Loading...
08-05-12 Adjourned Monday, Aught 5th. , 191?,. Adjourned meeting of the specifll meeting called to order P. M. by Pres. McRae. Roll call with the following present; Pres. P<1eRao, Ald. wackerman and ~9uepper. Meeting being held for the purpose of taking action on the placation of F'!. l7. Blackmer for a franchise for an electric ght and power franchise the clerk read the application by ction, each section being corrected and .approved as read. Clerk was have it in instructed to readiness for Moved and seconded at seven thirty P. Tuesday, August 6th., 1912. i .RZeeting called to e, for the purpose a franchise for an re~rrite the ordinance as corrected action at the next meeting. that we adjourn until Tuesday, August M. Carried. order at seven thirty P. M, by Pres. of taking final action on application electric light plant. Roll call with the following present; Pres. McRae, A1d. son, ~aekerman and ~uepper. Paragraph three of Ald. Cason moves that~Seetion eight (8) as approved at the eting of Aug. 5th. be amended to read as follows " The antes shall furnish to the Town of Delray, Florida, such elec- '- icity as may be xequixed for a reasonable number of lights for`'. ghting municipal building, public parks and streets, provided at the Grantee shall not be required to supply lights except- g at points on the Grantee's lines, and provided fffirther that ' 1 fixtures, street lighting poles, etc., shall be paif for by e Town of Delray, Florida.; or, should the Town of Delray,. set, the Grantee shall furnish electricity for street light- g, public parks and municipal buildings at one half (z) of e meter rate charged in lien of the gratis conditions above t forth." Seconded by Ald. Plackerman and carried. Ald. Cason of the Ordinance granting to Fl, w. Blac]oper plant and moves that it be passage. Carried. Committee presents the ordin- a franchise for an electric put on ,its second reading and AN ORDINANCE ' Granting to w. w. Blackmer, his heirs and assigns, the ;ht, prisilege and authority to construct, place, operate amd intain poles, lines, wires, cables, conduits and fixtures in, ier, along, oser and across the streets, alleys and public ~s of the Town of Delray, County of Pa1m.Beach, State of Flor- a, for the purpose of supplying. the town and the public there9; ,,electrioity for heating, lighting and ordinary usage, on e terms and e4nditions herein expressed. ,, Be it ordained by the Town Council o~ the Town o£ Delray, Beach County, State o£ Florida. That Cl. 6V. Blaclnner, his heirs and assigns, hereinafter esignated as the Grantee, be and is, hereby granted by the ~Eown o£ Delray, Florida, the right, privilege and authority o construct, place, operate and maintain in, under, along and cross the streets, alleys and public ways of the Town ,of Del- ey, Floxida, all poles, lines, wires, cables,conduits and...-_-- ... ther fixtures necessary or convenient for supplying the citi- aens and residents o£ said Town, and to the public, electricity for all domestic,. business, advertising, heating, lighting and owes or other proper purpose; but in the manner and on the ~ollowing terms and conditions, to-wit:- S Section I The right, privilege and authority hereby granted to and vested in w. V7. Blaclrnior, his heirs and assigns, by the Towri of r Delray, Florida, shall extend a.nd be applicable to all streets,: alleys and public ways now open and in use in said Town of Del- ray, Florida and to all streets, alleys and public ways that may hereafter be opened and dedicated to the public, within the. present limits o£ the said Tom of Delray, Florida, and within such other territory as may hereafter be properly annexed to the said Town of Delray, Florida. Section II All poles, lines, wires, cables, conduits and fixtures hereafter laid, placed or erected by virtue of the right, priv-' ilega or authority,. by this ordinance granted and conferred, in under, along and across and street, alley or public way in '> the said Town of Delray, Florida, shall be so constructed and installed under the direction and subject to the apprev&:~io~ " the Town Council of the Town of Delray, Florida. Section III All poles, lines, wires, cables, conduits, and fixtures, in, under, along, over and across the streets, alleys and<publia ways in the Town of Delray, Florida, to be constructed or used by the said Grantee, shall be so placed and maintained as not. to interfere with the proper and ordinary use of eaid streets," alleys and public ways and e.ll poles used in the exercise o3' the right, privilege and authority, by this ordinance granted and conferred, shall be sound, symetrical and of good appearana Section IV All wires or cables or other electrical conductors used irih the exercise of the right, privilege or authority „ py this ord-? finance granted and. conferred, sha1L be:not less than fifteen a-.~;' feet above the surface of the ground, unless placed underground" and shall be not less than two feet above or below any existing;, telegraph, telephpne or other electrical wire;., and the install- ation in all buildings shall be in accordance with the estab- lished rules o£ the IInderwriter's Association, Section V. Said Grt~ntee shall promptly and properly and in a worlnnan-i like manner replace and relay any street, alley or public ways that m€~y be damaged by him in the exercise of any right, privi- lege or'a.uthority granted or conferred by this ordinance, and c9 a li shall not obstruct any street or public highvray with poles or o~;her material for a longer period than one day, and further shall not allow poles or other material to lie in or on and street or public highway for a longer period thin fifteen days and during the primary inst<:.llation of the poles. Section VI Tho said Grantee shall hold and keep the Tovrn o£ Delray, Florida, free and harmless form any and all harm to persons or property arising from or growing out of the exercise of the right, privilege and authority, hereir. granted and conferred .- and the acceptance of this grant; by the said Grantee, shall be, construed to be an agreement by him, his heirs and assigns, to "' pay to the Town of Delray, Florida, ari„v legally determined sum " o~ money for damage or injury to persons or property, occasioned,: bJ the said C,rantee, anti in order to secure such indemnification a good Fnd sufficient bond may at any time be required of the ~.~ D said Grantee, which bond shall be in a sum not to exceedr^ive Thousand (:"5,000.00) Dollars and shall be parrable to the Town 1 of Delray, Florida, Florida, and shall be kept unimpaired. '~ Section VII All rights granted and conferred by this ordinance are granted and conferred a.nd shall be exercised subject to all reasonable and proper ordinances and regulations relating therQ-'" to which the Town of Delray, Florida may see fit at anytime to enact. Section VIII That the construction of the electrical light and power plant, authorized by this ordinance, shall be commenced within sixty (s~0) days after this ordinance goes into effect and shall be extended from time to time in accordance to the growth of the Tovrn and its requirements; as may be prescribed by the Cottn~ cil of the Town of Delray, Florida, provided; 1st. That within sis months (6) after. the dato on which the ordinance goes into effect, there shall be installed by the sail granted, and in good working order, an engine, dynamo, power and plant sufficient to supply electricity for lighting, heatin! aivertising, pourer and other proper purpose, to the citizens and public generally of the said Tovm of Delray, Florida; on thi fallowing streets, to-wit:- On Atlantic Avenie from Treynor Street to the Canal Right of ~7ay. On Swinton Avenue from Ingrate! Avenue to Thomas Avenue; Along the Right of "Jay frors the Railaot Station to Atlantic Avenue; On Aitken Si;reet from Lawrence Street to Atlantic Avenue. 2nd. The electricity furnished by the said Grantee for `i? heating, lighting, power purposes, dhc „ shall be from a di.rect~' current supplied by a modern engine, dynamo, etc, sufficient to give good service at all ±imes. 3rd. The Grantee shall furnish to the Tovm of Delray, `"~ F~orida, Gratis, such electricity as may be required for a reas o~Zable number of lights for lighting municipal buildings, public p~Zrks and streets, provided that the Grantee shall ne be require tab supply lights excepting at points on the Grantee's lines, ani provided further that all fixtures, street lighting poles, etc., s~Zall be paid for by the Town of Delray; or, should thenTovrrz of dray elect, the Grantee shall furnish electricity for street l~ghting, public parks and municipal buildings at one half (?~) o~f the meter r. ate in lieu df the gra.ntis conditions above set -- ~~ Section IX The rate to be charged for electr-~ii;y to be furnished the conszzmer by the Grantee, for electric lighting, power, heating,; &dvertising and all ordinar~r purposes, under a.nd by virtue of 4 the privilege and authority by this ordinance granted and eonf- erred, shill not excef~d the average of the prices charged by town of a similar size throughout the Southeastern States, or _;5 shall at no time exceed the prices charged for similar services;; Rt Jest Palm Beach, Florida. Section X. "'3 That .the Grantee shall erect poles and lines for connect ion with any applicant when the point to which the said applies desires connection to be furnished is not located more than three hundred find thirty feet from any existing line, wire or - cable, and on the application o£ three (3) inhabitants of the Town o£ Delray, living not further than nine hundred (900) festt from an existing line, wire, or cable, the Grantee shall suppl e. ~ the necessar~r connections vrithont charge. ` Section XI ~ The right, privilege and authority granted to and vested ; in the said ~d. 'd9. Bla.cl~er, his heirs and assigns, is granted to and vested in the said "1. '7. Blackmer, his heirs and assigns" for a period o£ twenty (20) years, from and after the date neon ` which this ordinarx•e becomes effective. Section XII F.FCh and every stipulation in this ordinance to b© complie with by the said G-rFa.ntee is a condition precedent and essential";- to the continued existence o£ an;T right, privilege and author- ~ ity, by this ordinance granted and conferredz and any non-comp-' liance or non-performance by or on the part of the said Grantee' n£ter reasonable notice in writing of said non-compliance or ~ non-performance shall have been served by the Tovrn Council of 'the Town o£ Delray, Florida, on the Said Grantee, shall work `:t a. forfeiture of all. rights, privileges and authority by this ordinance granted or conferred. Article II That the Town of Delray, Florida, gives and grants the (right, privilege and authority herein mentioned, reserving thee; fright and requiring the said Grantee, as a condition ~~recedent ~ `to the taking effect of this Grant, to give and grant to the Town of Delray, Florida, the right at any time to purchase of '< he said Grantee, for its own use, the aforesaid electric ligh,, 'and power plant as installed by the Grantee, and all property `" ~ _ used in connection vrith the exercise of the right, privilege°' !and authority by this ordinance granted and conferred, or suc~ " ;part o£ said property as said Toen o£ Delray, Florida, may deg'. !ire to purchase, at a valuation o£ the propextz,T, real and pers=: opal, desired, which valuation shall be fixed by arbitration, din accordance with Chapter 4H59, of the acts and resmlutions adopted by the 7,egislature o£ the Str.te o£ Florida under the Constitution of 1885 which vies approved June 2nd. A.D. 1889. Article III j That the said Grantee sha.11, within sixty days after the promulgation of thds ordinance, file with the Tovrn Clark of thee . Town of De1ra~T, Florida, his written acceptance of this ordin-'. ante and all terns and conditions thereof; and neon the failure, to file the acceptance aforesaid, this ordinance shall be null°= ~ and void and o£ no effect. Q _-*, +~ Article IV That this ordinance shall be published once F:ach vreek for '' dour consecutive weeks in the Delray Progress, a ne4vspaper pub- ~Li h t D d F l ' s e a e ray, lorida, at the expense of the Grantee, his ~ heirs and assigns, and shall take effect and be in force from €~nd after the filing of the ~.ur~tten acceptance provided for in Article III of this ordinance. . Article V That all ordi~hances or parts of ordinancas inconsistent with this ordinance, be, and the same are, hereby repealed. Passed this day of August, A. D. 191?. ', President Town Council. _ Attest:- Clerk. ~ Approved this day of August, A. D. 191?.. Mayor. t ~ TSoved by Ald. Cason, seconded by Ald. '``lackerman, that the ~? ordinance be passed as read. Toll call; '~ Pres. Mcrae Yea. Ald. Cason Yea. ? Ald. a9ackerman Yea. Ald. "'uepper Yea. Carried unanimously. TJloved and seconded that we adjourn. harried. Approved the ,~~day of August, A. D. 1912. .:_,.~ President Town Council Attest Clerk.