Ord G-335(33-59) ORDINANCE No. G-335
AN ORDINANCE GRANTING TO FLORIDA POWER & LIGHT COMPANY, ITS
SUCCESSORS AND ASSIGNS, AN ELECTRIC FRANCHISE, AND IMPOSING PROVI-
SIONS 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 as-
signs, 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 Delray Beach, Florida, (herein called the
"Grantor") and its successors, in accordance with established prac-
tice with respect to electrical construction and maintenance, for
the period of thirty years from the date of acceptance hereof, elec-
tric 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, 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 provided 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 location or relo-
cation 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 inter-
fere with the proper operation of Grantee's facilities and service.
That when any portion of a street is excavated by Grantee in the lo-
cation 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 exca-
vation.
Section IV. That Grantor shall in no way be liable or respon-
sible 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 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 here-
under.
Section V. That all rates and rules and regulations estab-
lished by Grantee from time to time shall at all times be reason-
able and Grantee's rates for electricity shall at all times be sub-
ject to such regulation as may be provided by law.
Section VI. That within thirty days after the first anniver-
sary date of this grant and within thirty days after each succeeding
anniversary date of this grant, the Grantee, its successors and as-
signs, 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 property, busi-
ness, 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 corporate 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 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 VIII. That failure on the part of Grantee to comply
in any substantial respect with any of the provisions of this ordi-
nance, 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 require.
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 ter-
ritory or upon the public streets, alleys or public spaces thereof,
shall thereafter 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 refer-
endum 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 ordinances in
conflict herewith be and the same are hereby repealed.
PASSED ~ ADOPTED this .~ day o , 1959.
Attest: 0~7 i ~
Signed :~~-~
/ C~~
The foregoing
pro ' n th ~ -~-~ ~y
First Reading
Second Reading
Affidavit of Publication
THE DELRAY BEACH NEWS-JOURNAL
Published Weekly
Delray Beach, Palm Beach County, Florida
STATE OF FLORIDA by/
COUNTY OF PALM BEACH
Before the undersigned., authority personally
on oath says that~is~.~~.
who
.................................................. of the Delrayffeach · d.
News-Journal, a weekly newspaper published at
Delray Beach in Palm Beach County, Florida; that
the attached copy of advertisement, being a ........
in the matter of ............................................................
in the .................................................................... Court,
was published in said newspaper in the issue (s)
Affront iurther says that the said Delray Beach
News-Journal is a newspaper published at Deh'ay
Beach, in said Palm Beach County, Florida, and
that the said newspaper has heretofore been con-
tinuously published in said Palm Beach County ....
Florida, each Thursday and has been entered as
second class mail matter at the post office in
Delray Beach, in said Palm Beach County, Flor-
ida, for a period of one year next preceding the
first publication of the attached copy of {~dver.
tisement; and affiant further says that_~._2t.~..._
has neither paid nor promised any person, firm
or corporation any discount/~ebate, commission
or refund for the purpose/df//_ecuring this adver-/
Sworn/~ an_~ub/~cribed before me
· / //Notary Public
Not~ry PubiC/State o{ Flori~ a[ Large
My Comm~/sion Expires Not'. 6, 1960
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