HomeMy WebLinkAboutCity of Tamarac Ordinance O-2002-014Ll
Temp. Ord. # 1969
Page 1
May 29, 2002
CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 0-2002- /7
AN ORDINANCE GRANTING TO FLORIDA
POWER & LIGHT COMPANY, ITS SUCCESSORS
AND ASSIGNS, AN ELECTRIC FRANCHISE,
IMPOSING PROVISIONS AND CONDITIONS
RELATING THERETO, PROVIDING FOR
MONTHLY PAYMENTS TO THE CITY OF
TAMARAC, AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, there is currently in effect a franchise agreement
between the City of Tamarac, Florida and Florida Power & Light Company,
the terms of which are set forth in City of Tamarac Ordinance No. 76-57,
passed and adopted January 12, 1977, and Florida Power & Light
Company's written acceptance thereof dated January 26, 1977, granting to
Florida Power & Light Company, its successors and assigns, a thirty (30)
year electric service franchise (the "Current Franchise Agreement," a true
copy of which is attached hereto as Exhibit "A"); and
WHEREAS, the City of Tamarac filed a complaint against Florida
Power Light Company in that certain cause styled City of Pompano Beach,
Florida, et al. v. Florida Power & Light Company, In the Circuit Court of the
17t" Judicial Circuit in and for Broward County, Florida, Case No. 01-008883
(03) (the "Lawsuit," a true copy of which is attached hereto as Exhibit "B" );
and
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Temp. Ord. # 1969
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May 29, 2002
WHEREAS, the Lawsuit challenged the amount of franchise fees
payable by Florida Power & Light Company to the City under Section 6 of
the Current Franchise Agreement, and asked the Court to reform the
Current Franchise Agreement to increase the amount of franchise fees
payable thereunder; and
WHEREAS, Florida Power & Light Company vigorously disputed
the allegations and claims in the Lawsuit; and
WHEREAS, the City of Tamarac and Florida Power & Light
Company desire to settle the Lawsuit by entering into a new thirty (30) year
franchise agreement with the terms set forth below ("New Franchise
Agreement") prior to expiration of the Current Franchise Agreement, and
dismissing all of the City of Tamarac's claims against FPL in the Lawsuit
with prejudice; and
WHEREAS, the New Franchise Agreement is intended to settle
and bar any and all claims by the City of Tamarac relating in any way to the
amount of franchise fees payable by Florida Power & Light Company to the
City, including without limitation any and all claims relating to the amounts
and revenues used to calculate and pay such franchise fees, including but
not limited to any and all claims that were or could have been asserted in
the Lawsuit and any and all claims under Section 5 of the New Franchise
Agreement, including without limitation any and all claims relating to the
amounts and revenues used to calculate the franchise fee under that
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Temp. Ord. # 1969
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May 29, 2002
section; and
WHEREAS, the City of Tamarac understands and agrees that the
revenues described in Section 5 of the New Franchise Agreement are
limited to the precise revenues described therein, and that such revenues
do not include, by way of example and not limitation: (a) revenues from
demand charges, (b) revenues from the sale of electrical energy for Public
Street and Highway Lighting (service for lighting public ways and areas); (c)
revenues from Other Sales to Public Authorities (service with eligibility
restricted to governmental entities); (d) revenues from Sales to Railroads
and Railways (service supplied for propulsion of electric transit vehicles); (e)
revenues from Sales for Resale (service to other utilities for resale
purposes); (f) franchise fees; (g) Late Payment Charges; (h) Field Collection
Charges; (i) other service charges; and
WHEREAS, the New Franchise Agreement will provide
substantially increased benefits to the City of Tamarac; and
WHEREAS, the City Council of the City of Tamarac deems it wise
and in the best interest of the City and its citizens to enter into the New
Franchise Agreement prior to expiration of the Current Franchise
Agreement; and
WHEREAS, the City Council of the City of Tamarac has had advice
of its attorneys as to the meaning, intent, purpose and legality of the New
Franchise Agreement;
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WHEREAS, the City Council of the City of Tamarac ("City")
recognizes that the citizens of the City need and desire the benefits of electric
service; and
WHEREAS, the provision of such service requires substantial
investments of capital and other resources in order to construct, maintain and
operate facilities essential to the provision of such service in addition to costly
administrative functions, and the City does not desire to undertake to provide
such services; and
WHEREAS, Florida Power & Light Company is a public utility which
has the demonstrated ability to supply such services; and
WHEREAS, Florida Power & Light Company and the City desire to
enter into a franchise agreement providing for the payment of fees to the City
in exchange for the nonexclusive right and privilege of supplying electricity and
other services within the City free of competition from the City, pursuant to
certain terms and conditions; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
TAMARAC, FLORIDA:
Section 1. There is hereby granted to Florida Power & Light
Company, its successors and assigns (herein called the "Grantee"), for the
period of 30 years from the effective date hereof, the non-exclusive right,
privilege and franchise (herein called "franchise") to construct, operate and
maintain in, under, upon, along, over and across the present and future roads,
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streets, alleys, bridges, easements, rights -of -way and other public places
(herein called "public rights -of -way") throughout all of the incorporated areas,
as such incorporated areas may be constituted from time to time, of the City of
Tamarac, Florida, and its successors (herein called the "Grantor"), in
accordance with the Grantee's customary practice with respect to construction
and maintenance, electric light and power facilities, including, without
limitation, conduits, poles, wires, transmission and distribution lines, and all
other facilities installed in conjunction with or ancillary to all of the Grantee's
operations (herein called "facilities"), for the purpose of supplying electricity
and other electricity related services to the Grantor and its successors, the
inhabitants thereof, and persons beyond the limits thereof.
Section 2. The facilities of the Grantee shall be installed, located or
relocated so as to not unreasonably interfere with traffic over the public rights -
of -way or with reasonable egress from and ingress to abutting property. To
avoid conflicts with traffic, the location or relocation of all facilities shall be
made as representatives of the Grantor may prescribe in accordance with the
Grantor's reasonable rules and regulations with reference to the placing and
maintaining in, under, upon, along, over and across said public rights -of -way;
provided, however, that such rules or regulations (a) shall not prohibit the
exercise of the Grantee's right to use said public rights -of -way for reasons
other than unreasonable interference with motor vehicular traffic, (b) shall not
unreasonably interfere with the Grantee's ability to furnish reasonably
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Temp. Ord. # 1969
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May 29, 2002
sufficient, adequate and efficient electric service to all of its customers, and (c)
shall not require the relocation of any of the Grantee's facilities installed before
or after the effective date hereof in public rights -of -way unless or until
widening or otherwise changing the configuration of the paved portion of any
public right-of-way used by motor vehicles causes such installed facilities to
unreasonably interfere with motor vehicular traffic. Such rules and regulations
shall recognize that above -grade facilities of the Grantee installed after the
effective date hereof should be installed near the outer boundaries of the
public rights -of -way to the extent possible. When any portion of a public right-
of-way is excavated by the Grantee in the location or relocation of any of its
facilities, the portion of the public right-of-way so excavated shall within a
reasonable time be replaced by the Grantee at its expense and in as good
condition as it was at the time of such excavation. The Grantor shall not be
liable to the Grantee for any cost or expense in connection with any relocation
of the Grantee's facilities required under subsection (c) of this Section, except,
however, the Grantee shall be entitled to reimbursement of its costs from
others and as may be provided by law.
Section 3. The Grantor shall in no way be liable or responsible for
any accident or damage that may occur in the construction, operation or
maintenance by the Grantee of its facilities hereunder, and the acceptance of
this ordinance shall be deemed an agreement on the part of the Grantee to
indemnify the Grantor and hold it harmless against any and all liability, loss,
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May 29, 2002
cost, damage or expense which may accrue to the Grantor by reason of the
negligence, default or misconduct of the Grantee in the construction, operation
or maintenance of its facilities hereunder.
Section 4. All rates and rules and regulations established by the
Grantee from time to time shall be subject to such regulation as may be
provided by law.
Section 5. As a consideration for this franchise, the Grantee shall
pay to the Grantor, commencing 90 days after the effective date hereof, and
each month thereafter for the remainder of the term of this franchise, an
amount which added to the amount of all licenses, excises, fees, charges and
other impositions of any kind whatsoever (except ad valorem property taxes
and non -ad valorem tax assessments on property) levied or imposed by the
Grantor against the Grantee's property, business or operations and those of
its subsidiaries during the Grantee's monthly billing period ending 60 days
prior to each such payment will equal 5.9 percent (5.9%) of the Grantee's
billed revenues, less actual write-offs, from the sale of electrical energy to
residential, commercial and industrial customers within the incorporated areas
of the Grantor for the monthly billing period ending 60 days prior to each such
payment, and in no event shall payment for the rights and privileges granted
herein exceed 5.9 percent (5.9%) of such revenues for any monthly billing
period of the Grantee.
Section 6. If during the term of this franchise the Grantee enters
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into a franchise agreement with any other municipality located in Broward
County, Florida, the terms of which provide for the payment of franchise fees
by the Grantee at a rate greater than 6 percent of the Grantee's residential,
commercial and industrial revenues, under the same terms and conditions as
specified in Section 5 hereof, the Grantee, upon written request of the Grantor,
shall negotiate and enter into a new franchise agreement with the Grantor in
which the percentage to be used in calculating monthly payments under
Section 5 hereof shall be no greater than that percentage which the Grantee
has agreed to use as a basis for the calculation of payments to the other
Broward County municipality, provided, however, that such new franchise
agreement shall include benefits to the Grantee, in addition to all benefits
provided herein, at least equal to those provided by its franchise agreement
with the other Broward County municipality. Subject to all limitations, terms
and conditions specified in the preceding sentence, the Grantor shall have the
sole discretion to determine the percentage to be used in calculating monthly
payments, and the Grantee shall have the sole discretion to determine those
benefits to which it would be entitled, under any such new franchise
agreement.
Section 7. As a further consideration, during the term of this
franchise or any extension thereof, the Grantor agrees: (a) not to engage in
the distribution and/or sale, in competition with the Grantee, of electric
capacity and/or electric energy to any ultimate consumer of electric utility
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Temp. Ord. # 1969
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May 29, 2002
service (herein called a "retail customer") or to any electrical distribution
system established solely to serve any retail customer formerly served by the
Grantee, (b) not to participate in any proceeding or contractual arrangement,
the purpose or terms of which would be to obligate the Grantee to transmit
and/or distribute, electric capacity and/or electric energy from any third
party(ies) to any other retail customer's facility(ies), and (c) not to seek to have
the Grantee transmit and/or distribute electric capacity and/or electric energy
generated by or on behalf of the Grantor at one location to the Grantor's
facility(ies) at any other location(s). Nothing specified herein shall prohibit the
Grantor from engaging with other utilities or persons in wholesale transactions
which are subject to the provisions of the Federal Power Act.
Nothing herein shall prohibit the Grantor, if permitted by law, (i) from
purchasing electric capacity and/or electric energy from any other person, or
(ii) from seeking to have the Grantee transmit and/or distribute to any
facility(ies) of the Grantor electric capacity and/or electric energy purchased
by the Grantor from any other person; provided, however, that before the
Grantor elects to purchase electric capacity and/or electric energy from any
other person, the Grantor shall notify the Grantee. Such notice shall include
a summary of the specific rates, terms and conditions which have been
offered by the other person and identify the Grantor's facilities to be served
under the offer. The Grantee shall thereafter have 90 days to evaluate the
offer and, if the Grantee agrees to meet or beat the other person's offer, the
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Grantor shall be obligated to continue to purchase from the Grantee electric
capacity and/or electric energy to serve the previously -identified facilities of
the Grantor for a term no shorter than that offered by the other person. If the
Grantee does not agree to meet or beat the other person's offer, all of the
terms and conditions of this franchise shall remain in effect.
Section 8. If the Grantor grants a right, privilege or franchise to
any other person or otherwise enables any other such person to construct,
operate or maintain electric light and power facilities within any part of the
incorporated areas of the Grantor in which the Grantee may lawfully serve or
compete on terms and conditions which the Grantee determines are more
favorable than the terms and conditions contained herein, the Grantee may at
any time thereafter terminate this franchise if such terms and conditions are
not remedied within the time period provided hereafter. The Grantee shall
give the Grantor at least 60 days advance written notice of its intent to
terminate. Such notice shall, without prejudice to any of the rights reserved for
the Grantee herein, advise the Grantor of such terms and conditions that it
considers more favorable. The Grantor shall then have 60 days in which to
correct or otherwise remedy the terms and conditions complained of by the
Grantee. If the Grantee determines that such terms or conditions are not
remedied by the Grantor within said time period, the Grantee may terminate
this agreement by delivering written notice to the Grantor's Clerk and
termination shall be effective on the date of delivery of such notice.
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Section 9. If as a direct or indirect consequence of any legislative,
regulatory or other action by the United States of America or the State of
Florida (or any department, agency, authority, instrumentality or political
subdivision of either of them) any person is permitted to provide electric
service within the incorporated areas of the Grantor to a customer then being
served by the Grantee, or to any new applicant for electric service within any
part of the incorporated areas of the Grantor in which the Grantee may
lawfully serve, and the Grantee determines that its obligations hereunder, or
otherwise resulting from this franchise in respect to rates and service, place it
at a competitive disadvantage with respect to such other person, the Grantee
may, at any time after the taking of such action, terminate this franchise if such
competitive disadvantage is not remedied within the time period provided
hereafter. The Grantee shall give the Grantor at least 90 days advance
written notice of its intent to terminate. Such notice shall, without prejudice to
any of the rights reserved for the Grantee herein, advise the Grantor of the
consequences of such action which resulted in the competitive disadvantage.
The Grantor shall then have 90 days in which to correct or otherwise remedy
the competitive disadvantage. If such competitive disadvantage is not
remedied by the Grantor within said time period, the Grantee may terminate
this agreement by delivering written notice to the Grantor's Clerk and
termination shall take effect on the date of delivery of such notice.
Section 10. Failure on the part of the Grantee to comply in any
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substantial respect with any of the provisions of this franchise shall be grounds
for forfeiture, but no such forfeiture shall take effect if the reasonableness or
propriety thereof is protested by the Grantee until there is final determination
(after the expiration or exhaustion of all rights of appeal) by a court of
competent jurisdiction that the 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 such final determination to make good the default before a
forfeiture shall result with the right in the Grantor at its discretion to grant such
additional time to the Grantee for compliance as necessities in the case
require.
Section 11. Failure on the part of the Grantor to comply in
substantial respect with any of the provisions of this ordinance, including: (a)
denying the Grantee use of public rights -of -way for reasons other than
unreasonable interference with motor vehicular traffic; (b) imposing conditions
for use of public rights -of -way contrary to Florida law or the terms and
conditions of this franchise; (c) unreasonable delay in issuing the Grantee a
use permit, if any, to construct its facilities in public rights -of -way, shall
constitute breach of this franchise and entitle the Grantee to withhold all or
part of the payments provided for in Section 5 hereof until such time as a use
permit is issued or a court of competent jurisdiction has reached a final
determination in the matter. Grantee will provide 30 days written notice of the
breach to the Grantor's manager or mayor, said notice effective on the date
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Temp. Ord. # 1969
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May 29, 2002
faxed, electronically mailed or mailed, prior to withholding all or part of the
payments provided for in Section 5 hereof. The Grantor recognizes and
agrees that nothing in this franchise constitutes or shall be deemed to
constitute a waiver of the Grantee's delegated sovereign right of
condemnation and that the Grantee, in its sole discretion, may exercise such
right.
Section 12. The Grantor may, upon reasonable notice and within 90
days after each anniversary date of this franchise, at the Grantor's expense,
examine the records of the Grantee relating to the calculation of the franchise
payment for the year preceding such anniversary date. Such examination
shall be during normal business hours at the Grantee's office where such
records are maintained. Records not prepared by the Grantee in the ordinary
course of business may be provided at the Grantor's expense and as the
Grantor and the Grantee may agree in writing. Information identifying the
Grantee's customers by name or their electric consumption shall not be taken
from the Grantee's premises. Such audit shall be impartial and all audit
findings, whether they decrease or increase payment to the Grantor, shall be
reported to the Grantee. The Grantor's right to examine the records of the
Grantee in accordance with this section shall not be conducted by any third
party employed by the Grantor whose fee for conducting such audit is
contingent on findings of the audit.
Section 13. The provisions of this ordinance are interdependent
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May 29, 2002
upon one another, and if any of the provisions of this ordinance are found or
adjudged to be invalid, illegal, void or of no effect, the entire ordinance shall be
null and void and of no force or effect.
Section 14. As used herein "person" means an individual, a
partnership, a corporation, a business trust, a joint stock company, a trust, an
incorporated association, a joint venture, a governmental authority or any
other entity of whatever nature.
Section 15. Ordinance No. 76-57, passed and adopted January
12, 1977, Ordinance No. 0-91-22, passed and adopted May 22, 1991,
Ordinance No. 0-2002-10, passed and adopted May 22, 2002 and all other
ordinances and parts of ordinances and all resolutions and parts of resolutions
in conflict herewith, are hereby repealed.
Section 16. As conditions precedent to the taking effect of this
ordinance, (a) the Grantor shall have served and filed its Notice of Dismissal
With Prejudice of its action and claims against Grantor in that certain cause
styled City of Pompano Beach et al. v. Florida Power & Light Company, In
the Circuit Court of the 17th Judicial Circuit in and for Broward County,
Florida, Case No. 01-008883 (03), identical in all material respects to Exhibit
"C" hereto, prior to June 27, 2002; (b) the Grantor shall have executed and
delivered to Grantee a Release And Waiver Of All Claims identical in all
material respects to Exhibit "D" attached hereto, prior to June 27, 2002; the
Grantee shall have filed its acceptance hereof with the Grantor's Clerk
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E
Temp. Ord. # 1969
Page 15
May 29, 2002
identical in all material respects to Exhibit "E" attached hereto, on or before
June 27, 2002. If all of the foregoing conditions precedent have been
performed, the effective date of this ordinance shall be June 27, 2002.
PASSED, FIRST READING this 12th day of June, 2002.
PASSED, SECOND READING this 2Vh day of June, 2002.
ATTEST:
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
ORDJNANCE as to form.
WCHELL S.
City Attorney
15
E SCHREIBER
Mayor
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER AYE
DIST 1: V/M. PORTNER AYE
DIST 2: COMM. MISHKIN AY
DIST 3: COMM. SULTANOF
DIST 4: COMM. ROBERTS A
Exhibit D
Temp. Ord #1969
RELEASE AND WAIVER OF ALL CLAIMS
KNOW ALL PERSONS BY THESE PRESENTS:
That for value received and other good and valuable considerations, the receipt and
sufficiency of which are hereby acknowledged, the CITY OF TAMARAC ("CITY"), a Florida
municipal corporation, does hereby, for itself and its agencies, subdivisions, departments,
divisions, representatives, successors, assigns, officers, officials, agents and employees, their
heirs, executors, administrators, personal representatives, successors and assigns, and any person
or entity claiming by, through or for or succeeding to the right of any of the foregoing
(hereinafter sometimes referred to as the "Releasor"), release, remise, acquit, satisfy, waive and
forever discharge FLORIDA POWER & LIGHT COMPANY ("FPL"), a Florida corporation, its
parents, subsidiaries, affiliates, directors, employees, officers, stockholders, agents, insurers,
reinsurers, sureties, attorneys, successors and assigns, the heirs, executors, administrators,
personal representatives, successors and assigns of any of the foregoing, and any person or entity
acting for, by or through any of the foregoing (hereinafter referred to collectively as "Releasees")
of and from any and all manner of actions, causes of action, suits, debts, costs, attorney's fees,
sums of money, accounts, reckonings, bonds, bills, specialties, covenants, controversies, loss of
services, obligations, liabilities, agreements, promises, variances, disputes, torts, trespasses,
damages, property damage, losses, liens, judgments, executions, complaints, claims,
counterclaims, cross -claims, injunctive relief and all demands whatsoever, in law or in equity,
whether known or unknown, whether liquidated, fixed or contingent, whether mature or not,
whether disputed or undisputed, whether foreseen or unforeseen, whether foreseeable or not, and
whether discoverable or not (hereinafter referred to collectively as "All Claims"), which
Exhibit D
Temp. Ord #1969
Releasor ever bad, now has or hereafter can, may or shall have, or might in the future have or
claim to have, directly or indirectly, against Releasees:
(1) on account of, in connection with or in any way arising out of or relating to that
certain franchise agreement between FPL and the CITY, the terms of which are set forth in City
of Tamarac Ordinance No. 0-91-22, passed and adopted May 22, 4 991 ("Current Franchise
Agreement"), a true copy of which is attached hereto as Exhibit "A" and incorporated herein by
reference, including but not limited to All Claims relating in any way to the amount of franchise
fees payable by FPL to the CITY under the Current Franchise Agreement, including without
limitation All Claims relating to the amounts and revenues used to calculate and pay such
franchise fees, including but not limited to All Claims that were or could have been asserted in
that certain cause styled City of Pom ano Beach et al. v. Florida Power & Light Com an , in
the 17th Judicial Circuit in and for Broward County, Florida, Case No. 01-008883 (03) (such
cause being hereinafter referred to as the "Lawsuit"); provided, however, that the claims released
and waived under this subsection (1) do not include any claim CITY may have against FPL
under Section 4 of the Current Franchise Agreement that accrued on or before the date of this
Release and Waiver of All Claims; and
(2) All Claims relating in any way to the method of calculating the franchise fees
payable by FPL to the CITY under the terms of the new franchise agreement agreed to by and
between FPL and the CITY in consideration of the settlement of the Lawsuit, a copy of which is
attached hereto as Exhibit "B" ("New Franchise Agreement"), including but not limited to All
Claims relating to which revenues are used to calculate the franchise fee under Section 5 of the
New Franchise Agreement; provided, however, that the claims released and waived under this
subsection (2) do not include any claim that could not possibly have accrued until after the New
Exhibit D
Temp. Ord #1969
Franchise Agreement goes into effect, such as a claim that the agreed upon method for
calculating the franchise fee has not been followed or that the amount of the franchise fee has
been calculated incorrectly under the agreed upon method.
The undersigned represents and warrants that no claim which the Releasor has nor might
have had against Releasees has been assigned or transferred to any other person or entity, and, to
the maximum extent permitted by law, agrees to indemnify Releasees and hold Releasees
harmless from any and all liability or expense resulting from the assignment or transfer of any
such claims.
The Releasor acknowledges and agrees that this release is given for the compromise of
doubtful and disputed claims, that the payment made is not to be construed as an admission
against interest or admission of liability on the part of Releasees as to any claim, demand,
controversy, dispute, defense, cause of action, counterclaim, matter or thing alleged in the
Lawsuit or mentioned herein and compromised and settled hereby, and that Releasees deny
liability therefor and intend merely to avoid the costs of litigation.
The Releasor acknowledges that it has read this Release And Waiver of All Claims and
knows its contents, that it has had the advice of counsel as to its meaning and intent, that it is
executing this Release and Waiver of All Claims freely and voluntarily for the purposes
expressed herein, that no promise, inducement or agreement not expressed herein has been made
to it, and that the terms of this Release and Waiver of All Claims are contractual and not a mere
recital.
If any provision of this Release and Waiver of All Claims or the application thereof to
any circumstance is void, invalid or unenforceable for any reason, the remainder hereof, or the
application of such provision to circumstances other than those to which it is held void, invalid
Exhibit D
Temp. Ord #1969
or unenforceable, shall not be affected thereby but shall remain in full force and effect, and each
provision hereof shall be valid and enforced to the fullest and broadest extent permitted by law.
IN WITNESS WHEREOF, the CITY OF TAMARAC has caused this Release and
Waiver of All Claims to be executed in its name and its seal to be affixed, by its proper and fully
authorized representative, this 251" day of June, 2002.
ATTEST:- CITY OF TAMARAC, a Florida
- Municipal corporation
City Clerk JEF Y L. TvI ILLER
City Manager
(SEAL)
APPROVED AS TO FORM AND
LEGALITY:
MIURELL S.
City Attorney
Exhibit D
Temp. Ord #1969
STATE OF FLORIDA
•10j► • ::•
I HEREBY CERTIFY that on this date, before me, an officer duly authorized in this State
and County to take acknowledgments, personally appeared JEFFREY L. MILLER, City
Manager of the CITY OF TAMARAC, a Florida municipal corporation, named in the foregoing
Release and Waiver of All Claims, who is personally known to me
I Q . .'•.�.as.r�.r.�y�u� ■
and
that he acknowledged executing the foregoing Release and Waiver of All Claims freely and
voluntarily in the presence of the City Clerk and City Attorney under authority duly vested in
him by the CITY OF TAMARAC and that the seal affixed is the true seal of the CITY OF
WITNESS my hand and official seal in the County and State last aforementioned, this
oZlo day of June, 2002.
Commission No.: C,L° 77,V�2 0
My Commission Expires:
QI A � C;L-00a-
r
(Signatur
`, Xe � i1
(Print Name)
Notary Public, State of Florida
OFFICIAL NOrARYSEAL
,NNE A VVHM
NOTARY PUBLIC STATE OF FLORIDA
COMMISSION NO. Cp75720
MY COMMISSION EXP. SEPr 120M
ACCEPTANCE OF ELECTRIC FRANCHISE
ORDINANCE NO. 0-2002- /
BY FLORIDA POWER & LIGHT COMPANY
City of Tamarac, Florida June 27, 2002
Florida Power & Light Company does hereby accept the electric franchise
in the City of Tamarac, Florida, granted by Ordinance No. 0-2002--/�--, being:
AN ORDINANCE GRANTING TO FLORIDA POWER &
LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, AN
ELECTRIC FRANCHISE, IMPOSING PROVISIONS AND
CONDITIONS RELATING THERETO, PROVIDING FOR
MONTHLY PAYMENTS TO THE CITY OF TAMARAC, AND
PROVIDING FOR AN EFFECTIVE DATE.
which was adopted on June 26, 2002.
This instrument is filed with the City Clerk of the City of Tamarac, Florida, in
accordance with the provisions of Section 16 of said Ordinance.
FLORIDA POWER & LIGHT COMPANY
By
Vice Pre dent
ATTEST:
As ' nt ecretary
I HEREBY ACKNOWLEDGE receipt of the above Acceptance of Electric
Franchise Ordinance No. 0-2002-� 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 2?1 day of �, 2002.
City Clerk
City of Tamarac, Florida
SUN -SENTINEL
PUBLISHED DAILY
FORT LAUDERDALE, BROWARD COUNTY, FLORIDA
BOCA RATON, PALM BEACH COUNTY, FLORIDA
MIAMI, MIAMI DADE COUNTY, FLORIDA
STATE OF FLORIDA
COUNTY OUROWARD/PALM BEACH/MIAMI DADE
BEFOREAW U.NDERSIONED AUTHORITY, PERSONALLY APPEARED
xv, WHO, ON OATH, SAYS THAT
HE/ Y E IS A DU AUTHORIZED REPRESENTATIVE OF THE CLASSIFIED
PARTMENT OF THE SUN -SENTINEL, DAILY NEWSPAPER PUBLISHED
N BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, AND THAT THE
ATTACHED COPY OF ADVERTISEMENT, BEING A:
TEMP. ORD. 1968/1969
IN THE MATTER OF:
Temp. Ord. 19681969
IN THE CIRCUIT COURT, WAS PUBLISHED IN SAID NEWSPAPER IN THE
ISSUES OF:
,:�ik
10945894
AFFIANT FURTHER SAYS THAT THE SAID SUN -SENTINEL IS A NEWSPAPER
PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA,
AND THAT THE SAID NEWSPAPER HAS HERETOFORE; BEEN CONTINUOUSLY
PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA,
EACH DAY, AND HAS BEEN ENTERED AS SECOND CLASS MATTER AT THE
POST OFFICE IN FORT LAUDERDALE, IN SAID BROWARD COUNTY, FLORIDA,
FOR A PERIOD OF ONE YEAR NEXT PRECEDING THE FIRST PUBLICATION OF
ATTACHED COPY OF ADVERTISEMENT; AND AFFIANT FURTHER SAYS THAT
HE/SHE HAS NEITHER PAID, NOR PROMISED, ANY PERSON, FIRM, OR
CORPORATION, ANY DISCOUNT, REBATE, COMMISSION, OR REFUND, FOR THE
PURPOSE OF SECURING THIS ADVERTISEMENT FOR PUBLICATION IN SAID
(SI
ORN TO AND SUBSCRIBED BEFORE ME
N: 15-June-A200J2 , A.D.
/ `--
(SIGt4ATORE OF NOTARY PUBLIC)
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Tara ezak
°x= MY COMMISSION # DD024939 EXPIRES
July 20, 2005
AI i INSURANCE. INC.
(NAME (lMwiw*wwtAwtollijIMPOED)
PERSO WI� y OR
PRODFJ M ig dls�i#+> u_N
wrrN6ss n�krao ANCf o�1�li'Ls�L
OF THE CrMOF TAMARAC, FLORIDA.
'f11 d�yQl erg.