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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 1 Temp. Ord. # 1969 Page 2 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 to Temp. Ord. # 1969 Page 3 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; 3 Temp. Ord. # 1969 Page 4 May 29, 2002 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, 1 1 4 Temp. Ord. # 1969 Page 5 May 29, 2002 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 `� Temp. Ord. # 1969 Page 6 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, 1 1 n. Temp. Ord. # 1969 Page 7 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 7 Temp. Ord. # 1969 Page 8 May 29, 2002 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 1 LI 0 Temp. Ord. # 1969 Page 9 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 9 Temp. Ord. # 1969 Page 10 May 29, 2002 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. 1 1 10 Temp. Ord. # 1969 Page 11 May 29, 2002 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 11 Temp. Ord. # 1969 Page 12 May 29, 2002 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 FJ L� 12 Temp. Ord. # 1969 Page 13 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 13 Temp. Ord. # 1969 Page 14 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 1 1 14 1 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) �4 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.