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HomeMy WebLinkAboutCHAPTER #51 - EXHIBIT B STANDARD E~FRIC FRANCHISE FPLC 215 5m 8-15 ~_~J~?. ORDINANCE NO ........ .~7..(.. ...... AN ORDINANCE GRANTING TO FLORIDA POWER & LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, THE RIGHT, PRIVILEGE, OR FRANCHISE FOR THE PERIOD OF THIRTY YEARS, TO CONSTRUCT, MAINTAIN AND OPERATE IN, UNDER, UPON, OVER AND ACROSS THE PRESENT AND FUTURE STREETS, AVENUES, ALLF~}~YS, BRIDGES, EASEMENTS AND OTHER PUBLIC PLACES iN THE CI~ , OF ............ ~.~.~.~....~...Y ............................................. FLORIDA, AND ITS SUCCESSORS, ELECTRIC LIGH~'"X~'"'i~'~'~,,'{'"'~'ii~'~,,'~;'"'~'~'-' GETHER WITH ALL THE NECESSARY OR DESIRABLE APPURTENANCES, FOR THE PURPOSE OF SUPPLYING ELECTRICITY TO SAID ........... Q~.~.. .................................................. , AND ITS SUCCESSORS, THE INHABITANTS THEREOF, AND TO PERSONS AND CORPORATIONS BEYOND THE LIMITS THEREOF, FOR LIGHT, HEAT, POWER AND OTHER PURPOSES, AND IMPOSING PROVISIONS AND CONDITIONS RELATING THERETO:- BE IT ~...~"~.~~.~...~..~.~...~..~~..~...~..~..~".~~..~.:..~.~.~.Q~..~.~.~.~.~..~.~./~ ......... FLORIDA:-- Section I. That there is hereby granted to Florida Power & Light Company, its successors and assigns (herein called the Grantee), the right, privilege or franchise for the full period of Thirty (30) years from the date of acceptance hereof, to construct, maintain and operate in, under, upon, over and across the present and future streets, avenues, alleys, highways, bridges, easements and other public places in the .......... ~i~.~.......of ......... ..~.~.~..~.~..~ .................. Florida, and its successors, electric light and power lines, together with all the necessary or desirable appurtenances (including underground conduits, poles, tow- ers, wires and transmission lines, and, for its own use, telephone and telegraph lines) for the purpose of supplying electricity ~o said ........... ..~...~..~..~. ......................... and its successors, the inhabitants thereof, and persons and corporations beyond the limits thereof, for light, heat, power and other purposes. This grant is made in consideration of the construction, maintenance and operation of the electric lil~ht and power lines by the Grantee herein provided for, and for the benefits and conveniences to the inhabitants of said ...................... ,~.,~?,. ,~... ......... ,as a result thereof. Section II. That the ...... ..~...~........~... .......... of ............ .~.~...~...~_.,I..~ ........................ Florida, hereby reserves the right at and after the expiration of this grant to purchase the property of the Grantee used under this grant, as provided by the Laws of Florida, in effect at the time of the Grantee's acceptance hereof, including Section 1844 of the Revised General Statutes of Florida of 1920~a~nd,a_s,.,a_eo~n.,dition precedent to the taking effect of this grant, the Grantee shall give and grant to the ........ ..~..~.~ ............... of ..................... ~;~J~'£A~I! ..................................................... , Florida, the right to purehase so reserved. Grantee shall be deemed to have given and granted such right of purchase by the act of acceptance hereof. Section III. That poles and towers shall be so loeated or relocated and so erected as to interfere as little as possible with traffic over said streets, avenues, alleys, highways, bridges and public places, and with reasonable egress from and in- gress to abutting property. The location or relocation of all poles, towers and conduits shall be made under_the sup?vision and with the approval of such representative as the ..........~..~....~.~.~. ................................ of the ....~.I......~... ......... of ....:.~.....~.i.~.~........I.....~....~] ~'. ............ , Florida, may designate for the purpose, but not so as unreasonably to interfere with the proper operation of Grantee's lines and service. Section IV. That the ....Q.~.~.~. ............ shall in no way be liable or responsible for any accident or damage that may occur in the construction, operation or maintenance by the Grantee of its lines and appurtenances hereunder, and the acceptance of this franchise shall be deemed an agreement on the part of said Grantee, to indemnify said .............. ~....~...... and hold it harmless against any and all liability, loss, cost, damage or expense, which may accrue to said ...................... ...~.~.~ .............................. by reason of the neglect, default or misconduct of the Grantee in the construction, operation or maintenance of its lines and appurtenances hereunder. Section V. That all lines constructed under this grant shall be constructed and maintained in accordance with estab- lished practice with respect to electrical construction and maintenance. Section VI. That the Grantee agrees to make promptly such extensions to its existing facilities as may be required by one or more customers, or prospective customers, provided, that if the revenues to be derived therefrom shall not afford a fair and reasonable return on the cost of providing and rendering the required service, then Grantee shall be permitted to, and is hereby authorized to, exact from such customer or customers such cash advances, minimum guarantees, service guarantees and/or other arrangements, as will enable Grantee to earn a fair and reasonable return on the cost of providing and rendering the required service. Section VII. That the rates fixed by the Grantee from time to time shall at all times be just and reasonable, and, sub- ject to reasonable minimum charges and service guarantees, Grantee's net rates for electric energy furnished for lighting put- poses shall not exceed ~J~..~... cents per kilowatt hour. Section VIII. That said .......... .~_...I..~ ....... agrees to pass all ordinances necessary or suitable, both for the protection of the rights and lXroperty of the said Grantee, and to enable said Grantee to enforce any of said Grantee's reasonable rules and regu- lations for the management, operation and control of the service hereunder, and to pass any ordinance or ordinances that may be necessary or suitable in order to fully confirm to said Grantee the rights herein or hereby granted or intended so to be. Section IX. That when any portion of a street is excavated by Grantee in the location or relocation of any of its con- duits, poles, towers, wires and transmission lindeN, the portion of the street so excavated shall, within a reasonable time and as early as practicable after such excavation be replaced in as good condition as it was at the time of such excavation. Section X. That failure on the part of the Grantee to comply in any su~bstantial respect with any of the provisions of this franchise, shall be grounds for a forfeiture of this grant, but no such forfeiture shall take effect if the reasonableness or propriety thereof is protested by the Grantee until a court of competent jurisdiction (with right of appeal in either party) shall have found that said Grantee has failed to comply in a substantial respect with any of the provisions of this franchise, and the Grantee shall have six (6) months after the final determination of the question, to make good the default before a forfei- ture shall result with the right in the ....... ~I.~......~....~.~.~.~.. ...................................... at its discretion to grant such additional time to the Grantee for compliance as necessities in the case require. Section XI. That the Grantee is hereby given the right and authority to make assignments of this right, privilege and authority and the rights hereunder, all assignees to be bound to the same extent as the original Grantee. Section XII. This ordinance shall take effect as soon as it shall have been duly passed and adopted as required by law and accepted as required herein. Section XIII. That the Grantee shall file its written acceptance of this franchise with the ............. .C...I..~ ................... Clerk of the ............... ~.~.~. ................................... of.......~.~l~.~...~.~I ...................... , Florida, within thirty (30) days after it shall have been duly passed and adopted as required by law. Section XIV. That all ordinances, and parts of ordinances, in conflict herewith be and the same are hereby repealed. Passed and adopted this ............................................. day of .................................................................................................. , 19...~...?* Attest: ................. ........... .................................................................. The foregoing Ordinance approved on the ............................ day of ........................ 19......~.._~ Signed: ..................................................................................................................................................... Title .......................................................................................................................... Mayor Title ......................................................................................................................... 5ebastin FlOrid&. To the Honorable Payor and City Council, City of Sebastian, Florida. Gen ~ lemon: We hereby submit for your c.o~s:ide~atlom the i.ollow .ng Proposal for the .~urclhase of all the property used or useful for ~d/or in connection withthe City of Sebastian's electric light and power system and business and ice proi~erty andbusiness, including the fel- lowing described land: Beginning at e point, said ~oint being the inter- section of the we~t line of Louisiana Avenue ~d the Southeasterly Right-ee-W~y line of the Feitsmere thence in a ~outherly direction along said west line of Louisisma Avenue, e. di~t~.nce of two hundred six feet to a point; thence at ~n angle of 900 more or less Westerly, a distance of fifty-four (54) feet to a thence at an an~le of 90~ more or less Southerly, a distance of forty-six (~6) feet to a point; thence at an ~le of 90° more or less Westerly, a distance of one h,~udred forty-six (14~) feet more or less to a point in the Southeasterly ~ig~t-of~Way line of the Railroad; thence in a Northeasterly'direction al~ug ~aid Southeasterly ~ight-of-Way line of the Fellsmere Railroad, ~ distance of three hundred twenty-three (3FS) fe~t~ more or less to the. point of beginning. Theabove described land inCl~es that tract on w~:ieh the ~micipa! Electric and Ice Pla~t of the City of Sebastian is now located snd constructed. Said land situate, lying and. being in the Southeast- Quarter (SE~) of the $Outh~estquarter (SW.~)'of Section Six (6) Township ~'! South, Eange ~9 Fmst, Indian H;,ver Co'muty, tn' order that your ~Mnorable Body m:d the Citizens of Seb.s. stian may'know something of us end the character of operations in which we are commonly engaged, we feel it wo~ld be proper to give you a brief general statement of the extent of our public utility operations, both within: ~.ad. without the State of Florida. Light Comp~uy ~m ~6s ~$o'c:L~O~a ,~o~.'~¢erns are ~ ~n, ':~3 statgs and 5 foreign co~ntrieso ~ llst ~f the no~ operatin, .......... s:~te~ i:: ~'~'::lch their oper~ti~:::s are conducted is a~ follows: Ala.ba.m~ illinois Mississippi South C~rolina Arkansas Indiana ~ebraska Tennessee ~ri~ona Ksas~s Nevada Tex~s Colorado Men~ucky New Jersey Utah Delaware Louisiana North Carolina Virginia. Florld~ M~ryl~nd :Ohio. T~zhtngton Idaho Michigan O~egon '~'¢st Virginia iow~ Minnesota Pennsy!v~:nt~ Wisconsin ~oming Statistics of the operations so conducted by the Several publlc utility concernS, of which Florida Power & Light Company is a part, represented for the ~.'ear 19~6 the following: InStalled ~ectrte Generating Capacity~ December 31, 1926 -3,544,955 Under Construction ... , . . . ............ 623,326 In Contemplation . . . . . . . . . . . . . . . . . 8~,764 Total Cities and Towns Served December. 31, 1926 Population Served . . . . . . . . . . . . . . . Total Customers . . . . ........... Kilowatt Hours Output 1~ ~onths . . . . . . . . Gas Works Capacity per Day . · . . . · . . . . GaS Holders Capacity . . . . . . . . . . . ... 4,~51,045 $,079 1~,447,000 ~,569,106 9,657,106,~00 130,853~000 CU~iC feet 55,~91~000 cubic feet Auna Naria Arcadia Baldwin Boynton Bradent~n Bunnell Crescent City including Cocoa Coral Gables DaytonaBeach Delray Florida City Ft. Lauderdale Ft. Myers Hiaieah ~oi12wood Lake Butler Lake Cit~ Lakeland Live Oak Nanatee Melbourne Miami Miami Beach Okeechobee Ormond Palatka Palm Beach ~anta Gorda Eanford Sarasota Stuart St. Augustine Titusvil~e West Palm Beach It is pertinent, we think, and of interest to you in the pre- sent cire~aStanees to know that of the a~ove cities, ten hzve recently found By experience that the development of the co~aua~lty would be best brought about by placing the responsibility for electric service in the community in the hands of private ~artleso The cities that have taken this forward step are Amna Maria, Boynton, Bunnell, Crescent City, Delray, Lake City, Ls. ke Butler, Punta Gorda, Sarasota and FlOrida City. At the end of June 1928, the Florida Power & Light Company had in Florida 184,513 BR of electric generating capacity installed. At the end of June 1928, we served 100,17~ consumers in Florida, which number has been constantly increasing. We have today .more th~n 2,179 tons of ice manufacturing capacity i:x Florida, with plants located at Miami, Ft. Leuderdale, West PalmBeach' Okeechobee, Melbourne, Cocoa, Titusville, Daytona B~ach, Sa~ford, St. Augustine, Palatka, Hawthorne, Baldwin, Lake City, Live Oak, Pensacola, Arcs. die, Punta Gorda, Sears and Ft. ~yers. Gas Sendout 12 Months . . . . . . . . . . . . . 19,124,635'~00 cubic feet. in March 19~Awe became interested in the electric light and power business in Florida and since that date have acquired such properties in excess of one hundred cities and towns in thi~ state, ~lorida Power & Light Company amd those who form its personnel are well known to many Florida people. The Company enjoys the confidence ~nd good will of the governing authorities and the public 'in the communities served and takes a leading part in civic amd other activities looking to the growth and development of these communities, because it can prosper only as the communities develop and prosper. ~lorida Power ~ Light Company is a ~lorlda Company chartered under the laws of the State of Florida; is managed ~nd supervised by utility specialists of wide and long experience who are residents within ~he State, and its predecessors ~nd associated companies have been successfully engaged in the utility business for more than a quarter of a century. Florida Power & Light Company has financial connections which enable it to raise on reasonable terms the large amounts of capital required for the expanslom and development of its prop- erties in order to properly and adequately serve the many commun- ities in which it is located. No community can grow faster th~n its utilities and since the rates charged for services are suffi- cient to provide little, if any, of the constant and increasing demands for new capital for extension of plants, lines ~nd other service ~acilities, the ability of the Company to raise these large amounts of new capital, is of vital importance to these com- munities and their inhabitants. We propose as follows: 1. To purchase all of the property, used or useful, for and/or in connection with Sebastian's electric light and power system and business and ice property and business, including the land hereinbefore described. ~. To put into effect a complete set of rates for electrfC~ service, a set of which rates is at~ached hereto, marked ~Exhiblt A and made a part hereof. These rates cov~r, serv£c, within the City of Seb~.~stian ~nd the following classes of A. General Lighting Cooking and Water ~eatin~ C. Power We expect to offer in th~'~ :Out'ute addition~l rate~ for classes of service as ~:~ need therefor develops. These rates will be such as .to encoure:ge the use of cuyr~t for Such purposes. We estimate theft the zaid electric r,~t ...... will, ~' ~ e~ ~e generally mots satisfactory to the City of Seb,~stlm~ and the i~ablt~ts, ~hereof th~n the rates now in ~ffect in your To ~'~t into e~l~ct In oeb.~:..~tt~,n .ate.~ For ice ntcn ~1]. be no higher than the rs, tea now being char~d tee eonsu:~ers, ineludi~ fis~h dealers, in Sebastiau. ~'e trust that ~ the ~ture economt.~ ang efficiencies of o~Jers, tton in .)ow'er ~,nd ice oro~uctton will ~erm!~ us to offer still more attractive ra~c~: and it would be our 'rolicy here, ss elsewhere, to ~t all times furnish electric ~d ice s~rvtce fo:~ the lcwest .~ossible ra~ez conslsten'~ with the cos't thereof, ~cludin~ a fair return on tbs capital invested in your service. 3. To extend, as early ss ~rs, eticable, ~ur electric trna, ns- mission system service to Sebasti~, ~a,i thus giv~ the City and comm~it7 tb.e advantages of elec~rlcal service from a. ~ode~ trans- mission syst~ with ~n unli~fted sup~iy of current at rates ~ich will ~able Sebaztian to compete in i'~s ~eneral ~nd industrial devel- opment ~th any city ~ your section of the State. 4. To prom0tly make additions and im?rov~ents to said electric syst~ which are necessary to maintain the quality of service 5ebasti~ u'~ to the stsndzrd recognized as best ~ode~ .)ractice. ~. To pay to the City of Sebastian for s, ll of the used or useful, for ~.nd,/or in co~ection with the City of $obas$i~s electric light ~d power system ~d ~siness and ice ~,,ro.~.erty and business, including only the land described above~ the s~ of Six.- five Thous~d ~llars ($5,000.00) In c~,.sh,~ concurr~tly ~th the delive~ by the ~2y of ~basti~ to ~orida Power & Light or its nominee, properly executed, the following: a. A proper instrument or instruments of conveyance and t~ansfer, conveying and transferring said electric light and power system and business and ice property and b~siness, free and clear of all liens, charges and encumbrances, to Florida Power ~ Light Company, o.r its nominee. b. A mutually satisfactory electric light and power franchise in the form attached hereto, marked WExhlbit Be and made a part hereof; c.. A mutually satisfactory thirty (~0) year municipal street lighting agreement in the form attached hereto, marked ,Exhibit C and made a part hereof, and d. A mutually satisfactory =unicipal water .pumpin~ agreement (to be executed if and when the City of Sebastian installs a w~ter system), in the form attached hereto, ma~ked .Exhibit De and made a part hereof. 6. To deliver to the ~ity of Sebastian, concurrently with the acceptance of this Proposal by the City Council, a cer- tified check for the su~ of Five ThouSand Dollars ($5,000.00) made payable to the City of Sebastian, Sebastian, Florida, which check will be delivered to the said City to guarantee that Florida ~ Light Company will carry out the provision~ of this Proposal, dated ~eptember 29th, 1928, ~ade to the City of Sebastian for the purchase of all the property ~sed or useful for and/or in connection with Sebastian~ electric lltht and power Syste= and business and ice property and business, it being understood and agreed that in the event the sale and purchase of said properties is consummated as contemplated in this Proposal, the said certified check shall be applied as a part of the purchase price for said properties, and in the event the said sale and purchase is not con- sumaated as contemplated because of the failure of the Florida ?o~er & Light Company to perform the terms and conditions of. 2his dated ~epte~ber 29th, 19P~, on its part to be performed, said check ~ay be retaine~ by the City of Sebastian as liquidated da=ages, but in the event the said sale and purchase is not consummated, by mUtual consent or by the failure of the City of Sebastian to perform the ter~s am:-], conditions of said Pro?osa! on its par~ to be performed, the said certified check shall be re~u~ed to FLORIDA PO~ a LIGHT CO~?t~NY, at its request. 7. To oper~::.te ~n~i maintain the electric ~ener~.ting engine zet~ proposed to be purch~sed hereunder, iu S,bastian as ~ rese:rv~ unit in our ,lectrtc system f~..r period of at least ~e useful li~ of the e~.f~e uow i~st~lle~:~. 8. To o::::~r~te ~.nd m~.~t~':in 'bhe z:e pl:~nt proposed to be pur~ssed here~uder, or one of :~.t !e~t a:~ ~rge :'. ~nuf~.ct~ring "~'. ~i in such m~.nner a~ ~sy be n~.'cess~.ry in con- nection w'i~.~ as ~ p~rt of ~.nd ~.s ~ unf..t of our ice p!~nt syste~ in Florida, 'f~or a period of e.t least the 'useeul llfe of ~e ice plant now lnst~lled. 9. To p~y ell reasons, bio costs~' in ccn~ection with calling n~ h:.o2..ding ~:~n el;c~,i_n, ~ h~!d, of t~,~ e~.~ctor~, ~*ho c. re: owners of ret~i estete in ~eb~sti~n, Fl~:rid~, to vote upon the question of r~.ti~ing ~.nft ap?roving the sr~le of scid e].ectric light a~ power system and b~siness ~:.nd ice pro?erty ~d businsss ~ 6ebz~stla~ to the Flc. rids .Power & Light Com~s.r~, or its nominee. Fin~:.lly, we submit t.o the considet.~'~tion of you~ Honor~.ble '[~o~ the fact that the .eurnishi~g of electric service is no longer someth.luZ th~ e~n be adeque, tely provided by comm~ities o~ municip~llties, and that the intere~t~ of Eeb~sti~n ~d of it~ inhabiters ~ll be best s,~rved by the placing of the electric and ice businesams in the hands of spe'ci~!t~ts of adequate fin~ucial resources~ of wi:de experi~ce ~:~d pcSsessin~ the necess&ry techr:tc~l s.n~l enjf~eering t~.!ent. ~ believe tt?~t if th!~ sec$ion of ~orida is to grow as it should grow, electrical and other utility s~.rvlce Of a v~r~? ~ '~ , "~V~ h~.n ch~raz, ter :?:us~ be provl~:d This will lnvo...~., the production o'f' power In g~erating stations of large capacity eennecte~ by bf.~h vo!t.~ge transmlssio: lines, as we are now doing in ~orid~, ~ere we have in opera, rich a transmission ~s~ of ap.proxLmate~ H48 miles. These tr~amisaio~ lines fo~ a complete interconnected electric system extending £rom FlOrida City on the South to Y~lee on the North, ~cro~s the State fro~ ~ort Pierce to Arcadia and P~ta ~rda ~d along the West Coast t~om Bradenton to Fort ~ers. To serve this imm~Se transalssion sYst~, which will be extended to Seba. sti~, with power, we have plsced in oper- ~.ti~ new modern ste~ electric g~erating stations of ~e super- power type on the St. Jo~s River at 8anford, ~nd on the New River at Fort Lauderdale, ~d at Punts Gorda a large generating static. The t~ steam stations alone h~ve a come, ed ~stalled capacity in operation of more t~a- 80,000 ~. These two statioz~s, With those open'stag In Miami, the one at ~t~ Gorda and the steam electric generat~g station eontemplat~ for the West Coast at Sarasota, will form a pool of electric energy far greater t~ ~y other existing in this State end will ms. ke ~ower ~d light in s~ quantity avsil~'ble at ~y place along these transmission lines ~enty-fo~ (~4) ho~s per day and every d~ in the year. A project of this kind could not be ~dertaken ~ lndivid~ls or a corporation o~ning a n~ber of isolat~ utility properties in scatter~ sections of the co,try ~d further could not be tmdertaken by a m~icipality or ~ com~ity, a~ it is largely for this reason that isolated individual ~nd m~ici?a! oEerahip of electric utilities is so rapidly ~ecoming a t~n~ of the past. It is of interest to note ~at, largely as a result of this kind o:f~ development, today leas t~ f~ur percent of the total elec- trical power g~erated in the c~t~ is produced in m~icipal plants. Respectfully submitted, FLORIDA POWER & LIGHT CORPANY~, - 7- F~t~DA PO~ & LIGHT OOMP~ ~ITY OF 3~ APPLICATION OF SOHEDULE~ This schedule applies to miscellaneous power service to Consumers taking service at 110 volts or 220 volts. Energy is %o be ~easu~ed by a single meter at each point of delivery for each ~onsumer served. Two o~ more points of delivery %o one Comsu~er shall be considered as ,separate selw~ces, and bills separately calculated for each point of delivery. RATE~ $1.00 net each month per BP connected, which payment entitles Oons~aer to use during such month 10 X~ for each RP connected. 95 net per X~H for the ne~t 280 X~H used per month ~ net per X~ for the nex~ 750 XWH used per month 6~ net per XWH for all additional ener~y u~l per month. ~IN~ MO~TBL¥ BILL~ No monthly bill will be rendered under this schedule for an amount less than $1.00 net per BP connected, and in no event less than $1.50 net. PAY~FJ~, The above stated net rates and minimum bill apply only when bills are paid within ten d~ys from the date thereef. ~hen not so paid, the gross rates and ainimua bill (being the above stated ne~ rates and minimum bill plus ten (1~%) per cent) apply. · ULE~ A~D RE~LATIONS: Service under this schedule is subject to orders of gevern- ~ental bodies having Jurisdiction in the premisss, and to the Rules and Regulations of the Co~pany, present or future, on file in the Compa~f~a office. Tn case of conflict between any provision of this schedule an~ such Rules and Regulations, the schedule shall apply.