HomeMy WebLinkAbout580No.
AN O~dOINANC]~ Gi~3~TiNG Iv0 FLO~ikDA PO~q~R ~ LIGHT COI.~PANY,
ITS $[IOC~bSOi{S AliD ~,ao~GNS, AN ~L~CTRtC F~,NCHiiSE, AND
12.~P0$II~G pi~0VLS~ONS .~CO CONDITIONS tt~;LAT]2iG T~hsxET0
BE IT b]NACTLD ]%Y TLE Pi~)PLE OF T~i?] CiTY OF Sf~i~Oi~,
Section I. Tl~t there is hereby granted to Flori~ Power ~
Li~t Co~y (here~ called the "Grantee")~ its successors ~d
assigns, the non-exclusive ri~t~ privilege or franchise ~ constr~t,
n~inta~ ~d operate in~ mlder~ upon~ over ~d across the present and
fu~e streets~ alleys~ bridges, easements and other public places of
the City of Sa~ord, Florida, [herein ~ called the "Grantor") ~d its
s~cessors, in accord~ce ~ established practice ~ith respect ~
electrical ~nstruction and ~intenance, for the period of thir~ years
f~m ~e date of acceptance her~f, electric light a~ power facilities
(~clu~ng conduits: poles, w~es and trans~ssion lin~s, ~d, for its
o~ use~ telephone and telegraph lines) for tile purpose of supplyi~
electricity ~ O~ntor, ~d its successors, the ~abit~ts ~ereof,
~d persons ~d corporations beyond the l~ts thereof.
Section II. That G~n~or hereby reserves ~e ri~t at and
after the ~ation of ~is grant ~ purchase ~e property of Grantee
used ~der ~is gr~t, as provided by the ~ws of Flor~a, ~ effect
at th~ ti~ of Grantee's accep~nce hereof, inclu~ Section 167.22
'of ~e Flor~a Statutes of 1955, and as a conditio~ precedent ~o ~e
t~i~ effect of ~is grant, Or,tee shall give ~d grant to the
~e r~ht ~ p~chase so rose. ed. Grantee s~ll be deemed ~ have
given ~ granted such right of pu~hase by its accep~ce hereof~
~ich sh~l ~ filed with ~e Grantor's clerk with~ thir~ (30) ~ys
after this ordin~ce t~es effect.
Section III. ~at the facilities sl~l be so located or re-
~cated ~d so erected as ~ info.ere as little as possible with
traffic over said streets, ~eys, bridges a~ public places, and
~th reasonable egress from ~d ingress to abutt~g p~perty. The
location or relo~tion of all facilitiea s~ be nmde ~der the
supervision and wi~ ~e app~val of su~ representatives as ~e
gove~i~ body of G~ntor may designate for ~e p~ose, but not
as ~reasonably to interfere ~th the o~per operation of Gr~tee~s
facilities ~d so.ice. That ~en ~y-~ion of a street is excavated
~ Gr~tee in ~e location or relocation of ~y of its facilities, ~e
portion of the street ~ excavated sh~l, ~th~ a reaso~ble ti~ ~d
as early as practicable after such ~cavation, be replaced by the G~ntee
at its expose ~d ~ as good condit~n as it ~s at the time of s~h
excavation.
Section ~. That Gran~r sh~l ~ no ~y be liable or r~
sponsible for any accid~t or d2~ge that ~y occur in the constr~tion~
operation or ~ten~ce by Grantee of its facilities here~der~ and
the acceptance of ~is ordi~ce shall be deem~ ~ agreement on the
part of Gr~tee~ ~ ~de~ify Grantor ~d ho~ it ha~ess against any
and ~1 liability, loss, cost, d~ge or e~ense~ which may accrue to
Grantor by reason of the neglect, defa~t, or ~sconduct of Grantee
the constr~tion, operation or ~intc~ce of its facilities hero.der.
Section V. That all rates m~d mles ~d regulations established
by Gr~tee f~m time to ti~ sh~ll at ~1 t~s be reasonable ~ Gr~tee
rates for electrici~ shall at all t~es be subject ~ such ~gulation
as ~y be p~vided by law.
~. ~ ~ da~S after the effectave
date of this grant, begim~ing in the year 1957 and ending in the year
1985, the Grantee~ it~ s cccss~rs and assigns, shall pay to the Grantor,
and its successors~ an a~o~t ~ich added to ~e amo~mt of ~l t~es~
licenses, and o~her impositions (except t~es imposed or levied by
lectricity ~der the provisions of
the Grantor on the p~chasc of ~tatutes, 1955) levied or Ln~osed by
Section 167.431 of the Florida
~e Grantor upon the Orantee~s electric properS, b~ineSS~ or
a~ons~ m~d those of ~e Grantee's electric subsidiaries for the
preceding t~ year, will equal 6% of ~e Grantee'S revenues f~m the
sale of electrical energy ~ residential ~d co~ercial customers
within the conte~or~eo~ corporate li~ts of ~e Grantor for the
twelve (~) fiscal ~nths i~nediately preceding the applicable a~i-
versa~ date; p~vided, hoover, ~hat the pa~ent ~ be made in 1956
s~ be based upon residential and co~ercial revenues for ~e
twelve (12) fiscal ~mn~s i~ediately preceding thc effective date
of this grant.
Section VII. As a further consideration of ~is franchise,
said G~ntor agrees not to e.gage in the business of distributing
and selling electricity dur~ the life of this franchise or any
e~ension t~reof in competition wi~ ~e G~ntec, its successors
and assigns.
Section V~I. That f~ilure on the part of Grantee to co~ly
~ any subst~tial respect with ~Y of the p~visions of this ordi-
~ce, shall be g~ds for a fo~eiture of ~is gr~t, but no such
fo~eiture shJl take effect if ~c reasonableneSs or propriety
~ereof is p~tested by Grantee ~til a co~t of competent jurisdiction
(~th right of appe~ ~ either pa~) sh~l have found that G~ntee
has failed to comply in a substantial respect with any of the p~-
visions of this f~nchise, ~d the Grantee shall trove s~ (6) ~nths
after the fill dete~tion of the question,
defa~t ~fore a forfeiture shall result with the r~ht ~ Grantor
at its discretion to g~nt such additional t~e to Grantee for
co~li~ce as necessities in ~e case require.
Section ~- This o~i~ce shall ~e effect at the e~ of
a period of tl~r~ (30) days from ~e date of its ~ssage~ dur~
~ich period it shall be ~d re~ posted a~ ~e front door of the
City Hall ~ the City of Sanford.
Section X. That a~ o~inances
conflict herewith be and the same are hereby ~pealed.
ll
PASSL~O on first reading in full on the _~ day of 14ay, 1956.
PASSi,~) AND ADOPTh~D on second ~nd final reading in full this
day of June, 1956.
CERTIFICATE
I, H. N. Sayer, City Clerk of the City cf ~anford,
Florida, dc hereby certify that a true and correct copy
of the foregoing Ordinance No. 580 of the City of Sanford,
Florida, pASSED and ADOPTED by the City Commission of the
City of Sanford, Florida, on the llth ~d~y of June, 1956,
was POSTED ak the front door of the City Hall in the City
of Sanford, Florida, on this the 12th day of June, 1~°56.
WITNESS my h~nd and the official se~l. ef said City
of Sanford this 12th day of June, 1956.
~-~-er~ of ~he
ACCEPTANCE OF CITY OF SANFORD
ELECTRIC FRANCHISE ORDINANCE NO. ~80
July 11, 1956
City of Sanford
Sanford, Florida
Florida Power & Light Company does hereby accept
Ordinance No. 580, it being:
"AN ORDINANCE GRANTING TO FLORIDA POWER gt
LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS,
AN ELECTRIC FRANCHISE, AND IMPOSING PRO-
VISIONS AND CONDITIONS RELATING THERETO".
This instrument is filed with the City Clerk of
the City of Sanford, Florida, in accordance with the pro-
visions of Section II of said Ordinance.
~ / Robert H. Fite
~President ,% General Manager
~. T. Owens, Jr., Assigt~nt Secretary
I hereby acknowledge receipt of the above
Acceptance by Florida Power &~ Light Company of Ordinance
No. 580, it being:
"AN ORDINANCE GRANTING TO FLORIDA POWER &
LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS,
AN ELECTRIC FRANCHISE, AND IYlPOSING PRO-
VISIONS AND CONDITIONS RELATING THERETO",
and certify that I have filed the same for record in the
permanent files and records of the City of Sanford, Florida,
this 12th day of July, 1956.
C~erk
FLORIDA POWER
;HT COMPANY
MIAMI 30, F~.ORIDA
June 12, 1956
City Commission
City of Sanford
Sanford, Florida
Gentlemen:
I am writing this letter at your request to clarify
several points raised by you in connection with Ordinance
No. 580 granting a 3e-year electric franchise to Florida
Power & Light Company as passed on second and final read-
ing at your regular meeting on June 11, 1956.
As a further consideration of the enactment of Ordi-
nance No. 580, we agree:
(1)
That the wording in Section VI, "Grantee's reve-
nues from sale of electrical energy to residen-
tial and commercial customers" means the Company's
gross revenues from those classes of customers;
(2)
That we will, at your request, make available for
audit at their usual place of keeping, such of our
books and records as are necessary for your repre-
sentatives to determine the correctness of the
franchise payments provided for in Section VI of
Ordinance No. 580; and
(3)
That the word "impositions" which appears in Sec-
tion VI means taxes, licenses and other charges
imposed by the City of Sanford but does not in-
clude amounts for assessments for special benefits,
such as sidewalks, street paving and similar im-
provements or fees generally charged by the City
for the performance by the City and the use by its
citizens or residents of a municipal service such
as water service, sewage service, garbage service
and like services.
We are pleased to give this advice to you and suggest that
it be made a part of your minutes ~ther public/.records.
'Yo~rs very t~l~,
P~esident & General Manager
RHF:bt
LIGHT COMPANY
FLORIDA POWE R !
MIAMi 30, FLORIOA
I, W. F. BLAYLOCK, hereby certify that:
(a) I am the duly elected Secretary of Florida
Power & Light Company, a Florida corporation;
(b) Robert H. Fite is the duly elected President
of said Florida Power & Light Company;
(c) Robert H. Fire is duly authorized under the
By-Laws of Florida Power & Light Company to execute
and deliver for and on behalf of Florida Power &
Light Company the foregoing letter;
(d) the foregoing letter is the
Florida Power & Light Company and is
in accordance with its terms.
contract of
enforceable
IN WITNESS WHEREOF I have hereto set my hand
and the seal of Florida Power & Light Company this
12th day of June, 1956.
"W. F'.~/Blayloc]~
Secretary
ACCEPTANCE OF CITY OF SANFORD
ELECTRIC FRANCHISE ORDINANCE NO. 580
July 11, 1956
City of Sanford
Sanford, Florida
Ordinance
Florida Power & Light Company does hereby accept
No. 580, it being:
-AN ORDINANCE GRANTING TO FLORIDA PO%~R &
LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS,
AN ELECTRIC FRANCHISE, AND IMPOSING PRO-
VISIONS AND CONDITIONS RELATING THERETO-.
This instrument is filed with the City Clerk of
the City of Sanford, Florida, in accordance with the pro-
visions of Section II of said Ordinance.
Ip Robert N. Fire
resident & General Ma~$Eer
(.J& T. Owens, Jr., Assigt~nt
Secretary
I hereby acknowledge receipt of th~ above
Acceptance by Florida Power & Light Company of Ordinance
No. 580, it being:
and
permanent
~n~s 12th
"AN ORDINANCE GR'{TING TO FLORIDA POWER &
LIGHT COMP~Y, ITS SUCCESSORS AND ASSIGNS,
AN ELECTRIC FRANCHISE, AND I~OSING PRO-
VISIONS AND CONDITIONS RELATING THERETO",
certify that I have filed the same for record in the
files and records of the City of Sanford, Florida,
day of July, 1956.
IDIL~
MIAMI 30, FLORIDA
June 12, 1956
City Commission
City of Sanford
Sanford, Florida
Gentlemen:
I am writing this letter at your request to clarify
several points raised by you in connection with Ordinance
No. 580 granting a 30-year electric franchise to Florida
Power & Light Company as passed on second and final rea~-
ing at your regular meeting on June ll, 1956.
As a further consideration of the enactment of Ordi-
nance No. 580, we agree:
(1) That the wording in Section VI, "Grantee's reve-
nues from sale of electrical energy to residen-
tial and commercial customers- means the Company,s
gross revenues from those classes of customers;
(2) That we will, at your request, make available for
audit at their usual place of keeping, such of our
books and records as are necessary for your repre-
sentatives to determine the correctness of the
franchise payments provided for in Section VI of
Ordinance No. 580; and
That the word "impositions- which appears in Sec-
tion VI means taxes, licenses and other charges
imposed by the City of Sanford but does not in-
clude amounts for assessments for special benefits,
such as sidewalks, street paving and similar im-
provements or fees generally charged by the City
for the performance by the City and the use by its
citizens or residents of a municipal service such
as water service, sewage service, garbage service
and like services.
it
RHF:bt
We are pleased to give this advice to you and suggest that
be made a part of your minutes or~ther public records.
/~o~rs very t~'l~, ~
P~esident & General Manager
MIAMI 30, FLONIDA
I, W. F. BLAYLOCK, hereby certify that:
(a) I am the duly elected Secretary of Florida
Power & Light Company, a Florida corporation;
(b) Rober~ R. Fite is the duly elected President
of eaid Florida Power & Light Company; -
(c) Robert H. Fire is duly authorized under the
By-Laws of Florida Power & Light Company to execute
and deliver for and on behalf of Florida Power &
Light Company the foregoing letter;
(d) the foregoing letter is the contract of
Florida Power & Light Company and is enforceable
in accordance with its terms.
~N WITNESS WNEREOF I have hereto set my hand
and the seal of Florida Power & Light Company this
12th day of June, 1956.
Secretary