Loading...
Res 1209-59 HESOLUTION 1209. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CALLING AN ELECTION OF THE QUALIFIED ELECTORS THEREIN, TO EITHER APPROVE OR DISAPPROVE AN ORDINANCE GRANTING TO FLORIDA POWER & LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC FRANCHISE, AND IMPOSING PRO- VISIONS AND CONDITIONS RELATING THERETO. WHEREAS, the City Council on the 26th day of October, A. D. 1959, in pursuance of the general laws of the State of Florida and of the Charter of the City of Delray Beach, Florida, has passed and approved on second reading, Ordinance No. 335 which is set forth in full as follows~ "AN ORDINANCE GRANTING TO FLORIDA POWER & LIGHT COMPANY, ITS SUCCES- SORS AND ASSIGNS, AN ELECTRIC FRAN- CHISE, AND IMPOSING PROVISIONS AND CONDITIONS RELATING THERETO~ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA~ Section I. That there is hereby granted to Florida Power & Light Company (herein called the "Grantee"), its successors and assigns, the non-exclusive right, privi- lege 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 Delray Beach, 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 elec- tricity 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 pro- vided by the Laws of Florida, in effect at the time of Grantee's acceptance hereof, including Section 167.22 of the Florida Statutes of 1959, 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 reserved. 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 (30) days after this ordinance takes effect. Section III. 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 lo- cation 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 re- location 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 IV. That Grantor shall in no way be liable or responsible for any accident or damage that may occur in the construction, operation or mainte- nance 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, operation or maintenance of its facilities hereunder. Section V. That all rates and rules and regula- tions 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 reg- ulation as may be provided by law. Section VI. 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 prop- erty, 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 electrical energy to residential and commercial customers within the cor- porate limits of the Grantor for the twelve fiscal months preceding the applicable anniversary date. Section VII. As a further consideration of this franchise, said Grantor agrees not to engage in the busi- ness of distributing and selling electricity during the life of this franchise or any extension thereof in com- petition with the Grantee, its successors and assigns. Section VIII. 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 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 (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 re- quire. Section IX. Upon the annexation of any territory to the City of Delray Beach, that portion of the facilities and operations of the Grantee of this franchise located within the said annexed territory or upon the public streets, alleys or public spaces thereof, shall there- after be subject to all of the terms of this grant as fully as though this grant and franchise were expressly extended to such annexed territory. Section X. That, if for any reason this ordinance shall be held to be invalid, then, in such event, it is the declared intent of the City Commission (1) that this ordinance shall be inoperative and void as of the time and date of the passage and adoption hereof, and (2) that Ordinance No. G 19 of the City of Delray Beach, which was passed on the 23rd day of December, 1946, and ratified by referendum in a special election called for that purpose on the 6th day of March, 1947, shall be and remain in full force and effect as though this ordinance had not been enacted. Section XI. This ordinance shall take effect after it has been approved by a referendum vote at an election held in accordance with the provisions of the Charter of the City of Delray Beach for holding bond elections and the laws of the State of Florida. Section XII. That all ordinances and parts of ordi- nances in c~flict herewith be and the same are hereby repealed. PASSED AND ADOPTED this 26th day of October, 1959. Attest: Signed: George Talbot, Jr. R. D. Worthing Title Mayor Clerk The foregoing ordinance approved on the 26th day of October, 1959. George Talbot, Jr. Mayor Title " AND WHEREAS, the Charter of the City of Delray Beach, Florida, provides that such an ordinance shall not become effec- tive without referendum to the people, at an election to be called and held in accordance with the provisions of such Charter for the holding of bond elections. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Delray Beach, Florida, as follows: SECTION 1. A franchise election is hereby called for Tuesday, December 1, A.D.,1959, for the purpose of allowing the qualified electors of said City to approve or disapprove the grant- ing of an electric franchise under the terms of the ordinance as set forth above. SECTION 2. Ail registered qualified electors of the City of Delray Beach, Florida, who, on the date of the closing of the registration books for such election, is a registered qualified elector, shall be entitled to participate in said election, and the City Clerk shall make up and certify a list of the names of all such qualified electors appearing on the registration books of the City who are determined to be residents of the City of Delray Beach, Florida, and a certified copy of such list shall be furnished to the inspectors and clerk of the election at the voting place where the election is to be held. SECTION 3. Said election shall be held on Tuesday, Dec- ember 1, A.D. 1959, at the CENTRAL FIRE STATION in the city of Delray Beach, Florida, between the hours of 7:00 A.M. and 7:00 P.M. SECTION 4. That the official election ballot shall be a piece of plain white paper and in form as follows: OFFICIAL BALLOT Franchise Election City of Delray Beach, Florida December 1, 1959 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING TO FLORIDA POWER & LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC FRANCHISE, AND IMPOSING PROVISIONS AND CONDITIONS RELATING THERETO. Mark X to indicate your preference. FOR THE ORDINANCE AGAINST THE ORDINANCE SECTION 5. The City Clerk, who is the Registration Of- ricer of the City, shall register all persons applying to him whose names are not already borne upon the registration books, and who are qualified to vote in said election. The Registration Book of the City shall continue to be open at the office of the City Clerk from 8=30 o'clock A. M. until 4=30 o'clock P. M. each day, Saturdays and Sundays excepted. SECTION 6. That the required notice of said franchise election and registration of voters shall be given by publication thereof in the Delray Beach News at least once each week for two consecutive weeks, such publication to begin after the date hereof and to end prior to December 1, 1959, and the Mayor is hereby author- ized and directed, in his name and in the name of and in behalf of said City and said Council, to call such election by a proclamation and notice to be published as hereinbefore directed for notice of said election, which notice shall constitute the notice of election required by law to be published by the City Council of the City of Delray Beach, Florida, and which proclamation shall constitute the proclamation required of the Mayor of the City of Delray Beach, Florida by law. PASSED and adopted on this second day of November 1959. ATTEST: / (SE~)