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OR BK 39e5 PG .1G.17 .
<br /> 2 of
<br /> or in such territory as may hereafter be added to, consolidated or annexed to the City.
<br /> SECTION 2: Grant:
<br /> There is hereby granted to PEOPLES GAS SYSTEM, A DIVISION OF
<br /> TAMPA ELECTRIC COMPANY, its successors and assigns a non-exclusive right to
<br /> erect,install, extended, maintain, and operate a system of works, pipes, pipelines, and all
<br /> necessary apparatus, machinery, structures, and appurtenances in, on, and under the
<br /> streets, alleys, avenues, easements, and other public ways and places in the City of
<br /> Zephyrhills, Pasco County, Florida, as its now constituted and as it may hereafter be
<br /> added to or extended, for the purpose of transporting, distributing, and selling natural
<br /> gas, manufactured gas, propane/air mixed gas and/or commingled gas which is
<br /> distributed through pipes to said City, its inhabitants, and the public generally for
<br /> domestic, commercial, and industrial uses, and for any and all other purposes for which
<br /> gas, during the period of this grant, may be used with the right to enter upon the streets,
<br /> alleys, avenues, easements and other public ways, places, and grounds of said City for
<br /> the purpose of removing and repairing said works, pipes, pipelines, and all necessary
<br /> apparatus, machinery, structure or structures, and appurtenances upon application to the
<br /> Grantor for the appropriate permits. This grant shall not apply to the distribution or sale
<br /> of liquid propane through means other than a pipeline, nor shall this grant apply to the
<br /> sale or distribution of fuels other than natural gas, manufactured gas, propane/air mixed
<br /> gas and/or commingled gas.
<br /> SECTION 3: Term of Franchise
<br /> Except as otherwise provided herein,the Franchise and rights herein granted shall
<br /> take effect and be in force from and after the final passage hereof, as required by law and
<br /> upon the filing of an acceptance by Grantee of all the terms thereof with the Grantor and
<br /> shall continue in force and effect for a term of thirty(3 0)years after the effective date of
<br /> this Franchise ordinance.
<br /> SECTION 4: Assignment
<br /> No sale, assignment, or transfer of the rights granted hereby except to an affiliate
<br /> or successor of Grantee shall be effective unless the Grantee shall have filed written
<br /> notice thereof with the City Clerk at least sixty(60) days prior to the scheduled date of
<br /> such sale, assignment, or transfer, and unless, subsequent to the filing of such notice, the
<br /> Council shall have by Ordinance approved and consented to such sale, assignment, or
<br /> transfer, such approval and consent not to he unreasonably withheld; provided, however,
<br /> that any sale, assignment, or transfer decreed by a court of competent jurisdiction in any
<br /> receivership or bankruptcy proceeding shall not be governed by the provisions of this
<br /> Section. Notwithstanding this foregoing, the Grantee may lease, assign or otherwise
<br /> alienate and transfer this Franchise in connection with the lease or sale of the gas
<br /> distribution system or upon the Grantee's merger and consolidation with any other entity
<br /> engaged in the utility business, or pledge or mortgage such Franchise in connection with
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