Agenda

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Public Hearings 12.

BCC Regular Meeting

Meeting Date:	07/11/2013
Issue: 5:33 p.m. Public Hearing - Releases and Transferring Natural Gas Rights from the City of Pensacola to the City of Gulf Breeze
From:	Ryan Ross
Department:	County Attorney's Office
CAO Approval:

RECOMMENDATION:

5:33 p.m. Public Hearing concerning General Releases and transferring natural gas rights from the City of Pensacola to the City of Gulf Breeze.

Recommendation: That the Board take the following action concerning General Releases and the transfer of natural gas rights:

A. Accept and acknowledge the three executed General Releases, as follows:

1. General Release from the City of Pensacola (Santa Rosa Island);

2. General Release from the City of Pensacola (Okaloosa Gas District); and

3. General Release from the City of Gulf Breeze;

B. Conduct the 5:33 p.m. Public Hearing approving the transfer of the natural gas franchise rights from the City of Pensacola to the City of Gulf Breeze for the distribution and sale of natural gas, with respect to that portion of Santa Rosa Island in the provided Agreement for Natural Gas Franchise Assignment dated February 4, 2013; and

C. Approve the terms of the Agreement for Natural Gas Franchise Assignment between the Cities of Gulf Breeze and Pensacola.

BACKGROUND:

The Board approved scheduling this public hearing on June 10, 2013.

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:

The public hearing was advertised in the Saturday edition of the Pensacola News Journal on June 29, 2013.

PERSONNEL:

N/A

POLICY/REQUIREMENT FOR BOARD ACTION:

N/A

IMPLEMENTATION/COORDINATION:

N/A

Attachments
General Release as to City of Pensacola (Santa Rosa Island)
General Release as to City of Pensacola (Okaloosa Gas District)
General Release (City of Gulf Breeze)
Agreement for Natural Gas Franchise Agreement