HomeMy Public PortalAboutORD 76/02ORDINANCE NO. 76-2
AN ORDINANCE GRANTING TO FLORIDA POWER &
LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS
AN ELECTRIC FRANCHISE, AND IMPOSING PRO-
VISIONS AND CONDITIONS RELATING THERETO.
BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF GULF
STREAM, 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 con-
struct, maintain and operate in, under, upon, over and across the
present and future streets, alleys, bridges, easements and other
public places of the Town of Gulf Stream, 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, 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 relo-
cated 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 unreasonably 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 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 respon-
sible 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 mis-
conduct of Grantee in the construction, operation or maintenance
of its facilities hereunder.
Section 5. That all rates and rules and regulations estab-
lished by Grantee from time to time shall at all times be reason-
able and Grantee's rates for electricity shall at all times be
subject to such regulation as may be provided by law.
Section 6. That no later than sixty days after the first
anniversary date of this grant and no later than sixty 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 6% of Grantee's revenues from the sale of
electrical energy to residential, commercial and industrial custo-
mers within the corporate limits of the Grantor for the twelve
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 days
after the effective date of this grant. Each estimated monthly
installment shall be calculated on the basis of ninety percent
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(90%) of Grantee's revenues (as defined in Section 6) for the
monthly billing period ending sixty 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 over-
payment 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 in
any substantial respect with any of the provisions of this ordi-
nance, shall be grounds for a forfeiture of this grant, but no
such forfeiture shall take effect if the reasonableness or pro-
priety 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 substantial respect
with any of the provisions 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 forfeiture 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. This ordinance shall take effect on the date upon
which Grantee files its acceptance.
Section 11. That all ordinances and parts of ordinances in
conflict herewith be and the same are herewith repealed.
PASSED AND ADOPTED THIS 11H, day of Tune , 1976.
Attest:
Town Clerld
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I I�'1YOR