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HomeMy WebLinkAboutCity of Tamarac Ordinance O-1976-057Prul)osed by: CAYIX ► a-doz-. Introduced by: U�Lk Temp. # 4 I S 7/ 259b4 CITY OF TAMARAC, FLORIDA ORDINANCE NO. '7o -,5? AN ORDINANCE GRANTING TO FLORIDA POWER & LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS AN ELECTRIC FRANCHISE, AND IMPOSING PROVISIONS AND CONDITIONS RELATING THERETO.AND REPEALING ORDINANCE 64-10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: r SECTION 1: That there is hereby granted to Florida �► -Y� Power & Light Company (herein called the "Grantee"), its successors and assigns, the non-exclusive right, privilege or franchise to �j construct, maintain and operate in, under; upon, over and across Z' the present and future streets, alleys, bridges, easements and w 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 (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 Z: 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 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 M (;) m -n 0_n a%� cc to m csr 1�. 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 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 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 misconduct of Grantee in the con- struction, operation 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 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 MM.7 0 -r, early payment or any interest or penalty for late payment), licenses' n 00 and other impositions levied or imposed by the Grantor upon the W c© Grantee's electric property, business, or operations, and those of Grantee's electric subsidiaries for the preceding tax year, will M C'7 rD -2- equal 6% of Grantee's revenues from the sale of electrical energy to residential, commercial and industrial customers 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 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 overpayment 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 ordinance, shall be grounds for a forfeiture of this grant, but no such forfeiture shall take effect if the reasonableness 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 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 m T 0 `r case require. rn 00 M A Gi C►1 C� -3- Cz F� I 1 I SECTION 10: This ordinance shall take effect on the date upon which Grantee files its acceptance. SECTION 11: That if for any reason this Ordinance shall be held to be invalid it is the declared intent of the City Council that this Ordinance shall then be held to be inoperative and Ordinance #64-10 of the City of Tamarac shall be and remain in full force and effect. PASSED FIRST READING this_11 day of NOVEMBER, 1976. PASSED SECOND READING this 8th day of DECEMBER, 1976 PASSED AT RECONSIDERATION OF SECON READI G on the 12th day of January 1977 'a ,...........�.� , Mayor /W w� Q� k . ATT,E aI W. W� t li'1`6. TY CLERK I HEREBY CERTIFY that I have approved the form and correctness of this Ordinance. CITY PIMNLY, WILL M GEMMILL RECORD OF COUNCI VOTE MAYOR W, FAL4ER-,.4i V/M H. MASSA C/W M. KELCH C/M O. TUCKER C/M M. WEINBE RECORD OF COUNCIL VOTE MAYOR W. FALCK� _..— V/M H. MASSARO_ C/W M, KELCH C/M 0, TUCKER C/M M. WEINBERGER ;r7c:J M 71 0 `r', at second and final reading dated January 12, 1977 ACCEPTANCE OF ELECTRIC FRANCHISE ORDINANCE NO. 76-57 BY FLORIDA POWER & LIGHT COMPANY Dated: January 26, 1977 City of Tamarac Tamarac, Florida Florida Power & Light Company does hereby accept the electric franchise in the City of Tamarac, Florida, granted by Ordinance No. 76--57, being: "AN ORDINANCE GRANTING TO FLORIDA POWER & LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS AN ELECTRIC FRANCHISE, AND IMPOSING PROVISIONS AND CONDITIONS RELATING THERETO." which was passed and adopted on January 12, 1977. This instrument is filed with the City Clerk of the City of Tamarac, Florida, in accordance with the provisions of Section 2 of said Ordinance. ATTEST: wm / FLORIDA POWER & LIGHT COMPANY By Se nor Vice r'es jLdeiit ... :w r,� I HEREBY ACKNOWLEDGE receipt of the above Acceptance of Electric Franchise Ordinance No. 76-57 by Florida Power & Light Company, and certify that I have filed the same for record in the permanent files and records of the City of Tamarac, Florida, on this :�P � day of , 1977. Ass' t Aityy4e6k/6f ;the Ci of Tamarac s f10,rj,da 4i hi• .r v c_l) M _•rj as CC :o -o n rrj to C71 Uz C E R T I F I C A T E In connection with Ordinance No. 76-57, being AN ORDINANCE GRANTING TO FLORIDA POWER & LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC FRANCHISE, AND IMPOSING PROVISIONS AND CONDI- TIONS RELATING THERETO, I hereby certify as follows: a. The City Council met on January 12, 1977 to read and act on franchise to Florida Power & Light Company. Those present were: Walter W. Falck, Mayor Helen Massaro, Vice Mayor Marjorie Kelch, Councilwoman Oscar L. Tucker, Councilman Morton Weinberger, Councilman The Ordinance had been read on November 11, 1976 for the first time. It was agreed to read it for the second time on January 12, 1977. The Ordinance was read and adopted as Ordinance No. 76-57. b. On January 5, 1977 notice of porposed enactment of Ordinance No. 76-57 was published in a newspaper of general circu- lation in the City of Tamarac and the Ordinance No. 76-57 as proposed and adopted was maintained for inspection by the public at the Office of the City Clerk, Tamarac City Hall. C. Upon its final passage on January 12, 1977, Ordinance No. 76-57 was signed by the Mayor and City Clerk of the City of Tamarac and recorded in a book kept for that purpose, and the respective votes of each member of the City Council present were recorded in the record of the meeting. This day of 1977. Ass City C rk of the Cit3rof Tamarac, Florida ALCDRDED IN THE QFFICiAL RECORDS Bog* DF BRi1WAiiD r;[;1rNlY ' iuRrDA %.'A 7'. CAuNn' ADMINIS� �rp�r