Ordinance 1980-014 FP&L FranchiseORDINANCE N0. 14-SO
AN ORllINANCF. G]2ANTING TO FLORIDA POWER & LIGHT COMPANY, ITS
SUCCESSORS AND ASSIGNSy AN EhECTRIC FRANCHISE, IMPOSING PROVISIONS AND
CONllITIONS R};EATING THERETO, AND PROVIDING FOR MONTHLY PAYMENTS TO THC
t VILl.AGF,.
RE IT ORllAINED RY THE VILLAGE COUNCIL OF NORTH PALM REAC}[, F}.OK1llA:
Section 1.. That there is hereby granted to Florida Power & bight
Company (herein called the "Grantee"), its successors and assigns, the
non-exc].usi.ve right, privilege or franchise to construct, mai.ntai.n and
operate in, under, upon, over and across the present and future streets,
a]leys, bridges, easements and other public places in the Village of
North Palm Reach, 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 acrd 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 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 sha7.l 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 desilnrate for the purpose, but not so as unreasonably to interfere
with the proper operation of Grantee's facilities and service. That
when any portion of a street is excavated by Grantee i.n 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 prac-
ticab]s after such excavation, be replaced by the Grantee at its
expense and i.n as good condition as it was at the time of such
excavation.
' Section 4. That Grantor shall in no way be liable or res-
ponsible 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 at all times be reasonable and
Grantee's rates for electricity shall at all times be subject to such
re},nil.ation as may be provided by law.
' Section G. That no later than sixty days after the first
anniversary date of this grant and no later than sixty days after
each succeeding amriversary date of this grant, the Grantee, its
successors and assigns, shall have paid to the Grantor and its
successors an amourrt 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 oi'
Grantee's electric subsidiaries for the preceding tax year, will.
equal G% 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 canmencing ninety (90) days after
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the effective date of this grant. Each estimated 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 (G O) 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,
said 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. That failure on the part of Grantee to comply i.n
any substantial respect with any of the provisions of this ordinance,
shall he grounds for a forfeiture of this grant, but no such forfeiture
shall. take effect if the reasonableness propriety thereof is protested
by Grantee until a court of competent jurisdiction (with right of appeal
i.n ei.ther party) shall have found that 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
oi' the question, to make good the default before a forfeiture shall
result with the right in Grantor at its discretion to grant such
additional tune to Grantee for compliance as necessities in the
case require.
Section 10, T}ris ordinance shall take effect on the date
upon which Grantee files its acceptance.
Section 1].. Should any section or provision of this ordinance
or any portion hereof be declared by a court of competent juri.sdicti.on
to be invalid, such decision shall not affect the validity of the
remainder hereof as a whole of any part hereof, other than the part
' declared to be invalid.
Section 12. That all ordinances and .parts of ordinances in
conflict herewith be and the same are hereby repealed.
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PASSI;ll First reading this 26th day of June, 1980.
PASSED final reading this 10th day of July, 1980.
(Presiding Officer)
ATTI;ST:
~I-Ge-.-c-~J
Village Clerk
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