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HomeMy WebLinkAbout1982 - Franchise Agreement ." .., ..' e e . '\ 0 ORDINANCE NO. 1(/ - cJ J..- - 3 AN ORDINANCE GRANTING TO FLORIDA POWER & LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS AN ELECTRIC FRANCHISE, IMPOSING PROVISIONS AND CONDITIONS RELATING THERETO, PROVIDING FOR MONTHLY PAYMENTS TO THE CITY OF SEBASTIAN, AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN: Section 1. There is hereby granted to Florida Power & Light Company (herein called the "Grantee"), its successors and assigns, the non-exclusive right, privilege or franchise to construct, maintain and operate in, under, upon, over and across the present and future streets, alleys, bridges, easements and other public places in the City of Sebastian, Florida (herein called the "Grantor") and its successors, in accordance with established practice with respect to electrical construction and maintenance, for the period of 30 years from the date of acceptance hereof, electric light and power facilities (including conduits, poles, wires and transmission lines, and, for its own use, telephone and telegraph lines) for the purpose of supplying electricity to the Grantor and its successors, and inhabitants thereof, and persons and corporations beyond the limits thereof. Section 2. As a condition precedent to the taking effect of this grant, the Grantee shall have filed its acceptance hereof with the Grantor's Clerk within 30 days hereof. Section 3. The facilities of the Grantee shall be so located or relocated and so erected as to interfere as little as possible with traffic over said streets, alleys, bridges and public places, and with reasonable egress from and ingress to abutting property. The location or relocation of all facilities shall be made under the supervision and with the approval of such representatives as the governing body of the Grantor may designate for the purpose, but not so as to unreasonably interfere with the proper operation of the Grantee's facilities and service. When any portion of a street is excavated by the Grantee in the location or relocation of any of its facilities, the portion of the street so excavated shall, within a reasonable time and as early as practicable after such excavation, be replaced by the Grantee at its expense and in a condition as good as it was at the time of such excavation. Section 4. Grantor 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 facilities hereunder, and the acceptance of this ordinance shall be deemed an agreement on the part of the Grantee to indemnify the Grantor and hold it harmless against any and all liability, loss, cost, damage or expense which may accrue to the Grantor by reason of the negligence, default or misconduct of the Grantee in the construction, operation or maintenance of its facilities hereunder. ..... ...... ~....',,~ e . . Section 5. All rates and rules and regulations established by the Grantee from time to time shall at all times be reasonable and the Grantee's rates for electricity shall at all times be subject to such regulation as may be provided by law. Section 6. No later than 60 days after the first anniversary date of this grant, and no later than 60 days after each succeeding anniversary date of this grant, the Grantee, its successors and assigns, shall have paid to the Grantor and its successors an amount which added to the amount of all taxes as assessed, levied, or imposed (without regard to any discount for early payment or any interest or penalty for late payment), licenses, and other impositions levied or imposed by the Grantor upon the Grantee's electric property, business, or operations, and those of the Grantee's electric subsidiaries for the preceding tax year, will equal six percent of the Grantee's revenues from the sale of electrical energy to residential, commercial and industrial customers within the corporate limits of the Grantor for the 12 fiscal months preceding the applicable anniversary date. Section 7. Payment of the amount to be paid to the Grantor by the Grantee under the terms of Section 6 hereof shall be made in advance by estimated monthly installments commencing 90 days after the effective date of this grant. Each estimated monthly installment shall be calculated on the basis of 90% of the Grantee's revenues (as defined in Section 6) for the monthly billing period ending 60 days prior to each scheduled monthly payment. The final installment for each fiscal year of this grant shall be adjusted to reflect any underpayment or overpayment resulting from estimated monthly installments made for said fiscal year. Section 8. As a further consideration of this franchise, the Grantor agrees not to engage in the business of distributing and selling electricity during the life of this franchise or any extension thereof in competition with the Grantee, its successors and assigns. Section 9. Failure on the part of the Grantee to comply in any substantial respect with any of the provisions of this ordinance shall be grounds for 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 the Grantee has failed to comply in a substantial respect with any of the provisions of this franchise, and the Grantee shall have six months after the final determination of the question to make good the default before a forfeiture shall result with the right in the Grantor at its discretion to grant such additional time to the Grantee for compliance as necessities in the case require. - 2 - .. ~ .... .. e e . Section 10. Should any section or provision of this ordinance or any portion hereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder as a whole or as to any part, other than the part declared to be invalid. Section 11. All ordinances and parts of ordinances in conflict herewith be and the same are hereby repealed. Section 12. This ordinance shall take effect on the date upon which the Grantee files its acceptance. PASSED First Reading this d.. ).sJ. day OfJ~ ' 198~ PASSED Second, Third and Final Reading this /tJ'f-f.- day of }}( ~ 19~. 4~~ Mayor ATTEST: ~4kat/ ~ . City Clerk - 3- Ii- a, ~,!' e e . ACCEPTANCE OF ELECTRIC FRANCHISE ORDINANCE NO. 0-82-3 BY FLORIDA POWER & LIGHT COMPANY City of Sebastian Sebastian, Florida May 27, 1982 Florida Power & Light Company does hereby accept the electric franchise in the City of Sebastian, Florida, granted by Ordinance No. 0-82-3, being: "AN ORDINANCE GRANTING TO FLORIDA POWER & LIGHT COMP ANY, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC FRANCHISE, IMPOSING PROVISIONS AND CONDITIONS RELATING THERETO, PROVIDING FOR MONTHLY PAYMENTS TO THE CITY OF SEBASTIAN, AND PROVIDING FOR AN EFFECTIVE DATE." which was passed and adopted on May 10, 1982. This instrument is filed with the City Clerk of the City of Sebastian, Florida, in accordance with the provisions of Section 2 of said ordinance. FLORIDA POWER & LIGHT COMPANY ATTEST: __.au f#:I( Sec tary \. I HEREBY ACKNOWLEDGE receipt of the above Acceptance of Electric Franchise Ordinance No. 0-82-3 by Florida Power & Light Company, and certify that I have filed the same for record in the permanent files and records of the City of Sebastian, Florida on this 27th day of May, 1982. .. , , ~ "I. t Ilt-"'t .,~"" . e . CERTIFICATE In connection with Ordinance No.O-9.2-3, being AN ORDINANCE GRANTING TO FLORIDA POWER & LIGHT COMPANY, ITS SUCCESSORS AND ASSIyNS, AN ELECTRIC FRANCHISE, IMPOSING PROVISIONS AND CONDITIONS RELATING THERETO, PROVIDING FOR MONTHLY PAYMENTS TO THE CITY OF SEBASTIAN, AND PROVIDING FOR AN EFFECTIVE DATE, I hereby certify as follows: a. The City Council met on ~. 2/ &51. , 198..t. when proposed Ordinance No.O-32..j granting a franchise to Florida Power & Light Company was read (by ~/in full) for the first time. It was agreed to read it for the second and third times on /'Y]f11 /()~, 198J,. On ~1J"i' 11J'f!. , 198~ the City Council met and Ordinance No. 0-3.2.-3 was read (by ti!!e/in full) for the second time. Those present were: Pat Flpod, Jr., Mayor Everett T. Gass, Vice Mayor Frank J. Oberbeck, Councilman Richard B. Votapka, Councilman George V. Schum, Councilman The ordinance was adopted as Ordinance No.O-J.2. -3. b. On ~J..'1 ;LI , 19~ following passage at first reading, notice of proposed enactment of Ordinance No. () -I) -3 was published in a newspaper of general circulation in the City of Sebastian and the Ordinance No. 0-#2..-3 as proposed and adopted was maintained for inspection by the public at City Clerk's Office, City of Sebastian, Florida c. Upon its final passage on 7rJ~ /~ ~ , 198~ Ordinance No. ()-R1.-;-1 was signed by the Presiding Officer of the City Council and City Clerk of the City of Sebastian and recorded in a book kept for that purpose, and the respective votes of each member of the City Council were recorded in the record of the meeting. This f 1- r0 day of ~< . 198': of the City of ebastian Sebastian, Florida ~ " 41....'.' .'~ e . e . e NO. . NOTICE OF PROPOSED ENACT MENT OF AN ORDINANCE BY THE CITY OF SEBASTlA~, FLORIDA NOTICE IS HEREBY GIVEN that on () ~ :< /-t!-, 198J, at 7: trV p.m., / - the City Council of the City of Sebastian, Florida, in regular session to be held at Sebastian Cit~ Hall will consider the following Ordinance on / ~ , Sebastiari, Florida, Reading and proposed passage thereof. ORDINANCE No.O-3..1-.3 AN ORDINANCE GRANTING TO FLORIDA POWER & LIGHT" COMPANY, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC FRANCHISE, I MPOSINC PROVISIONS AND CONDITIONS RELATING THERETO, PROVIDING FOR MONTHLY PAYMENTS TO THE CITY OF SEBASTIAN, AND PROVIDING FOR AN EFFECTIVE DATE. .. . Said proposed ordinance may be inspected by the public at the Ci ty Clerk's. Office, Sebastian City Hall during the hours of 8:00A.M.to 4:30 P.M. All interested parties may appear at the meeting and be heard with respect to the proposed ordinance. . ~ f /'_ _'J~-n 'b~ 'l?1kL ,City Clerk .. '.,. NOTE: This notice must be published at least 7 days prior to the date the City Council meets to adopt the ordinance granting the franchise in a newspaper of general circulation in the City of Sebastian. Section 166.04l(J)(a), Florida Statutes .