Ordinance 002 FP&L FranchisePage
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ORDINANCE #2
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA, GRANTING TO FLORIDA POLdER & LIGHT COMPADiY, ITS SUCCESSORS
AND ASSIGNS, AN ELECTRIC FRANCHISE, AND IMPOSING PROVISIONS AND CONDITIONS
RELATING THERETO:
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BE IT ORDAINED BY TfT.E VILLAGE COUNCIL OF NORTH PALM BEACH,
FLORIDA:-
Section 1. That there is hereby granted to Florida Power &
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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 of The Village of North
Palm Beach, 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 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 Grantor, and its successors,
the inhabitants thereof, and persons and corporations beyond the limits thereof.
Section 2. That Grantor hereby reserves the right at and after
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the expiration of this grant to purchase the property of Grantee used under
this grant, as provided by the Laws of Florida, in effect at the time of Grantee's
acceptance hereof, including Section 167.22 of the Florida Statutes of 1955, and
as a condition precedent to the taking effect of this grant, Grantee shall give
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and grant to the Grantor the right to purchase so reserved. Grantee shall be
deemed to have given and granted such right of purchase by its acceptance hereofi
which shall be filed with the Grantor's clerk within thirty (30) days after this
ordinance takes effect.
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 ah3
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
unreasonably to interfere with the proper operation of Grantee's facilities and
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service. That when any portion of a street is excavated by Grantee in the
location 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 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 constriction, operation or
maintenance by Grantee of its facilities hereunder, and the acceptance of this
ordinance shall be deemed an agreement on the part of 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 facil-
ities 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 regulation as may be
provided by law.
Section 6. That within thirty days after the first anniversary
date .of this grant and within thirty days after each succeeding anniversary date
of this grant, the Grantee, its successors and assigns, shall pay to the Grantor
and its successors an amount which added to the amount of all taxes, licenses,
and other impositions levied or imposed by the Grantor upon the Grantee's elec-
tric property, business, or operations, and those of Grantee's electric subsid-
iaries for the preceding tax year, will equal 6% of Grantee's revenues from the
sale of electrical energy to residential and commercial customers within the
corporate limits of the Grantor for the twelve fiscal months preceding the applic-
able anniversary date.
Section 7. As a further consideration of this franchise, said
Grantor agrees not to engage in the business of distributing and selling elec-
tricity during the life of this franchise or any extension thereof in competition
with the Grantee, its successors and assigns.
Section 8. That failure on the part of Grantee to comply in any
substantial respect with any of the provisions of this ordinance, shall be grounds
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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
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competent jurisdiction (with right of appeal, in either party) shall have found
that Grantee has failed to comply in a substantial respect with any of the pro-
visions of this franchise, and the Grantee shall have six (6) months after the
final determination of the question, to make good the default before a forfeit-
ure shall result with the right in Grantor at its discretion to grant such ad-
ditional time to Grantee for compliance as necessities in the case require.
Section 9. This ordinance shall take effect in accordance with
the provisions of the Charter of The Village of North Palm Beach, Florida.
Section 10. That all ordinances and parts of ordinances in con-
flict herewith be and the same are hereby repealed.
Introduced and passed on first reading at the regular session of
the Village Council on the 14th day of September, 1956, and passed on second and
final reading at the regular session of the Village Council on the 22nd day of
July, 1957.
(SEAL)
ATTEST:
SJ Charles A, Cunningham
M&yor
S/ Robert C. Tufford
Village Clerk
The foregoing Ordinance approved on the
22nd day of July, 1957.
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