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County Attorney's Report 14. 1.

BCC Regular Meeting

Action

Meeting Date:	06/10/2013
Issue: Scheduling Three Public Hearings Concerning Natural Gas Franchises
From:	Ryan Ross
Department:	County Attorney's Office
CAO Approval:

RECOMMENDATION:

Recommendation Scheduling Three Public Hearings Concerning Natural Gas Franchises

That the Board authorize the scheduling of three Public Hearings as follows:

A. Thursday, July 11, 2013, at 5:33 p.m., for consideration of transferring natural gas rights from the City of Pensacola to the City of Gulf Breeze;

B. Thursday, July 11, 2013, at 5:34 p.m., for consideration of adopting a Natural Gas Franchise Ordinance between Escambia County and the City of Gulf Breeze; and

C. Thursday, July 11, 2013, at 5:35 p.m., for consideration of adopting a Natural Gas Franchise Ordinance between Escambia County and the City of Pensacola.

BACKGROUND:

Pursuant to Chapter 57-1313, Laws of Florida, and Chapter 98, Article II, Escambia County Code of Ordinances, the Board of County Commissioners has the authority to grant franchises for the construction, operation, and maintenance of utilities, including natural gas services, in the unincorporated areas of Escambia County. Beginning in 1960, Escambia County has granted an natural gas franchise to the City of Pensacola. Based on discussions occurring over the past several years, the City of Pensacola is seeking to transfer certain franchise rights to the City of Gulf Breeze regarding natural gas services on Santa Rosa Island. Under Section 98-33(7), Escambia County Code of Ordinances, the Board of County Commissioners is required to hold a public hearing when one utility wishes to transfer or assign franchise rights to another utility. The requested public hearing is therefore necessary to secure the proposed transfer of franchise rights between the Cities of Pensacola and Gulf Breeze. The cities have also requested that the Board of County Commissioners adopt new ordinances establishing and confirming their respective franchise rights.

BUDGETARY IMPACT:

N/A

LEGAL CONSIDERATIONS/SIGN-OFF:

Both ordinances were drafted by Ryan E. Ross, Assistant County Attorney. The three public hearings will advertise in the Pensacola News Journal on Saturday, June 29, 2013.

PERSONNEL:

N/A

POLICY/REQUIREMENT FOR BOARD ACTION:

N/A

IMPLEMENTATION/COORDINATION:

N/A

Attachments
City of Pensacola Release
Santa Rosa Island Release