Ord G-23(04-47) ORDIi.IA~ICE >frO. (~ - 23
Ail ORDI'iffAi~C.~ OF TKE CiTY COU!~CIL 0F Ti~
CI'~ OF DELSEY BEACH, F~RiDA,
"~0 ~E LU.~IFiED EL~CTORS T~IN, T0
EIT~ ~?~R0~ 0R DIS~R0~
G'~TI~CG T0 FLORIDA ?OV;ER & LIGHT CO)~,
ITS SUCCESSORS 7~D ASSIGi;S, k~J '~LECTRIC
FRAiiCHISE, AA~D I~?OS~IG PROViSiOI~S .~O
~;K~UEREAS, the City Council on the ... 23_r~lay of DECi~,~E~ ,
A, D. 194_6~ in pursuance of the general laws of the State of
Florida and of the uharter of the Uity of Delray Beach, Florida,
~s pagsed ~d approved Ordinance %~o. G-19 which is set forth
in full as follows:
'~ 0RDE~WCE 0F ~ CITY C0~:~C_L
0F ~ C I TY 0F DEL~Y BE ~-%C H,
~0RIDA, G~NTI~,G T0 FLORIDA
POV,~ & LIGHT COi,~k~'~, ITS SUCCES-
SOtS 32{D Ao~IO~IS, ~{ E~C~IC
~[CHi SS, _~D it~OS ~3G PROViSI__~_
~ CO!~iTiO~IS PS~TI~G TW~RSTO
BE IT ORDAINED by the City Council of the City
of Delray Beach, Florida, as follows:
SECTI01V I. That there is hereby granted to
Florida Power & Light Company /herein called the
'Grantee'), its successors and assigns, the right,
privilege or franchise to construct, maintain and
operate in, under, upon, over and across the
present and future streets, alleys, bridges, ease-
ments 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 twenty (20)
years from the date of acceptance hereof, electric
!ig!~t an~, ~.,o'~J~,r '?acilities [including conduits,
poles, wires and transmission lines, and, for its
o~n use, telephone and telegraph lines) for the
purpose of supplying electricity to Grantor, and
its successors, the inhabitants ther~of, and
persons and corporations beyond the limit,s 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
grsnt, 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
1941, and ss 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 accepts~nce hereof,
which shall be filed with the Grantcr's clerk with-
in thirty (30) days after this ordinance takes effect.
SECTION IIIe 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 r es. scnable egress from and in-
gress to abutting property. The location or re-
!ccstio~ of el~[ facilities shall be made trader
the supervision and with the a;'oprovsl of such
representatives as the governing body of Grantor
may designate for tk.e purpose, but not so ss
unreasonably to interfere with the proper opera-
tion of Grantee's facilities and service. That
· ~hen any portion of a street is excaveted by
Grantee in the location or relocation of any of
its facilities, the portion of the street so
excavated shall., v:itDin a reasonable time and
as early as practicable after such excavation
be re. placed by the Gray,tee at its e~per~,se and
in as good condition as it was at the time of
such excavation.
SECTiCY~ IV. That Grantor shall in no 'way
'be liable or responsible for ~.ny accident or
d~age that may occur in the construction, op-
era.tion or maintenance by Grantee of its
facilities hereunder, and the acceptance of
this ordinance shall be deemed an agreement on
the )j art cf Grantee, to indei~mify Grantor s~nd
t:old it harmless against any and all liability,
loss, cost, dan~age or expense, ~,hic~ may accrue
to Grantor by reasom of the neglect, default, or
misconduct of Grantee in the construction, opera-
tion or ~r~aintenance of its facilities ?~ereunder.
SECT!CN V. That all r~tes and rules and
regulations established by Grantee fro~, time to time
shall at all times be reasonable an~ Grantee's
rates for electricity shall at all times be sub-
ject to such regulation as may be provided by law.
S[ECTiO~Tf Vi. That within thirty days after
the first anniversary 5ate of this grant
within thirty days after each succeeding anni-
versary date during the e~:istence of tl~is gr~nt,
the Grantee, its successors and aqs~ _gn.s, shall.
pay to the Grantor and its successors a sts:~ equal
to the difference between (a) six loer cent of the
.
~munt of ~ts/~venues from the sale of electric
energy to residential and cor~nercisl custo~ners
within ti}e corporate limits of Grantor for the
twelve calendar months preceding ,the applJcab!e
anniversary date, and (b) the e~mount of any
taxes, licenses or ~,ther ~:positions levied or
imposed by Grantor .... '
:-,~n~,~, Grantee's property,
busine .... or operations for the ~ ''
pr~ceo_l~ t~x year.
~-~'~T~-~,,? VII. ~s a further consider~::tion
of this franchise, said Grantor ~'~greez not to
engage in the business of distributing and sell-
ing electricity during the life of this fra~nchise
or any e:~.tension thereof in competition v/itt~ the
Grantee, its successors:.: s'.r~d as~igns.
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SECTICi~ VIII. That failure on the part
of Grantee to comply in any substantial respect
with any of the provisicns of this or¢~inence,
shall be grounds for a forfeiture of this
grs~nt, but no suc~b forfeiture shall take effect
if the reasonableness or propriety thereof is
protested by Gra~.tce until a court of com~.~,etent
jurisdictio~ (with right of appeal, in either
partyl shall have found that Grantee ?~s failed
to comply in a subst~u~tial respect with any of
the provisicns of this fra~.nchise, am'.d the
Grantee shall have six (6) months after the
final ~etermi~a~tion of the question, to make
good the default before a forfeiture sh.?l.1 re-
sult with the right in Grantor at its discretion
to ~ant such additional time to Grantee for
compliance as necessities ir_ the case require.
SECT!O~ II~[. Upon the annexation of any
territory to the City of Delray Beac~, Florida,
the portion of such utility that n~.y be located
within the a. nnaxed territory or upon the public
streets, alleys, or public spaces thereof shall
thereafter be subject to s!! the terms of this
franchise as fully as if ~n e~-.pressed extensio~
of this franchise were adopted to apply to such
annexed territory.
SECTION X. '~-~aat all ordinances and Darts
of ordinances, in conflict herewith be and the
same are hereby repealed.
SECTION Xi. This ordinance shall take
effect after it has been approved by a referen-
dum vote at an election held in accordance with
the provisions of the Charter of the City of
Delray Beach, ~lorida, and the laws of the State
of Florida.
PAgeD. in regular eession on second and
final reading on this the 23rd day of DEC~B~ ,
1948.
L%~o DE WITT
President of City Council
APPROVED:
ATTi~ST: ~ayor
RbTH S~ITH
~i~y Clerk
~2~D V,~REAS, the Charter of the City of Delray Beach,
Florida, provides that such an ordinance shall not become ef-
fective without referendum to the people, at an election to ~e
calle~ and held in accordance with the provisions of such
Charter for the holding of bo~d election, s.
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A~¥D ~-,JREAS, the Charter of the City of Delray Bes.ch,
Florida, provides ths~t issues of bonds must be approved by a
majority vote of the qualified electors of the municipality,
who are freeholders therein at an election cai.led by ordinance
for that purpose an~ if s majority of the votes cast at a~ly
such election shall be in favor of such bonds, then the
shall be issued.
NOW, T~f'~PO~, BE IT 0RDAI!D~D by the City Council of
the City of Delray Beach, Florida., as follo~¥s:
SECTIO]~ 1. A special election is hereby called for
TK~USDAY, ~daRCtt 6 , A.D. 1947, for the purpose of allow-
ing the qualified electors of said City who are freeholders
therein to approve or disapprove the granting of an electric
franchise under the terms of the ordinance ss set forth above.
SECTION 2. All registered qualified electors of the
City of Delr@y Beach, Florida, who are freeholders therein,
and who, on the ~ate of the closing of the registration books
for such election, is a registered qualified elector and a
freeholder, 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 regis-
traticn books of the City who are determined to be freeholders
residing in the City of De~r. ay Beach, Florida, and v,~ho are
also determined to be qualified to vote in such election and
a certified copy of such list shall be furnished to the in-
spectors and clerk of the election st the voting place where
the election is to be held.
SECTION 3. Said election shall be held on THL~RSDA~,
~,'~RCH . 6, , J~.D. 1947, at D~LRAY B0¥~LiEG aRCADE
in the City of Delr~.y Beach, Florida, between sunrise
(6.:4oA.~,.'[.) and sunset ( 6:25 .P.M.;, the hours of which have
been computed and determined by the United States ,fes. ther
Bureau, and whicb hours are hereby adopted by the City Council
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of ~he City ~f Delray Beach,
SECTION 4. ~aat the official election ballot shall
be a pzece or p±alo/paper aha in form as follows:
0FFICIAI~ B~LTOT
S!~ecial Franchise Election
City of Delray Beach,Florida
~'~rch 6~ 1947 ,
~ ~E~DINANCE OF THE CITY COUiqCiL OF
~ CITY' OF DELRAY DEACH, FLORIDA,
GRA~NTII,,~ TO FLORIDA P0'i'~ER ~ LIGE2~
CC~,,.~ff~ ITS Sb~CESSOR~ AI~D ~SSIGE~
~; ELECTRIC FRAI~CHISE, ~ I~POSING
PROVISIONS AI~ C0i'~ TIONS REiATING
THERETO o
Mark X to indicate yeur preference,
FOR ~'- ....
~ 0P~I.~CE ( )
SEGTION 5. The Oit~j Clerk, ~o is the Re~istrat£on
of the City, shall register all persons applying to her mbose
are not alree~ borne tpon the registration books, ~n~ who are qualifi-
ed to vote in said election and for this purpose, the Registratlom
Book of the City shall continue to be open at the office of the City
Clerk from 8;30 O'clock A.L% until 4:30 O'clock P.~i. each dsy, Saturday
afternoons and Surflays excepted, and the special registration of electors
provided for herein shall close not later ~han five days before
~arch 6, 1947.
SEOTION 6, That the required thirtl days notice of said special
franchise election and registration cf voters shall be given by publica-
tion thereof in the Delray Beach News at least once each weak for four
consecutive weeks, such publication to begin el%er the date hereof and
end prior to ~rch 6, A.D., 1947, and the ~,~yor is hereby
authorized and directed, in his name and in the ne~e of and
in behalf of said City and said Council, to call such election
by a procla~ation~aud notice to be published as hereinbefore
directed for notice of said election, which notice shall eon-
stitute 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 proclemation required
of the ~yor of the Cit~~ of Delray Beach,Florida by
SECTION ?. This ordinance shall take effect thirty
(50) days from the date hereof.
PAS~q~n on second and final reading on this 27th
day of January , 1947. ~ ~~_
President of City Council
AT~ EST: APPR0 VED:
City Clerk Z~y c~.
1st Reading - January 13th, 19A7.
2nd and Final Reading - January 27th, 19~7.
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