178-FPL 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-I
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 cqmpany 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 Con~nission
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 p~actice with respect to electrical
construction and maintenarce, 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) day~ 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
anyof 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
the construction, operation or maintenance of its facilities
hereunder.
SECTION 5: That all rates and rules and regulations
established by Grantee from time to time shall, st all times,
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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 l~te 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 paidlto 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 furthe~ consideration of this franchise,
said Grantor agrees not to engage in the business of distribut-
ing and selling electricity during the life o~ this franchise,
or any extension thereof, in competiton with the Grantee, its
successors and assigns.
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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-
tia~_.[espect 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.
s/ Lee P. Moore
Mayor
Attest:
s/ H. N. Tamm, Jr.
City Clerk
s/ John G. Morris
s/ Julian L. Stenstrom
s/ David T. Farr
s/ Edwin O. Keith
As the City Coum~ission of the
City of Sanford, Florida
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