Loading...
HomeMy Public PortalAbout11/22/1947,i MEETING OF TOWN COMMISSION TOWN OF GULF STREAMS FLORIDA A meeting of the Town Commission of the Town of Gulf Stream, Florida, was held at the Town Commission room in the Gulf Stream Golf Club Building, in the Town of Gulf Stream, Florida at 11:00 o'clock AMA Saturday, November ?2, 1947, with all of the Town Commissioners being present, namely: Mayor, W. Seward-Webbg Vice - Mayor, L. Seton Lindsay; Clerkq William Bauer. The Purpose of the calling and holding of this meeting was explained by the Mayor as being to consider a proposal by the Florida Power and Light Company, to have adopted a "PROPOSED OR- DINANCE OF THE TOWN OF GULF STREAM GRANTING A PUBLIC FRANCHISE ". The Mayor introduced to the Commissioners, Mr. Charles Senior, local Manager of the Florida Power and Light Company, who was present at the said meeting, together with the Town Attorney, C. Y. Byrd, who advised the Commission of the provision of said "Proposed Electric Franchise Ordinance ". Commissioner Lindsay moved that all formal notice of the calling of this Special Meeting be duly waived, said motion was seconded by Commissioner Bauer, and on roll call, those voting in favor of the motion were Lindsay, Bauer and Webb. Mr. Senior, local Manager of the Florida Power and Light Company, explained to the Commission that the "Proposed Electric Franchise Ordinance ", which had been recently adopted and approved by the City of Delray Beach, Town of Boynton Beach and Town of Boca Raton is similar to this ordinance and that said ordinance was one which his company had worked upon and felt that it was a fair Ordinance for both the Town and the Company. � r 1 a� � r I l After considerable discussion of the merits and demerits of the Ordinance, Commissioner Lindsay moved that said Ordinance be introduced and read in full for the first time at this meeting and adopted on its first reading, which motion was seconded on by Commissioner Bauer, and on roll call the following commissioners voted in favor of the motion; Lindsay, Bauer and Webb, whereupon, said "PROPOSED ORDINAP ?CE Or THE TOWN OF GULF STREAM GRANTING A PUBLIC FRANCHISE" was read in full as follows: " A PROPOSED ORDINANCE OF THE TOWN OF GULF STREAM GRANTING A PUBLIC FRANCHISE" Ordinance No. AN ORDINANCE GRANTING TO FLORIDA POLNER AND LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC FRANCHISE, AND IMPOSING PROVISIONS AND CONDITIONS RELATING THERETO: BE IT ORDAINED BY THE TOIN C0136ISSION 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 right, privilege or franchise to construct, main- tain and operate in, under, upon, over and across the present and future streets, alleys, bridges, easements and other pub- lic 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 here- of 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 II. That Grantor hereby reserves the right at and after 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 1941, and as a condition precedent to the taking effect of this grant, Grantee shall give and grant to the Grantor the right to purchase so re- served. Grantee shall be deemed to have given and granted such right of purchase, by its acceptance hereof, which shall be filed with the Grantor's clerk within thirty (3C) days after *his ordinance takes effect. -2- Section III. That the facilities shall be so located or re- located 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 abutt- ing 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 in- terfere 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 reason- able time and as early as practicable after such excavation, be replaced by the Grantee at its expense and in as good con- dition as it was at the time of such excavation. Section IV. That Grantor shall in no way be liable or respon- sible for any accident or damage that may occur in the con - struction, operation or maintenance by Grantee of its facilities hereunder, and the acceptance of this ordinance shall be deemed and 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 maintenanc e of its facilities hereunder. Section V. That all rates and rules and regulations estab- lished by Grantee from time to time shall at all times be reasonable and Grantee's rates ror electricity shall at all times be subjec t to such regulation as may be provided by law. Section VI. That within thirty daysafter the first anniver- sary 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 success- ors an amount which added to the amount of all taxes, licenses, and other impositions levied or imposed by the Grantor upon the Grantee's property, business, or operations, and those of Grantee's subsidiaries for the preceding tax year, will equal 6% of Grantee's revenues from the sale of electricial energy to residential and commercial customers within the corporate limits of the Grantor for the twelve fiscal months preceding the applicable anniversay date. Section VII. As a further consideration of this franchise, said Grantor agrees not to engage in the business of dis- tributing and selling electricity during the life of this franchise or any extension thereof in competition with the Grantee, its successors and assigns. Section VIII. That failure on the part of Grantee to comply in any substantital respect with any o *' the provisions of this ordinance, shall be grounds for a forfeiture of this grant, but no such forfeiture shall take effect if the reasonable- ness 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 substantial respect with any of the provisions -3- 0 Section VIII. Continued - 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 IX. This ordinance shall take effect upon its becom- ing a law. Section X. That all ordinances and parts of ordinances in conflict herewith be and the same are hereby repealed. PASSED AND ADOPTED this Attest: Town Clerk Commissioner. day of 11947. Signed: Title Mayor- Commissioner Commissioner Lindsay moved that in view of the fact that there was no newspaper published in the Town of Gulf Stream, that a copy of said "Proposed Ordinance of the Town of Gulf Stream Granting A. Public Franchise ", be immediately posted at the door of the Town hall and the samebeing the south door of the Town Commission room at the Gulf Stream Golf Club, Club House, in the Town of Gulf Stream, Florida, and that said copy of Proposed Ordinance remain posted in full view of the public until such time as the Town Commission holds its next meeting which meeting has been tentatively set for.December 23, 1947. Motion was seconded by Commissioner Bauer and upon roll call the following commissioners voted in favor of the motion: Lindsay, Bauer and Webb. Commissioner Bauer moved that in view of the facts pre- sented by Mr. Senior, and was explained to the Town Commission by Attorney Byrd, the Proposed Ordinance must remain posted for at least thirty (30) days and cannot be placed on a second reading and final adoption until thirty (30) days from this date. Thereupon -4-