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Ord G-19(19-46) ORDINANCE NO. G-19 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING TO FLORIDA POWER & LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, iN ELECTRIC FPJYNCHISE, AND I3JPCSING PROVISIONS AND CONDITIONS RE- LATING THERETO. BE IT ORDAINED by the City Council of the City of Delray Beach, Florida, as follows: SECTION 1. That there is hereby granted to Florida Power & Light Company (herein called the "Grantee"), its successprs and assigns, the right, privilege or franchise to const~mct, 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 (herekn 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 light and po~r 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 in- habitants thereof, and persons and corporations beyond the limits thereof. SECTION 2. 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 19~l, 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 rese~¢ed. Grantee shall be deemed to have given and granted such riEht of p~rchase by its acceptance hereof, which sha~l be filed with the Grantor's clerk within thirty (30) days after this ordinance takes effect. SECTION 3. That the facLlities shall be so located or relocated and so erected as to interfere as little as possible with traffic over said streets, alleys, bridges an~l public places, and with reasor~ble agress from and ingress to abutting property. The location or relocation of all facilities shall be made ~nder 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 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 t~e of such excavation. SECTION ~. That Grantor shall in no way be liable or responsible for any accident or damage that may occur in the construction, operation or maintenance by Crantee 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 a~d a.121 liability, lo.~s, 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 5. That all rates and rules and regulations 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 regulatio~ as may be provided by law. SECTION 6. That ~ithin thirty days after the first anniversary date of this grant and within thirty days after each succeeding a~_niversary date d,3rir~g the existence of this grar~t, the Grantee, its successors and assigns, shall pay to the Grantor and its successors a sum equal to the difference between (a) six per cent of the amount of its gross revenues from the sale of electric energy to residential and commercial customers within the coroorate limits of Grz~i..?r for twelve calendar months preceding the applicable armdversar~- date, anti (b) the amount of any taxes, licenses or other impositions levied or imposed by Grantor agaiz~st Grantee's property, business or operations for the preceding tax year. SECTION 7. As a furt2~er consideration of this fra,chise, said Grantor agrees not to e~gage in the b~siness of ~istributiag and sell!p~ electr~c~ty during the life of this franchise or any extension thereof iz~ competition: wit~ the Grantee, its successors and assigns. SECTION 8. That failure o~l the part of Gray,tee to comply in any s~stantial respect with any of t~e provisions of this ordinance, shall be gro~ds for a forfej.t~ of this grant, but ac s~,.ch forfeiture shall tmke effect if the reasonableness or propriety thereof is protested by Crantee until a court of competent jorisdiCtion (with right of appeal in either party) shall have rotund 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 deter- mLnatio, of the question, to make good the default before a forfeiture shall result with the right i~ Grantor at its discretion to grant such additional time to Grantee for compliance as necessities in the case require. SECTION 9. Upon the annexation of any territory to the City of Delray Beach, Florida, the portion of such utility that may be located within the annexed territory or upon the public streets, alleys or public spaces thereof shall thereafter be subject to all the terms of this franchise as fully as if an expressed extension of this franchise were adopted to apply to such annexed territory. SECTION lC. That all ordinances and parts of ordinances, in conflict herewith be and the same are hereby repealed. SECTION ll. This ordinance shall take effect after it has been approved by a referendum vote at an election held in accordance with the pro- visions of the Charter of the City of Delray Beach, Florida, and the laws of the State of Florida. PASSED in regular session on second and final reading on this the 25rd day of December, 19~6. President of City Council Nayor ATTEST: ~1~ ~)~~ , City Clerk 1st Reading 11/25/g6 2nd and Final Reading 12/23/46 ~t!f~.ed by ?,~f~.;,'e~um E!~et~o~ held 3,/6,//~.7. FLORIDA POWER & LIGHT I~OMPANY Delray Beach, Florida December 19, 1946 City of Delray Beach Delray Beach, Florida Gentlemen: This relates to City Manager Edmonds ~ letter to me dated November ~?, 1946, about the franchise ordinance passed by the City Council on its first reading and granting to Florida Power & Light Company certain rights and in which City Manager Edmonds set forth certain items which the City Council desired clarified before the ordinance was put on second and final reading. I am glad to discuss these items in the order listed by City Manager Edmonds'. Industrial (manufacturing) sales include service at a location where the purchaser is engaged in an industrial activity, such as the operation of factories, mills, foundaries, machine shops, etc., that is, in extractive, fabricating or processing activities. Mou have express charter power and authority to estab- lish, impose and enforce rates and charges for electricity fur- nished by us (subsection 9 of Section 7 of Chapter 18494, Laws of Florida, Acts of 1937) and this power and authority are expressly reserved to you in the electric franchise (Section V) and so recognized by us. We are pleased to cooperate with you in the installation and operation of a call box system for your Fire and Police Depart- ments. In this connection we have delivered to City Manager Edmonds copies of proposed Agreement and accompanying Resolution for action thereon by your City Council. No rental will be charged by us under this Agreement. Since the items explaiD~d and clarified above have no place in our standard form of franchise, we want you to know that our representations and agreement are biD~iiD~ on the part of the Florida Power & Light Company during the full term of the fran- chise. Our Vice President Fite confirms and approves this agree- ment by his signing of this letter along with me. Very truly yours, · Said representations and agree- ~~ ~~~t~ ment confirmed and approved. Charles Senior FL0~~. 0WER ~IGHT COMPAN~ Manager Vice President ·