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Home My WebLink AboutCHAPTER #135 'AN ORDINANCE GRANTiN~ TO ~ORIDA POWER & ~GHT COMPAq, I~ SUC~O~ AND AS~IGN~ TRIC F~NCHIS~ AND IMPOSING PROVISIONS AND CONDITIONS RELATING THERETO: Section L '~hat ~ere is here~y grnnted to Florida Power & Light Compnny (here~ ~lled t~e ~Gr~teeW)~ signs, the non~xdus~ve rlgh~ privilege or franchise to const~c~ maint~,nnd operate ~, un,er, upq~ over and ncro~s the present nnd f~ ture ztreet~, alleys, br~dge~ easements and other publle place~ of the..~ .... .of ~~ __~orlda, (here~ "Grnntore) and its zucccsso~ fn accordance with e~tabllshed practice with respect to electrlcd con~t~ction nad maln~nnnce, for the pcr~od of ~ir~ yeats from the d~te of ncceptnnce ~e~eof, electro light and power facilities (in~udin~ conduit~ po]~ wires nnd Ir~n~ mlzs~on lines, and. for its own use. telephone and telegraph lines) for the purpose of nupolylng eleclr~ci~ to Grantor. nnd ~ ~uccessor& the inhnbltnn~ ~ereof. and persons nnd corporations beyond the ]imlts thereof. ~ection IL That Grantor hereby rose.es the right nt nnd niter the expiration of thin grant to pur~nze ihs oropc~y of Grnnt~ used under this ~n~ az provided by the Laws of ~orld~ ~ effect at the time of Grantee+s acceptance hereof, ~dud~g ~c~on 167~ of the ~orlda,S~tutes of 1949, nnd ns n condi.~on precedent to ~e tnk~g effect of this gr~ Grnntee shall give ~nd g~nt to Ihe ~rnnlor the r~ht to purchn~ ~ rese~e~ Grantee shah be deemed to have given and g~nted ~ch right of purchn~ by f~ acceplance hereof. which shall be flied wi~ the Grnntor'~ clerk width ~ (30) days after this ordlnnnce ~e~ effecL ' ' Section II~ ~at ~e facHitles s~ ~ ~ located or relocated nnd so erected ~ to'interfere as lhile ns possible wi~ ~nffle ov~ zn[d-zlree~ alleys, bridges ~d public plnce~ and with rensonnMe egress from and ingress to abutting properS. The ~o~tlon or relocation of all facilitles S~H be made ~nder ~e supe~ision and with ~e approval Of snch.represen~tives as ~e gove~g body'of Grnntor may designate for ~e purpose, but not so ns unreasonably to interfere wi~ ~e Proper 0pe~tion of Grnntee~n facilitle* nnd any portion of a street i~ excavated by Grantee in ~e location or ~]ocntlon of ~y of i~ fneHi~e~ ~e po~on of ~e s~t zo ~vated ~hal~ witch a reasonable ~me and as early as practicable after such ~vntio~ ~ replac~d by ~e Gra~e at its :ex~nse nnd in as good . Section ~.' ~at Grantor shah in no way be liable or respomlble for ~y nceldent or dzmn~e ~at may o~u~ ~ ~e eonz~c~on, operation or malntenanee by Grantee of its facilities hereunder, ~d the acceptance of ~[s ordlnanee shall be deemed nn a~ment on the part of Grantee. to inde~ffy Grantor and hold it har~ezs ngalnst ~y ~d ~ llnbHi~, los~ 'cos~ damage or ~n~ w~ ~y to Grantor by reason of the ne~lec~ defa~ or misconduct of Grates ~n ~e 'constructio~ operation or mnlntenance hereunder. .. : ". '. ~ction ~. ~at ~1 rates nnd ~es nnd regulations establls~d by Grantee from tlme to llme shah at ~ t~e~ be rea~nnb]e Grantee*s rates for electricity sh~l nt nH ~mes be s~ject to ~uch reg~ntlon as may be provided by law. Section VL That width thi~ days niter ~e first nnn~ve~ date of ~is g~nt nnd wlt~ thirty days niter nlversn~ date of thi~ ~rant. the ~rnntee, i~ successors nnd assigns, shah pay to ~e ~rantor ~d i~ successors ~~~ added tbs ~mount of all ~xez, Hcen~~ imposl~om levied or imposed by ~e G~ntor upon Ihe Grant~ properS, busine~ or ope~tlons, and ~ose of G~ntee'~ubsldlaries for ~e precedln[ ~x year, ~H ·equal 6% of Grantee~ revenues from electrical ener~ to residential nnd commerclnl customers within the corporate ]iml~ of the Grzntor for Ihs twelve fJ~ m0n~s pre.- lng · e nppllcn~le annlversary'dnt~ " Section '~ As a f~r~er consideration of thls franc~ said Grantor agrees not to en~age ~ '~e business of d~u~g nnd scllln~ electrlciO dur~X the life of ~i~ franc~i~ or ~y ~tenslon ~ereof in eom~tion wi~ ~e 'Gr~te~ i~ su~e~o~ and nssi~ Sec~on ~ That' fnilu~ 0n ~e pn~ of Grantee to comply ~ ~y substnnti~ respect W~ nay of ~o provisions of ~s'ordlnanc~ shall be grounds.for a forfeiture of this gr~ but no such forfeiture ~h~ take effect ~ ~e -reasonableness or 'prop~e~ ~ereof is pr~ tented by Grnntee until a court of competent jurlsdic~on (wi~ ri~t of ap~ ~ eider p~rty) shall,have fo~d ~at Grnn~e has fail~d to comply in a nubstnnt~nl respect with any of ~e provisions of t~e fr~ and ~e Grates ~hnJl have s~ (6) mon~ after ~e final determlnntion of ~e questlo~ i0 make good ~e defn~t before a forfeits shall r~ult wi~ ~e right ~ ·Grantor a't i~ discretion to ~t ouch ndditlon~ time to G~ntee for comoliance ns neceselt~e~ ~ ~e ca~ ~ ~ction ~ ~is ordinance shall take effect ~ ~0~~ ~ ~hO ~~OHfl,Of ~e ~ctlon ~ That all 'or~na~ces Sad parts o[ ordinances ~ co,filet he~wi~ Be ~ ~e ~mc are ~ercby re~e~ ' PASS'ED AND ADOPTED ~Jerk The foregoin~ Ordinance approved on t~e Revised September, 1951. AND ¢~#DI~'iO~ ~EL~TI~G ~hETO~ Sectl~n I. That the:re is hereb~ granted to Florida Po~er & Light non-exclusive right, privilege or franchise to construct, maintain and operate in~ under, upon, over and across the present and future streets, s. lleys, bridges, easements and other public place~ of the CITY of. ~A~I~ Florida, (herein called the 'Grantor~) ~nd its ' succea:~ors, in accordance ~ith esta~lished practice with respect to electrical construction and m~lntenance, for the period of thirt~ y~ars from the date of acceptance hereof, electric light ~na po~er facilities (tncludin~ conduits, poles, ~irss and transmission lines, ~nd, for its own use~ telephone and telegraph linsI) for the purpose of susplying electricity to Grantor, and its successors, the inhabitants thereof, and p~rsons and corporations Beyond the limits thereof. Section II. That Grantor hereby reserves the right at and after the expiration o1' this grant to purchase the property of Grantee used under thi~ grant, as provided by the Laws of Florida, in effect at the time ,f Grantee's acceptance hereof, including Section 167.22 of the Florida St~.tutes 19~1, and as a condition precedent %o the taking effect of this grant, Grantee shall give and grant to t~e'Grantor the right ~o purchase so reserved. Grantee shall be deemed to have given and granted such right of purchase by its acceptance 2e~eof; ~hich shall be filed ~ith the Grantor~s clerk ~ithin thirty ()0) d~Ys after %his ordinance takes effect. '. Section ~II. That the facilities shall be so located or relocated and ~o erected as 'to interfere as little as ~osslble with traffic over said streets, alleys, bridges and public places, and ~lth r~asonable egress from ~nd ingress to abutting property. The. location ~r relocation of all facilities s~ll be mace under the ~.upervisio~ and with the approval of ~uch representatives as the governing body of Grantor may designate for th~ ~urpose, but not so aS unreasonably to interfere ~ith t~e pro, er operation of Grantee's facilities ~nd service. That ~hen any portion of a street is excavated by Grantee in the location or relocation of any' of its facilities, the portion of the street ~o excavated shall, within ~ reasonable time and a~ early as practicable after much excavstioa, 'be replaced by the Grantee at its expense and in ~s good condition as it was at the time of ~uch excavation. Section IN. That Grentor ~hall in no way be liable or responsible for ~.ay accident ~r dalage th~.t m~y occur in the construction, operation er iaintenanee by Grantee of its f~cilities hereunder, and the acceptance of this ordinamce shall be deemed an agreement om the part of Grantee, to indeinify Grantor s.~d hold it harmles~ against.any and all liability, loss, cost, daiage or expense, ~'hich Iay accrue to Gramtor b2 reason of the neglect, default, o~ Iisconduc% of Grantee in the construction, operation or maintenance of its facilities he~eunder. Section V. That all rates and rules end regulations established by Grantee from time to time shall at all tl~es be reasonable ,nd Grantee's ratez for ~lec%ri¢i%y s~li ~t all ti~e~ aS may be provided by Section TI. That within thirty days after the first anniversary d~te of this gram% and within thirty days after each succeedin~ niversary d~.te of this grant, the Grantee, its successors and assigns, shall pay to the Granter smd its successors an s. mount which added to the amount of' all taxeS~..~A.~enae$, and other impo~itions levied or iIposed 'by the Grantor 'mpon the Grantee~ property, business, or opera- %ions, and those of Grantee's subsidiaries for the preceding tax year, will equal 6% of Grantee~ revenues frei the sale of electrical energy to residential and coImercial cuIt~iers ~ithin the corporate limits of the Grantor for the t~elve fiscal mom%ha preceding the applicable an- niversary' date. - 2 - Section ¥Ii. A, a further consideratio~ of this franchise, said ~rantor agree~ not to engage iR the business o~ distributing amd sellin~ electricity during the life of this franchi~e or any extension thereof in competition ~ith the Grantee, itm successors and assigns. Section ~lII. That failure e~ the p~rt ~f Gramtee to comply ia any substantial respect with any of ~he provision~ ,f this ordinance, shall be grotuads for s. forfeiture of this grant, but no ~uch forfeiture shall take effect if the reasenablemess or ~ro;riety thereof iS pro- teste~ by drantee until a court ,f competent jmrisdlctioa (with right ef ~ppeal in either party)shall have feumd th,t Grantee ham to comply ia ~ ~ubztantial rezpect ~i%h a~y ~£ %he provisions of frenchise, ~nd the Grantee shall have six (6) months after the final determination of the qmestion, to sake good the default before a forfeiture shall result with the right in Gr~n%~r mt its discretion t~ grs. nt such additional time to Gramtee for compliance as in the case require. Section iX. This ordinance shall take effect December 8,195Z. Section I. That all ordimancesa:md parts of ordinamces in comfl~e% herewith be and %Se same are ~ereby repeaie~. PASSED A~D ADOPTED this .i.: .C .Pet e~son Clerk 8t~ day of December : , 19 52 . The fore~oim~ Ordinance approved on the $1gned. J 8th ,~day of December , 1~ 52 . A. G. Shaff er Geor_e,S~eat,tgw;. , .... .. . Title Cha$~nan of Council C .~.. Oembler Adolf gllin~,.en_ . , _ John Nash Title Councilmen . ACCEPTANCE OF CITY OF SEBASTIAN ELECTRIC FRANCHISE_ORDINANCE NO. ~5 January 8, 1953 City of Sebastian Sebastian, Florida The Florida Power & Light Company does hereby accept Ordinance No. 135, it being: "AN ORDINANCE GRAinING TO FLORIDA POWER & LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC FRANCHISE, ~ND IMPOSING PRO- VISIONS AND CONDITIONS RELATING THERETO". This instrument is filed with the City Clerk of the City of Sebastian, Florida, in accordance with the provisions of Section II of said Ordinance. I hereby acknowledge receipt of the above Acceptance by the Florida Power & Light Company of Ordinance No. 135, it being: "AN ORDINAWCE GRANTING TO FLORIDA POWER & LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC FRANCHISE, ~D IMPOSING PRO- VISIONS AND CONDITIONS RFLATING THERETO", .._---.-' 2 and certify that I have filed the same for record in thc''perm~n~ files and records of the City of Sebastian, Florida, this /~~---~ day of January, 1953. City Clerk '~ FLORIDA POWER & I"IGHT COMPANY' INTEi'q.OFFICar COR FI [~4'"ON DIENCE; 1/r. L.' E. Berrey, Jr., Coral. Mgr. -ML Accounting Department City of Sebastian LCICA ¥1ON DA TiE C OPll[i TO Miami, Florida February 6,1976 Hr.. L. B. Clanton Mr. L. C. Hunter Documentary Files , The attached check in the amount of $ 18,277.78 ia to be delivered to the City of Sebastian on or before F~bruary 11 ~ 19 76 :, to cover payment in accordance with Franchise Requirements on the anniversary date of January 12 19 76 . In 1975 the City received $ 13~509.42. .. - ' Two copies of the statement reflecting the ca/culation of this pa~msn~ · re enclosed, one for.the Municipality and one for your files.. W~Brunetti Assistant ComptroLler' Enclb~ures (Check) COUItTESY WlW$ FRIEHD$ ,:.Fo~ FLORIDA.J. FON YOUR COMPANY...FOR VOUl HUNIClPALITY-' CITY 0¥ SEBASTIAN ORDINANCE NO,: 135 FRANCHISE EFFECTIVE DATE: JAI~UAR¥ 12, 1953 Taxes, licenses and other impositions paid ~n Additional Paymant herewith Total - 6% of Franchise Revenues (see below) $ 882.75 18,277.78_ $19,160.53 Year }/on th Re s tde~ ia 1 1975 1975 1975 1975 .1975 1975 1975 1975 1975 1975 1975 1975 Totals January Februar~ Apr~l ltay June July " August September October November December $ 14,741.15 13,750..60 13,419.89 13,296.87 14,391~45 19,242,86 20,782.54 20,945.58 21,176.62 19,473.32 15,802.56 15,487.77 $202,511.21 ELECTRIC REVENUES Commercial $ 7,504.59 7,320.71 7,230.62 8,32.5.06 9,298.91 11,171.07 12,353.41 11,749.39 11,519.87 11,786.44 10,311.55 8,259.33 $11§,83o.95 · Tota I $ 22,245.74 21,071.31 20,650.51 21,621.93 23,690.36 30,413.93 33,135.95 32,694.97 32,696.49 31,259.76 26,114.1I 23,747.10 $319,342.16