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.
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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.
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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
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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
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