1528 ORDINANCE NO. 1528
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,
AMENDING AND EXTENDING ORDINANCE NO. 580 OF
SAID CITY; SAID ORDINANCE BEING A FRANCHISE
TO FLORIDA POWER & LIGHT COMPANY; SAID AMEND-
MENT EXTENDING SAID FRANCHISE FOR A PERIOD OF
THIRTY (30)YEARS, AND PROVIDING FOR MONTHLY
PAYMENTS OF FEES TO THE CITY OF SANFORD,
FLORIDA; PROVIDING FOR SEVERABILITY, CONFLICTS
AND EFFECTIVE DATE.
WHEREAS, Ordinance No. 580 of the City of Sanford,
Florida, granted unto Florida Power & Light Company an
electrical franchise, which granted unto said company the
right to construct, maintain and operate electric light
and power facilities upon the streets, alleys, easements,
and other public places in the City of Sanford, Florida;
and~
WHEREAS, the present franchise has an expiration date
on July 11, 1986, and it is the desire of the City Commission
to extend said franchise in such a manner that Florida Power
& Light Company will have a franchise for a period of thirty
(30) years from the date of this Ordinance,
NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE
CITY OF SANFORD, FLORIDA:
SECTION 1: That 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 Sanford,
Florida (herein called the "Grantor") and its successors, in
accordance with established practice with respect to electrical
construction and maintenance, for the period of thirty (30)
years from the date of acceptance hereof, electric light and
power facilities (including conduits, poles, wires and trans-
sion lines, and, for its own use, telephone and telegraph lines)
for the purpose of supplying electricity to 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, Grantee shall have filed its acceptance hereof
with the Grantor's Clerk within thirty (30) days hereof.
SECTION 3: That the facilities 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
Grantor may designate for the purpose, but not so as unreason-
ably to interfere with the proper operation of Grantee's
facilities and service. That when any portion of a street
is excavated by 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 ex-
pense and in as good condition as it was at the time of such
excavation.
SECTION 4: That Grantor shall in no way be liable or
responsible for any accident or damage that may occur in the
construction, operation or maintenance by Grantee of its
facilities hereunder, and the acceptance of this Ordinance shall
be deemed an agreement on the part of the Grantee to indemnify
Grantor, and hold it harmless against any and all liability,
loss, cost, damage or expense, which may accrue to Grantor
by reason of the neglect, default or misconduct of Grantee in
~he construction, operation or maintenance of its facilities
hereunder.
SEETION 5: That all rates and rules and regulations
established by Grantee from time to time shall, at all times,
-2-
be subject to such regulation as may be provided by law.
SECTION 6: That no later than sixty (60) days after
the first anniversary date of this grant, and no later than
sixty (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
Grantee's electric subsidiaries for the preceding tax year,
will equal six percent (6%) of Grantee's revenues from the
sale of electrical energy to residential, commercial and
industrial customers within the corporate limits of the Grantor
for the twelve (12) fiscal months preceding the applicable
anniversary date.
SECTION 7: Payment of the amount to be paid to Grantor
by Grantee under the terms of Section 6 hereof shall be made
in advance by estimated monthly installments commencing ninety
(90) days after the effective date of this grant, Each esti-
mated monthly installment shall be calculated on the basis
of ninety percent (90%) of Grantee's revenues (as defined in
Section 6) for the monthly billing period ending sixty (60)
days prior to each scheduled monthly payment. The final
installment for each fiscal year of this grant shall be ad-
justed 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,
said Grantor agrees not to engage in the business of distribut-
ing and selling electricity during the life of this franchise,
or any extension thereof, in competiton with the Grantee, its
successors and assigns.
-3-
SECTION 9: That failure on the part of Grantee to com-
ply in any substantial respect with any of the provisions of
this Ordinance 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 Grantee, until a court of
competent jurisdiction (with right of appeal in either party)
shall have found that Grantee has failed to comply in a substan-
tial respect with any of the provisions of this franchise, and
the Grantee shall have six (6) months after the final determin-
ation of the questions to make good the default before a forfeit-
ure shall result, with the right in Grantor, at its discretion,
to grant such additional time to Grantee for compliance as
necessities in the case require.
SECTION 10: If any section ~r portion of a section of this
Ordinance proves to be invalid, unlawful, or unconstitutional,
it shall not be held to invalidate or impair the validity, force
or effect of any other section or part of this Ordinance.
SECTION 11: That all ordinances or parts of ordinances
in conflict herewith, be and the same are hereby repealed.
SECTION 12: This Ordinance shall become effective upon
the date when Florida Power & Light Company files its accept-
ance in writing.
PASSED and ADOPTED this 27th day of October
A.D. 1980 ....
Mayor
Attest:
City of Sanfo ,
-4-
CERTIFICATE
I, H. N. Tamm, Jr., City Clerk of the City of Sanford, Florida,
do hereby certify that a true and correct copy of the foregoing Ordi-
nance No. 1528, PASSED and ADOPTED by the City Commission of the City
of Sanford, Florida, on the 27th day of October, 1980, was POSTED at
the front door of the City Hall in the City of Sanford, Florida, on
the 29th day of October, 1980.
City of Sanford, Florida
ACCEPTANCE OF ELECTRIC FRANCHISE
ORDINANCE NO. 1528
BY FLORIDA POWER & LIGHT COMPANY
City of Sanford
Sanford, Florida November 26, 1980
Florida Power & Light Company does hereby accept the
electric franchise in the City of Sanford, Florida, granted by
Ordinance No. 1528, being:
"AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,
AMENDING AND EXTENDING ORDINANCE NO. 580 OF
SAID CITY; SAID ORDINANCE BEING A FRANCHISE
TO FLORIDA POWER & LIGHT COMPANY; SAID AMEND-
MENT EXTENDING SAID FRANCHISE FOR A PERIOD OF
THIRTY (30) YEARS, AND PROVIDING FOR MONTHLY
PAYMENTS OF FEES TO THE CITY OF SANFORD,
FLORIDA~ PROVIDING FOR SEVERABILITY, CONFLICTS
AND EFFECTIVE DATE."
which was passed and adopted on October 27, 1980.
This instrument is filed with the City Clerk of the
City of Sanford, Florida, in accordance with the provisions of
Section 2 of said ordinance.
FLORIDA POWER & LIGHT COMPANY
Vice Pres ent
ATTEST:
Company, and certify that I have filed the same for record in the
permanent files and records of the City of Sanford, Florida on
this 26th day of November, 1980.
, city Cier of the City of
'~' Sanford, Florida
CERTIFICATE
In connection with Ordinance No. 1528, being AN ORDINANCE
OF THE CITY OF SANFORD, FLORIDA, AMENDING AND EXTENDING ORDINANCE
NO. 580 OF SAID CITY~ SAID ORDINANCE BEING A FRANCHISE TO FLORIDA
POWER & LIGHT COMPANY~ SAID AMENDMENT EXTENDING SAID FRANCHISE
FOR A PERIOD OF THIRTY (SO) YEARS, AND PROVIDING FOR MONTHLY PAYMENTS
OF FEES TO THE CITY OF SANFORD, FLORIDA~ PROVIDING FOR SEVERABILITY,
CONFLICTS AND EFFECTIVE DATE, I hereby certify as follows:
a. The City Commission met on October 13 ,
1980 when proposed Ordinance No. 1528 granting a franchise to
Florida Power & Light Company was read (by title/4{~-~-14) for the
first time. It was agreed to read it for the second time on October
27, 1980.
On October 27, 1980, the City Commission met and Ordinance
No. 1528 was read (by title/4~t~-) for the second time. Those
present were:
Mayor-Co~mmissioner Lee P. Moore
Commissioner John G. Morris
Commissioner Julian L. Stenstrom
Commissioner David T. Farr
Commissioner Edwin O. Keith
The ordinance was adopted as Ordinance No. 1528.
b. On October 17, 1980, following passage at first
reading, notice of proposed enactment of Ordinance No. 1528 was
published in a newspaper of general circulation in the City of
Sanford and the Ordinance No. 1528 as proposed and adopted was
maintained for inspection by the public at City Clerk's Office, City Hall,
Sanford, FL ·
c. Upon its final passage on October 27, 1980,
Ordinance No. 1528 was signed by the Presiding Officer and the
Members of the City Commission and City Clerk of the City of
Sanford, and recorded in a book kept for that purpose, the
respective votes of each member of the City Commission were
recorded in the record of the meeting.
This 26th day of November, 1980.
..... Clerk of the City of
".~ · Sanford, Florida