any length of the extension in excess of the length in feet of 200 times the number of additional consumers served thereby `the sum to be deposited by 'the applicant for such extension to be subject to the approval of the City Engineer of the City as to cost. In such cases, the Company shall refund to the applicant the cost of 200 feet of main as each additional consumer is served until the en- tire amount deposited shall have been refunded. The gas mains and equipment, and all appurtenances included in such extension shall be and remain the property of the Company. [Ord. No. 5-66, §9, 18 JAN. 1966] PAGE 6 of 17 00047 86 Sec. 411.10 COMMENCEMENT OF CONSTRUCTION The Company shall commence construction of its facilities JANUARY 18, 1966 by laying main transmission loop system, as approved by the City Council, and shall be ready to supply natural gas to the inhabitants of the City within a reasonable time after the transmission company has made it available at the City rate. The aforesaid transmission company will be one that holds a certificate of public convenience and necessity from the Federal Power Commission to transport and sell natural gas in the State of Florida. [Ord. No. 5-66, §10, 18 JAN. 1966] Sec. 411.11 SCHEDULE OF RATES - FILING WITH CITY All rates and rules and regulations established by the Company from time to time shall at all times be reasonable and Company' s rates for natural gas shall at all times be subject to approval by applicable Utilities Commission and such regulations as may be provided by law. All rate changes approved by Railroad and Public Utilities Commission shall be promptly filed with the City Clerk of Cape Canaveral. [Ord. No. 5-66, §11, 18 JAN. 1966] Sec. 411.12 LIABILITY INSURANCE, That prior to the beginning of any work by the Company within the corporate limits of the City, the Company shall file with the City Clerk and shall keep in full force and effect at all times during the effective period hereof, insurance certificates evidencing a liability insurance policy or policies, the terms and conditions whereof shall be such as to provide for.the protection and indemnification of the City with respect to and all legally valid claims of any persons suffering injury, loss or damage to person or property by reason of the construction or operation of a natural gas distribution PAGE 7 OF 17 system within the corporate limits of the City. Each such insurance policy shall be subject to the acceptance and approval of the City Attorney for the City. Any primary insurance policy must be issued by a Company having a policy-holder' s surplus at least five times the amount of coverage of the policy and the Company must have a management rating in Best' s Insurance Guide of BB or better. Any excess policy used must be issued by Underwriters acceptable to the City Attorney of the City. Each such policy shall be in the minimum sum of $150, 000. 00 for injury or death to any one person, and in the minimum sum of $1, 000,000.00 for injury or death to all persons where there is more than one person involved in any one accident and in the minimum sum of $500, 000.00 for damage to property, resulting from any one accident, and each of the said minimum sums shall remain in full force and shall be undiminished during the effective period of this FRANCHISE. Every such insurance policy shall contain a provision whereby every company executing the same shall obligate itself to notify the City Clerk of Cape Canaveral, Florida, in writing, at least thirty (30) days before any alteration, modification, or cancellation of such policy is to become effective. In the event that any suit is filed or action brought against the City, either severally or jointly with the Company by any person or corporation seeking to recover damages resulting from or attributable to the operations or the existence of the Company within the City of Cape Canaveral, or arising in any manner. whatsoever . our of the operations or existence of the' Company within the City, whether due to the Company' s negligence or otherwise, the Company shall, upon written notice by the City, defend such suit or action, and, in the event any PAGE 8 OF 17 49 88 judgement therein should be rendered against the City, the Company shall promptly pay the sum together with all costs resulting therefrom. [Ord. No. 5-66, §12, 18 JAN. 1966] Sec. 411.13 COMPENSATION TO CITY. That within thirty (30) days after the first anniversary date of this grant and within thirty (30) days after each succeeding anniversary date, the Company, its successors and assigns, shall pay to the City and its successors an amount which will equal six percent (6%) of the Company' s gross revenue from the sale of natu- ral gas to residential and commercial customers within the corpor- ate limits of the City for the twelve (12) fiscal months preceding the applicable anniversary date. Provided, the amount of said payments shall, at the request of the City, be subjec to recon- sideration and negotiation at the end of each five (5) year period upon ninety (90) days notice in writing by the City to the Company. If the City and the Company are unable to amicably agree on the charges, desired by the City, the City may request that the matter be settled by arbitration; in which event, the City shall select one such arbitrator, and the Company shall select one such arbi- trator, and the two so chosen shall select a third arbitrator, and the decision of two of these arbitrators shall be binding. The minimum annual amount payable to the City regardless of the amount of gross revenue to the Company shall be as follows: $500,00 the first year, $750.00 the second year, and $1, 000.00 the third year. In the event the City requests in writing of the Company to collect a Utility Tax in any amount authorized by law the Company shall collect the said Utility Tax and rebate the said monies to the City without cost to the City. [Ord. No. 5-66, §13, 18 JAN. 1966] Sec. 411.14 FORFEITURE CAUSES FOR. Any violation by the Company, its vendee, lessee or succes- sor of the provisions of this franchise or any material portions thereof, or the failure promptly to perform any of the provisions thereof, shall be cause for the forfeiture of this franchise and all rights hereunder by the City after written notice to the Com- pany and continuation of such violation, failure or default, shall cause said franchise to become null and void. [Ord. No. 5-66, §14, 18 JAN. 1966] PAGE 9 OF 17 50 89 Sec. 411.15. MAPS SHOWING LOCATION OF MAINS - FILING WITH CITY The Company shall at all times keep an accurate map showing the location of all gas mains and service pipes laid and main- tained by the Company under the provisions of this ordinance, and the maps shall be accessible for public inspection at all times during reasonable hours. Two copies of an up-to-date map of the natural gas system shall be furnished to the City and will be revised by the Company approximately every sixty (60) days or when needed as requested by the City Engineer, with the same being done at the expense of the Company. [Ord. No. 5-66, §15, 18 JAN. 1966] Sec. 411.16. REGULATIONS FOR WORK UNDER FRANCHISE This franchise and all work that may be done hereunder shall be subject to valid, reasonable regulations, rules, laws , and ordinances as may be in force or which may hereafter be enacted or adopted for the regulation and use of the streets and highways of the City, and for the general welfare and safety of its citi- zens and the protection and safeguarding of their lives and pro- pertyr. The right is hereby reserved to the City to adopt, in addition to the provisions herein contained and existing appli- cable ordinances , such additional regulations as it shall find necessary in the exercise of the police powers provided that such regulations by ordinance or otherwise shall be reasonable, and not in conflict with the rights herein granted, and shall not be in conflict with the laws of the State of Florida. [Ord. No. 5-66, §16, 18 JAN 1966] Sec. 411.17. EMERGENCY. The Company shall have the right to use propane air through the transmission and distribution system located within the City of Cape Canaveral only in the case of emergency. [Ord. No. 5-66, §17, 18 JAN 1966] Sec. 411.18. GAS METERS, MAINTENANCE AND INSPECTION OF. (A) The Company shall , at its own cost and expense, construct, and maintain service to consumer's property line, and for the measurement of gas consumed, furnish, install and maintain gas meters which shall be of standard make, tested and sealed, and subject at all times to reasonable inspection by the City through . such officers or agents as may be designated by the City. A competent gas engineer may be employed by the City, and his duties. PAGE 10 OF 17 51 90 as well as the inspection of gas meters herein provided, may be defined by FRNCHISE, and the inspection by such gas engin- eer may be made, once a day or more often, as may be necessary or proper to ascertain the accuracy and efficiency of the gas meters and whether the heat-unit quality of the gas furnished rrerv:ici f nee to the standards provided by this FRANCHISE, and it shall be and become the duty of the Company to replace any meter in the event of its over registration of two percent (2%) or more. The gas meters shall be and remain the property of the Company, and the Company shall have the right by reasonable rules and regulations to govern the furnishing and maintenance of such gas meters. (B) The Company agrees that during the term of this franchise and any extensions thereof it will , subject to approval of the Federal and Florida Public Utilities Commissions, and where not inconsistent with the rules and regulations of said commissions, furnish to the ultimate residential consumers service lines from mains including the meter without cost to the consumers. In the event the aforesaid commissions require charges for customers service lines, the Company agrees that charges therefor will not exceed the actual cost of installation or the amount required by said commissions, whichever is lower. (C) Service Standardst. The Company shall maintain and oper- ate its plant and system and render efficient service in accor- dance with the rules and regulations as are, or may be, set forth by the Commission as provided for in §411.16 or by the Public Utilities Commission of the State of Florida. (1) Odorizing of Gas. Gas furnished to consumers under this franchise shall be of marketable quality and free from impurities except that it shall contain some element or compound with an easily detectible odor in an amount sufficient to be noticeable when the gas is released but not sufficient to be harmful to human and animal life or to interfere with combustion. (2) Heating Value. Gas sold, supplied, and delivered under this franchise shall be maintained at a monthly average of not less than 950 British Thermal Units of heat value per cubic foot. PAGE 11 OF 17 52 91 (a) Deviation. The heating value of the gas shall be maintained with as little deviation as practicable and such heating value shall never exceed or fall below the standard average heating value established hereunder by more than two percent (2%) of the standard. If the monthly average value falls below the stipulated aver- age quality by more than two percent (2%) , the Commis- sion shall have the right to penalize the Company by requiring a refund to all customers on their appropriate monthly bills proportionate to the deficiency below the standard. (b) Calorimeter Tests Required. The Company shall equip itself with a complete, standard calorimeter and shall determine the heat value of the gas at least twice each week, not on consecutive days. The tests may be made at any point within the limits of the distribution system. (c) Ascertaining Monthly Average. The monthly average heating value of the gas shall be obtained by averaging the heat value found as a result of all periodic cal- orimeter tests as provided hereunder. The Council shall have the authority to permit the Company to submit other proof of the quality of the gas, in lieu of individual tests made on the City mains , where such proof of quality is prepared for and accepted by other cities being served by the same Company on the same pipeline and from the same source of supply. (d) Change of Average Monthly Value. The Company shall have the right to designate a higher or lower minimum average than specified herein, provided approval of the Council for such change is received at least sixty (60) days before the effective date thereof. Any change, adjustment, or replacement of appliances or parts thereof made necessary by the change in the average value of the gas shall be made by the Company, at its own expense, within a reasonable time after the change becomes effective but no longer than sixty (60) days. PAGE 12 OF 17 53 92 (3) Pressure. Gas pressure, except industrial and commercial, as measured at the outlet of the Company's service to any consumer shall never be less than nine (9) inches or more than fourteen (14) inches of water column, to be determined as herein provided. (a) Stationary Gauge. The Company shall maintain a graphic recording pressure gauge at a point in the distribution system to be designated by the City as typical of average pressure. (b) Portable Gauge. The Company shall also keep and maintain a portable graphic recording gauge which shall be used on the request of the City or of any customer of the Company within the limits of the City, to test the pressure at any point in the distribution system where it connects with the service of a customer. (4) Meter Accuracy. All gas service shall be supplied through meters which shall accurately measure the amount of gas supplied to, any consumer. (a) Request for meter check. The Company shall at any time when requested by a consumer make a test of the accuracy of any gas service meter. (b) Result of meter check. If, upon test, it is found that such meter overruns to the extent of more than two percent (2%), the Company shall pay the cost of such tests and shall make a refund for overcharges col- lected since the last known date of accuracy but for not longer than six months, on the basis of the in- accuracy found to exist at the time of the tests . If, the meter is found to be accurate or slow or less than two percent (2%) fast, the customer shall pay the rea- sonable cost of such testing. (c) Compulsory Check. Every meter, whether complained of by a customer or otherwise, shall be removed from service at least once every seven years and thoroughly tested for its accuracy. Any meter found inaccurate upon any test beyond the tolerance of two percent (2%) shall not be returned to service until properly adjusted. PAGE 13 OF 17 54 93 (5) Notice of Interruption of Service for Repairs. Whenever it is necessary to shut off or interrupt service for the purpose of making repairs or installations, the Company shall do so at such time as will cause the least amount of inconvenience to its customers, and unless such repairs are unforeseen and immediately necessary, it shall give reasonable notice thereof to the consumers. [Ord. No. 5-66, §18, JAN. 1966] Sec. 411.19 RULES OF COMPANY FOR CONDUCT OF BUSINESS. The Company shall have the authority to promulgate such rules, regulations, terms and conditions governing the conduct of its business as shall be reasonable necessary to enable the Company to exercise its rights and perform its obligations under this fran- chise and to assure an uninterrupted service to each and all of its customers; pro ided, hbwever, that such rules, regulations, terms, and conditions shall not be in conflict with the provisions hereof or with the laws of the State of Florida, and shall be sub- ject to approval by the Public Utilities Commission of the State of, Florida. [Ord. No. 5-66, §19, 18 JAN 1966] Sec. 411.20 RECORDS, ACCESS OF CITY TO. The City shall have access to all of the Company's plans, contracts, and engineering, accounting, finance, statistical, customer and service records relating to the property and the operations of the Company at all reasonable hours and to all records required to be kept hereunder. The following records and reports shall be filed with the City Clerk and in the local office of the Company. (A) Calorimeter Tests. Copies of all calorimeter tests required hereunder. (B) Pressure Gauge Recordings. Stationary and portable pressure gauge recordings required hereunder. (C) Company Rules and Regulations. Copies of such rules, regulations, terms and conditions adopted by it for the conduct of its business. (D) Gross Revenue. The Company shall keep complete accounts showing dates and payments received. An annual summary re- port showing gross revenues received by the Company from its operations within the City during the preceding year and such. PAGE 14 OF 17 55 94 other information as the City shall request with respect to properties, and expenses related to the Company's service within the City. The duly authorized agent of the City shall have the right, power, and authority to inspect and audit the current records of gross revenue of the Company for any annual period at any reasonable time within three (3) years after the expiration of such annual anniversary. The gross revenue records of the Company for any annual period shall be closed to the City after three (3) years from the said annual anniversary. [Ord. No. 5-66, §20, 18 JAN 1966] Sec. 411.21 DEPOSIT OF GUARANTEE WITH CITY. As further consideration of the terms of this franchise, the Company agrees to and shall upon the final adoption of this FRANCHISE place the sum of Five Thousand ($5,000.00) Dollars in Escrow with the City. Said sum of Five Thousand ($5,000.00) Dollars shall be held in a Special Account by the City and in the event of default by the Company in failing to commence the operation of said natural gas system within one (1) year from the date of the final adoption of this FRANCHISE. all the right, title, claim and interest of the Company in and to the said sum of Five Thousand ($5,000.00) Dollars shall terminate and said sum shall be re- tained by the City as liquidated damages. Upon the Company commencing the installation of said natural gas system, within one (1) year from the date of the final adoption of this FRANCHISE, then said sum of Five Thousand ($5,000.00) shall remain in the custody and control of the City as a deposit for the sums due the City by the Company as provided for and set forth in this franchise and such sums due the City by the Company from time to time• as provided for herein shall be deducted by the City from such deposit until such deposit shall be exhausted, after which time the Company shall pay to the City all sums due the City by the Company as such sums accrue and become due and payable. [Ord. No. 5-66, §21, 18 JAN. 1966] Sec. 411.22 CUSTOMERS OUTSIDE CITY, NO LIABILITY FOR PAYMENT OF REVENUE FROM. Nothing herein shall be construed as requiring the Company to pay to the City any portion of the revenue derived from the sale of gas by the Company to customers residing outside the corporate PAGE 15 OF 17 58 95 limits of the City. However, upon the annexation of any terri- tory to the City which is not now within the corporate limits of the City, the portion of the Company's facilities that may be lo- cated within such annexed territory and upon the streets , alleys, and public ways thereof, shall thereafter be subject to all of the terms of this franchise as though it were an extension made thereunder. [Ord. No. 5-66, §22, 18 JAN 1966] Sec. 411.23. APPROVAL OF TRANSFER. The Company shall not sell or transfer its plant or system to another, nor transfer any rights under this franchise to another without Council approval . No sale or transfer shall be effective until the vendee, assignee, or lessee has filed in the office of the City Clerk an instrument, duly executed, reciting the fact of such sale, assignment or lease, accepting the terms of the franchise and agreeing to perform all the conditions thereof. [Ord. No. 5-66, §23, 18 JAN 1966] Sec. 411.24. RULES OF FEDERAL UTILITIES COMMISSION PREVAIL. In the event of any conflict between the terms of this Or- dinance and rules and regulations of the Federal and Florida Public Utilities Commissions now or hereafter in effect, the rules and regulations of such Commission shall prevail ; except that where such rules and regulations provide standards less stringent than provided for herein or hereafter adopted, and sarid standards shall continue in force and effect where permitted by said Commissions. [Ord. No. 5-66, §24, 18 JAN. 1966] Sec. 411.25: STREETS, REGULATION OF BY CITY. (A) Nothing in this FRANCHISE shall be construed as a sur- render by the City of its right or power to pass Ordinances. reg- ulating the use of its streets and other public ways. (B). Granting of this franchise shall not excuse the Company herein from paying a reasonable annual occupational license fee to the City. [Ord. No. 5-66, §25, 18 JAN. 1966] Sec. 411.26. TAXES, RIGHT OF CITY TO LEVY AND COLLECT Nothing herein shall be construed as affecting in any manner the right of the City to levy or collect taxes payable by the con- sumer for services provided by the Gas Company as now authorized PAGE 16 OF 17 57 96 or which may hereafter be authorized un the Laws of the State of Florida or the Charter of the City. [Ord. No. 5-66, §26, 18 JAN. 1966] PAGE 17 OF 17 58 97