Loading...
HomeMy Public PortalAboutRES 76/02 (B)RESOLUTION NO. 76- 2 A RESOLUTION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, REQUESTING SUPPORT FOR THE ENACTMENT OF A REPEAL OF ARTICLE V, SECTION 20 (D) (4) OF THE FLORIDA CONSTITUTION PERMITTING THE CONTINUED EXISTENCE OF MUNICIPAL COURTS. WHEREAS, Article V, Sec. 20 (D) (4) of the Constitution of the State of Florida, provides in pertinent part that all municipal Courts not previously abolished shall cease to exist as of January 3, 1977, and WHEREAS, By virtue of said Article V, Sec. 20 (D) (4), the County Courts shall be vested with the jurisdiction to process all cases which prior to January 3, 1977 were provessed by the Municipal Courts, and said Article V, Sec. 20 (D) (4) further provides that the State Attorney's Office shall be charged with the added responsibility of prosecuting said cases, and WHEREAS, surveys indicate that since the adoption of said Article V, Sec. 20 (D) (4) by the electorate, there have been vast increases in the permanent resident population of the Town of Gulf Stream and other towns similarly situated, and that likewise said population rises more than 100% during the tourist seasons and as a result thereof there has been a marked increase in the case loads processed by the Municipal Courts, and likewise same has added greater burdens which are assumed by the various Police Departments, and WHEREAS, present conditions evidence the strong need to continue said Municipal Courts and to avoid the abolition of same in order to prevent undue hardships and traumatic affects as a result thereof, as follows; 1. Gulf Stream and towns similarly situated stand to lose considerable revenues which have been realized from their Municipal Courts. 2. Police protection shall be diminished if and when police officers are required to travel out of Town limits in order to testify as witnesses before County Courts. This will pose a most serious problem particularly in these days of high crime if said officers should be needed in their respective Town for immediate emergency calls. This situation will also add a financial burden to cities and towns which would be required to pay extra compensation to said police officers for the time they spend in said County Courts. 3. Many residents charged with traffic or ordinance violations likewise would be required to travel to distant places outside the Town limits. 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 -2- (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 11th day of ,Tune , 1976. 1-0.91 - Z Attest: Town C1erk1T- -3-