O#320Florida Public Utilities Company
338 Datura Street
West~Palm Beach~ Florida
March 25, 1959
City of Boynton Beach
Boynton Beach
Florida
Gentlemen:
The following infor~ation is provided in connection with
negotiation of the proposed franchise between the City of Boynton
Beach and Florida Public Utilities Company and sets forth the
Company's existing policies and intentions, should the franchise
be grouted and approved by the voters.
Definition of Residential Service
According to the Rules and Regulations of the Company on
file with the Florida Railroad and Public Utilities Corm?~ission~
residential service is defined as follows: "service to Customer
supplied for ~esidential purposes in a single family dwelling or
building, or in an individual flat or apartment in a multiple
fa~.~ily dwelling or building or portion thereof occupied as the
home, residence or sleeping place of one or more persons°
Rooming houses of less than seven(7) rooms for rent.
For co~ercial and residential use on the same premises
where the co~mercial use is less than twenty=five per
cent (25%) of total.
c. Multiple billed ~aster-metered mu±t~-fam~ y dwellingso~
Service
There is no tapping fee or charge for service or meter
installation to an average custome~. The Company will furnish the
entire installation free of ~uy charge.
Meter De~
A $10.00 meter deposit to guarantee payment of bills
for service is reo~ired from each residential customer. This
deposit is refundable when service is discontinued~ Interest is
not paid on deposits~
Page 2
City of Boynton Beach
March 2~ 19~9
Conversio~_n
The Company will supply labor and material necessary
to convert to natural gas all ranges, water heaters and space
heaters purchased for lie~id petroleum gas without charge.
Labor will be free for converting LP gas refrigerators to
natural gas and materials will be charged at our net cost,
invoice cost less all discounts plus 10% handling charges.
This will amount to approximately $4.20 per each refrigerator.
The Company will not convert any appliance considered
unsafe for operation.
Area to Receive Gas in First Phase of
The Bethesda Memorial Hospital shall be served with
natural gas within 90 days after the Company serves the first
customers in the City of Boynton Beach.
A tentative time schedule for availability of natural
gas to consumers of the City of Boynton Beach would be ~ months
after passing of the franchise ordinance and approval by the
voters assuming that natural gas is available at our Boynton
Beach city gate station on or about June l, 19~9o This time
will be required for mapping, engineering, bids, placing of
contracts and constructione This tLme schedule could be de-
layed for reasons beyond the control of the Comp~uy.
Heat Content of Gas
Natural gas will be sold by therms. A therm is equal
to 100,000 BTU. By billing in therms the customer pays for the
units of heat used regardless of the volume of gas.
Forecasts and Estimates
The Company will furnish the City of Boynton Beach
any available forecasts of sales within the city limits or
estimates of franchise taxes based on such sales, provided the
City makes written request tc an officer of the Company.
Section 8 of our__~osed franchise provides:
Within thirty (30) days after the first anniversary
date of this grant and within thirty (~0) days after each suc-
ceeding anniversary date during the existence of this grant,
the Grantee~ its successors and assigns, shall pay to the Grantor
Page 3
City of Boynton Beach
Ma~ch 25, 1959
or its successors a privilege tax equal to the sEount by which five
I5) per cent of the amount of its gross revenues (gross revenues
being the ~notuut of revenues collected less charge off for uncol-
lectible accounts and adjustments) from the sale of gas to resi-
dential customers within the corporate limits of Grantor for the
twelve calendar months preceding the applicable anniversar~y date,
shall exceed the amount of any other taxes and licenses levied or
imposed by Grantor against Grantee's property, business, revenues,
privileges, or operations for the tax year preceding the beginning
of the applicable privilege tax year.
The Florida Public Utilities Company is mow in the process
of negotiating a franchise in the City of Delray Beach. It is
mutually agreed and understood that should a higher percentage than
the one outlined in Section 8 of the proposed franchise be granted
to any city or town in Palm Beach County, the increased percentage
will apply to the City of Boynton Beach also.
Preference as to Rates
The Company intends to file rate sche~Gles with the
Florida Railroad and Public Utilities Co~mmission on or about .April
15, 1959 ~ud will request that these rates be uniform~ and applicable
to all gas consumers in Riviera Beach, West Palm Beach, PaLm Beach,
L~e Worth, Lantana~ Boynton Beach and Delray Beach if franchises
are obtained in Boynton Beach and Delray Beach. The Company does
not intend that a preference be given the consumers in any town
or city served by it with natural gas.
Service Polic~ of Comp_L~
The service policy of the Co~pany at the present time
is as follows:
a. Emergency service is available twenty~four (24) hours
a day.
b. All adjustments to appliances are made free of any
charge to the customer.
c. Consumers are billed time ~ud material for replacing
any parts on appliances, except those parts that are in
warranty and such work is done free of charge to the
CO~SLtBler~
d~ Heating equipment is lighted fre~ of charge f~om September
1st to November let each year.
Local Collection Office
The Company intends to have a local collection station
City of Boynt~on Beach
March 2~, 1959
or office in Boynton Beach for the payment of Florida Public
Utilities Comp~uy bills.
Franchise Tax Accruals
The Company will advls~ the City of Boynton Beach on
written request by the City of the total fr~uchise tax accrued for
any period.
~ermits
Section 2 of the proposed franchise covers cutting and
repairing pavement ~nd the Company will comply with this provision~
Per, mits will be obtained in accordance with any City 0rdinance.
M_~aos of Facilities
The Company will make available, to the City of Boynton
Beach, its maps of facilities located within the City limits upon
request~
Tours very truly,
FLORIDA PUBLIC UTILITIES C0~{PAN¥
By S/S J. K~ Roberts
K. Roberts, ~iCe President
E. J. Dog, ney, ~ssistaut Secre-
tary
CITY COUNCI~ OF ~O~TON ~E~CH SZLD IN CITY H~LL~
FIRST READING, MR. FRUDA ADVISED THE COUNCIL THAT
NEW SYSTEH OF NUMBERING ORDiNaNCES HAD BEEN
T~BLIS~qED SUBJECT TO THE APPROVAL OF THE CO[;NCIL~ WHICH
WOULD UTILIZE THE YEAR .4ND THE NUMBER OF THE ORDINANCE
PASSED iN THE RESPECTIVE YE.4R.
THIS ORDIN.4NCE WO[ILD BE ~59-1',
USING THIS AS .4 B~SiS
o,~¥ ZONI~¢ LOTS ? TO 12 INC~SI~Z, R. So ME~RrTT SUB.
~IV. ~R. M~DSEN MOVED IT BE .4PPROVED ON FIRST RE~DING,
~R. ~AU~HMAN SECONDED THE MOTION WHICH PASSED UNANIHOUSLY.
NOTICE OF R~ERENDUN ELECTION
BY
PROCLAMATION OF THE MAYOR
Notice is hereby given that at a special election to be held
on the 26th day of May, A.D. 1959, there shall be submitted the
question of whether or not a thirty-year franchise shall' be
gray. ted to the Florida Public l~ilities Company for the purpose
of installing a natural gas distribution system in the said City
of Boynton Beach, Florida, in compliance with Section 29 of the
Charter of the City of Boynton Beach, Florida, a~d in accordance
with the following Ordinance:
(COPY ORDINANCE ~320)
For said election only one voting place has been desig-
n~.~ea ........ au ' ~nez~.!e 3oare PavilioneoPneP .... of "u~e~n .... Ave-
hue ane S E %Oh S%reeS~ in ~he ~ ..... BoynSon Beach~ Plorida~
and 'one voting.~_~h"'q~°o ape isetween 2:00 2.k.N~} an~ 7;00 .P.P~ ~ on ssi
date.
~&t said eiection~ only those electors who are ouaiified
e_~c~oro in said City el' ~`
soynvon Beach~ ]JJ_OFiea~ aS rna
said elecSion as now erovide& by law shall be permiS~ea So vo~e
in said election. !f a ma~oriS~ of %he ~o~ers in said e!ecSion
vote for the adoetion of ~:: a~ ~. ~
saza Ordinance~ vhen such u~d~n~.nce shal
become effective or otherwise it shall not~ The result of said
e].=~+i~'~ skal! be duly certified to the Cisy Council
rUOl!Sn:
April 30, 9~9
May 7~ !9~9
Ronatd J~ Fruda
~ity A~torney
12~ N~' E~ 2nd Ave,
Boynton~Beach, FloPida
0RDIN~CE #320
AN ORDINANCE OF T[~; CZ%%? COUNC,~ OF THE C~[%f OF
~OYNTON BEACH ~ ~N PY~M BEACH COUNTY~ FLORffDA~
G~TING TO ~ORZDA PUBLIC [~ILITI~ CO~ANmf~
ITS SPCCESSOFJS ~I~D ASSiGNS~ A GAS F~ANCHISE
~D ~POSiNG PROVISIONS AND CONDITIONS ~f~fTI~
~0.
BE IT~ A~D IT IS H~%EBY ORDAINED B'Y THE CI%f C~J~-~CIL OF
CITY OF BO~N BEAOH~ ]~ P~J2~ ~ACH CO(~Y~ FLORIDA~
Section i~ The CITY OF ~TO~ B~CH~ ~ P.~U~ BEACH COU~TM,,
FLOR~A (here~ 8omet~es c~led the ~Gn~ntsr~) hez~ gr~uts to
~0RIDA PUBLIC UT~IT~S COMR&MY~ a Florida Cor~ration~ (her~
the ~Gr~te~)~ its successors and assi~ for the term of thi~oy
year~ b~nn~ t~y (~0) ~%ys after th~ date of the f~al ~s~ag~
th~ 0~in~c~ tha right~ privilege and autho~~ or ffranchi~e t~o
constr~ct or othez~se acquire and to ~n~ ma~ata~ m~uip and operat,~
pl~ts and work~, and a~ nece~a~ or desi~ble fac~ities aopurt~ant
th~to~ for the ~m~se~ transmis~ ~cn~ dist~h~tion and sal~ of 'natur~[~
gas~ which te~ ~natur~ ga~¢~ ~haLt mea~ and in~ud~ o!.ther natu~ml gas
m~d a~ deliwer~d to Gr~utee or a~v mi~%u~ of such natu~ ga~
a~ific~ gas or ~dth liquefied petrolem~ gas or wd~th both (h~r~in
~fe~d to gmaera~y as ~ga~)~ ~clu~ng the right without
~ Gr~t~e off ~uy taw assessment or charg~ therefor %o const~act~ lay~
extaad~ ma~'ta~ ~nsw~ ~mov~ r~aca~ r~ir~ us~ ~d operate gas
pi~s and gas ~s~ and all appu~n~c~:s and apo~ndag~ thereto~
~der or acro~s t~'~ p~nt and fu%ur~ F~blic ~tr~sts~ avenue~
alls~ higb. way~ bri~s~ ease~n%~ and oth~r F~blic places w~bhLu
p~s~nt or ~y lutur~ corporate 1D~its of the ~
for the pur~se of distzibuting~ supp2.yLug and seelig gas %o
its 8uccesso~;¢ and to persons az¢. ,* ~
~o~.~.~ons i~mbitants thereoi~,
well as to ~ons or co~o:~tions beyond the present or fuJ;.m~ oorporat~
i i~ts thereof¢ but noth~g heze~ contained sb~li relieve Gr~ztee
meeting a~l ~quirements of %ne City building cede a~'~d rsyment of ~ny
licenses or ad vaierem
said streets~ avenues~ atleys~ highways~ bridge~ easements and other
public places~ and to Luterfere as littl~ a~ ~ssibl~ with reaso~bl~
~gress from and ingress to abuttLug prope~y~ The lcoati~ or ~location
of a~ fac~ities shall b. ~de ~uder the su~ision and ~th th~
a~val of such representatives as the ~vern~g bo~ of Gr~tor ~y
desi~at~ for t~ ~urpos~ but not so as un~aso~b~z to ~terfe~ with
the p~per o~ration of Gr~te~'s faculties and s~rvice: %'~n ~y
potion of a ~t~t is ~xcavat~d ~ Grante~ in the location or r~location
of a~ of its faculties th~ ~ion of th~ st~et so excavated sh~
~rit~u a reasonable time and as ~ar]~ as practicabl~ after such sxca%~tlon~
b~ ~placed ~ th~ Gr~tee at its ~nse and Lu as good condition as it
was at the time of s~h excavation4 and~ ~ addition~ such ~rk ~a~ ~
done o~y ~ the marker ~ud Dursu~% to th~ ~g~ati~s~ if an~ e~tabli~hed
by the ~~ces of th~ G~nto~o
Section 3o Subject to th~ D~visi~s hereof Grantee sh~l at
~l t~s du~ng the te~ of this franchise p~mptiy ~d ~thout
discr~ina~ion funalSh ~ adeq~te sup~y of gas of st~dard ~a~ity ~d
at a ~asonab~ ~nifo~ and adequate p~su~ ~ b~ toaSt, ned on Gr~te~
system~ to O~cor and its muccessors~ and to persians a~nd co.option
i~bitgnts the~of ,~o ~quest 5he same and who agre~ to abide by Gr~tee~
~a~nable ~es ~nd r~g~ations~ ~d sh~l acquire~ construct~ ~ta~
equip arid op~rat~ all necessa~~ pl~t~ '~orks and i%cilities for the
pur~ trmumnission~ mupply~ ~ ~ha~ng~ distzibution ~d $~ of
gas for t~ ben~fit and conve~enc~ of Gr~]tor and its ~habi~nts~ and
sh~ m~ks p~mptly ~uch ~en~ion~ tc ~~g facilities as ~ be
req~d ~f one or mo~ custo~ers~ or prospectiv~ customers~ p~vided
tDat if th~ revenues to b~ d~riv~d f~m such extensions sh~l no% afford
~ fair and reasons, hie return on the cost of p~vi~ng ~nd render~g th~
r~quire8 se~ice~ then Grmutee sh~ be ~itt~d to~ and is he~y
authorized to ~ot f~m such customer~ or cum~omers~ such r~asonabl~
cash adv~c~s~ contributions~ m~nimu~ gaar~ntses~ s~ice ~arant~es or
other arr~ngement~ as w~! ~nabie Gr~'~te~ to ea~ ~ fair and reasonable
retu~ on the cost of providing and ~nder~g the ~quired $~ics~
Section 4. Gran%e~s rates for gas sh~l at ~l t~es be subjsc~
~o such ?egal~giens as may b~ ?~vided ~y law~ Gr~ee shgl not be ~ntibled
go cla~ ap~ v~us on acco~n% of this franchis~ ~ t~ v~ue of Gr~%ee~
property or rate
Section 5o Subject to the consu~r~s ~en~ent~ Grante~ shall
~ave the ri~t to ~st~l ~ud m~.ntain on th~ pre~is~s of ~ach of its
cust~ers ~ters for measuring gas sold and deliv~d and sh~ have
the r~ht of ingress ~d egress %o ~he premises of each con.met free
of ohaz~e~ fr~n rise to t~m$~ for th~ puz~ose of rsading~ ~ir~g~
test~g and ~taLuL~ Gr~tee~ ~ters a~ appurtenances. Such
~d app~t~n~ces sh~t at all 'b~es ~main the prope~y of Gr~tee~ a~d
sh~l b~ ~ovabls by Grantee a~ any t~%e~ ~y law.f~.
S~ction 6o Gr~te~ shall have the ri~t to adoD% ~d ~forcs
reasonabl~ ~les and re~ation~ with r~spect to t~ e~ension~ ~itiation
~ud ~nd~r~g of gas servic~ including ~l~s prowling for th~ discon=
tint~nc~ of sera. ice bo a~~ customer on account of non=pa~ent of bi~s
when du~ or u~on failure to c~aoly with t~ Gr~nt~e~ other ~asonabl~
r~es and reg~tion~
Section 7~ G~utee shall inde~ii~ and ~ave and ke~p Gr~utor
habeas from ~ny and ~l liability by reason of d~age or ~ju~ to
~rson or pro~rty wtatso~v~r on acco~mt of th~ negligees of Gr.%tee
the Lust~lation~ ma~te~,nce~ and operation of its facilities~ ~rovided
G~ntor shall p~mptly ~% each cass notify Grant~e ~ writ~g of any claim
against Gr~tor on accouut thereof~ and sh~l affo3,~rl Grates opportunity
5o defend the
Section 8o Within thirty <30) days a~er the first
~t~ of this grant and ~thin 5~i~,y (30) days after ~ach succeedLng
a~lver~a~ dat~ durLng the ~st~nce of ~hi~ grant~ the Gr~te~ it~
~ucc~smors and assi~s~ shall ~y to ~h~ Grantor or its ~uccsssors a
O~v~eg~ tax equ~ to the ~mount by which five {5> per c~nt ~ the
of its gross revenues (gros~ ~venues baing the ~cun% of rev~uss collected
l~ss charg~ off for uncollectible acco~s ~d adjvstments) from t~
of gas to r~sidential custom, rs '~ith~ th~ ccrF~orat~ limits of Grantor for
the twelve calendar months preced~g the ap~ioable armiv~r~ar{f date~ shall
~xceed th~ amount of any other t~xss or iic~ns~ lsvied or ~posed by
Gr~utor against Grso~tee's p~per~y~ busin~s~ ~v~ns~s~ priv~ege~.~ or
o~ratic~s for the t~ year prsced~,~g 'th~ b~g~mi~g of th~ ap~.icable
p~ri~lege ~ax year o
Section 9o Grantee '~ its acceptance hereof agrees to obssrve~
perfozm~ and keep ell of the agreements~ m~dertaklngs ~ad conditions hereof
%o be obse~d~ performed ~nd ~pt by
$~tion lO~a~ Fa~ure on the ~ of ~r~mtee to comply ~ any
substantial rs~pect ~ith a~y of the p~visions of this ordLu~ce~ shall
be gro~ds for a forfeiture of this grant~ but no such forfei%u~ sha~
take effect if the reasona'Sieness or propriety thereof is p~tested by
Grantee ~%~ a con~ of com~%ent jurisdiction (~th ~ght of appeal in
either ~zcy) sh~l have fo~d that Grmutee ~s failed to comply
substant~tt respec% with any of the provisions of this franchise~ and
the Grantee shall aave six (6) months after the f.~al detez~inabion
the questlon~ to make good the default before a forfeiture sha2g
with the right in Grantor at its diser~ion to gr~t such additional time
to Grantee for eomalianee as ne0essities f~ the c~se require~
Secti~ 10~b~. ~ any case where there ~:~s interz~ption or
~paiz~'nent of ser~ice~ or fa~ure of supply of ga~ or pr~ssure~ Grantee
sha~ promptly ~medy such condition~ No ~te~ption or d~in~enb of
service or failure of ~upply of gas or pressure ~- reason of fo:~e
majeure~ strike~ breakdo~ accident or other cause or happen~g bej~md
%he cozttrol of Gr~t'~e sheJ~l con,ti%ute a breach of this ordnance nor
subject the Grantee to liab~ity for ~mages~ p~vided t~t such
~ter~g~¢ion~ or ~npai~ent of semite or faLiure of supply of gas or
pressure by reason of force majeure~ strike~ breakdown~ accident~
other cause or hap~ning shall be remedied promptiyo
Section ilo Notwithstan~Lng Grm~tee ~s acceptance of this
~.an,~ee sh~l ~ ~der no~b~ga~zon+~ to beg~ the const~action
of 22s piant~ work~ mud other facilities for th~ purchase~ tran~mimsion~
distribution and sal~ of gas here~uder until s~c2 tim~ as natur~! ga~
available Jfor pu~has~ by G~t~t~e a~ such po~mt of delive~y~ at ~uch pric~
or pric~s and in such-qumutities as Grantsa~ shall ~ its sole discretion
d~m satisfact~o~/ and appzovao Gr~t~ agrees to sta~ construction
pi~ut~ works and ~cilities ~,~thf~u thre~ (3) months from ~uch date
n~turai gas is available a~ hsretofore stated~ and to p~secun~ said
insta~ation ~_th~a~ possibl~ ~P~ed as the d~mand ~quire~o U~ess
Grantee shall notify Grantor Lu writing by Dec~o~r ~ 1959 that
n~)ural gas is ava~abl~ to Grante~ as aforesaid~ the franct~s~
Grantor and Grantee ~ ~ ~i~ased from a~ ~ ~ +'
of i~s plant~ work~ and facilities '~ th~ event r~tural gas ~ha]J~ at
t~ cease to be availabl~ for distribution and sal~ hare~ander a~ aForesaid~
Section 12o In consid~rat[on of G~tee~s ~d~.akLng~ hers~der
a~ evidsnced ~ its accep~c~ hereoF~ the Grantor ag~ nob to engage
in t~e hush, ese of distributing and ~e~g gas dur~g the life of thi~
franchise or ~y extenzion thereof in co~etitiou wibh the G~utee~
successors and
the e~iratimn or te~ation of %his gr~ut to purchases the prope~y
Gr~tee used ~der this grant~ as p~vide~ by the l~s of Fto~dda~ in
offset at the t~e of Grab%eels acceptan~:~ hereof~ Cuclud~g Section
167o22 of the Florida Statut~s~ 19~ and a~ a condition precedent to
the t~ing effect of t~s grant~ G~z~e s~l gi%~ and grant to the
Grantor the right to purchase so res~r~ed~ Gr~e sb~ll b~ de~med
have given and granted. ~uch right of pu~hase by its accept~nc~
which ~ha~ b~ f~d with the Gr~tor~ Cle~ withiu thi~y (30) days
after tbs fin~ pa~sag~ of this
Section l~+~ ~! of the te~s~ provisions and condition~
hereof shall, inu~ to add b~ bin~ng uoon the ~p~ct2v~ successors
as~i~s of the G~antor and the
at a ~ferend~ ale, orion %o be o~!ed sa6 held in aaoo'?daac~ w~%h %h~
provisions cf the Char%~~ of tbs City of Bo)~%on [~cn for hoidLug bona
eiec%i on~s ~
City o~ ~o~%on B~ac, h~ th~% pollen of tba faci~ties and o~ra%ions
of the grantee of %~s francnis~ 2ocate~ ~'~i'6~ the
territory oP upon the pubic 8%reets~ aJJ~.eya oP public spaoes ther~
of~ $~.~ ti%ereafter be subject ~o all of the term8
&s f~ly &s though t~s gr~n~ &nd franc~%se were eX~:~ss~
tended to such ~ue~ed territory~