HomeMy WebLinkAboutCity of Tamarac Ordinance O-1964-0100
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ORDINANCE NO. 64--10
AN ORDINANCE GRANTING TO FLORIDA POWER & LIGHT
COMPANY, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC
FRANCHISE, AND IMPOSING PROVISIONS AND CONDITIONS
RELATING THERETO.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA:
SECTION 1. That there is horeby granted to Florida Power &
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 City of Tamarac, 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 (includ-
ing 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 inhabi-
tants thereof, and persons and corporations beyond the limits
thereof.
SECTION 2. 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, and as a condition prece-
dent to the taking effect of this grant, Grantee shall give and
grant to the Grantor the right to purchase so reserved. Grantee
shall be deemed to have given and granted such right of pur-
chase by its acceptance hereof, which shall be filed with the
Grantor's Clerk within thirty 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 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 zo excavated
shall, within a reasonable time and as early as practicable
after such excavation, be replaced by the Grantee at its ex-
pense 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 construction,
operation or maintenance by Grantee of its facilities hereunder,
and the acceptance of this Ordinance shall be deemed an agree-
ment 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, opera-
tion or maintenance of its facilities hereunder.
SECTION S. 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 sha11 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
electric property, business or operations and those of Grantee's
electric subsidiaries for the preceding tax year, will equal six
per cent 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
applicable anniversary date.
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SECTION 7. 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 ex-
tension 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 for a forfeiture of this grant, but no such for-
feiture shall take effect if the reasonableness or propriety
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thereof is protested by Grantee until a court of competent juris-
diction (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 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 9. This Ordinance shall take effect in accordance with
the provisions of the Charter of the City of Tamarac, a municipal
corporation of Florida.
SECTION 10. That all Ordinances and parts of Ordinances in con-
flict herewith be and the same are hereby repealed.
PASSED FIRST READING THIS 5th DAY OF OCTOBER, 1964.
PASSED SECOND READING THIS 2nd DAY OF NOVEMBER, 1964.
PASSED THIRD READING THIS 7th DAY OF DECEMBER, 1964.
ATTEST:
Clerk
Mayor
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