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0024 (Electric Light Franchise Agreement)0IMIHANCE -84 AN ORDINANCE GRAIw'ING AN 7LECTRIC EIGHT FRANCAISE AND OTHER PBIVELEGES TO THE OKEECHOBEE ICE COMPANY,,CONTRACTING FOR CERTAIN PUBLIC LIGHTING SERVICE i„wAND PRESCRIBING THE MAXIMUM RATES CHARGEABLE FOR PRIVATE SERVICEI AND IM- POSING CERTAIL DUTIES AND SECURING CERTAIN RIGHTS IN THE PREMISES. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA: SECTION ONE: That in view of the neocssity for the establishing of a public lightink system for the city of Okeechobee, Florida, and upon the :i condition and terms hereinafter mentioned, the right and privilege oonste, etruot, maintain and operate an electric light works, plant, syate for a public and private supply of electricity within the city of Okee bee, St. Lucie County, Florida, is hereby granted to the Okeechobee Ice Company a corporation created andexisting under the laws of the $tte of Florida, to it, and to its successors and assigns, together with all the right and prdvilege to improve and extend the said system by the erection of poles, wires and leaps and such other structures and appurtenances in any and all of the streets and other public ways of said city as may be requisite and neoessary for the proper distribution for the public and private use of eleotrioity, and to make all necessary repairs, extensions, additions and changes, as may be necessary, which changes shall first be agreed upon by the City Council an being necessary and for the public good; Provided, that there shall be no unnecessary or permanent obstruction of said streets or ways of said City. SECTION TWO: In consideration of the furnishing and maintaining of an adequate and reliable and satisfactory electric light service and system for public and private lighting and for ether uses, the City of Okeechobee Florida, hereby grants to the Okeechobee Ice Company, a corporation created ane existing under the laws of the State of Florida, and it to its sucoesa- ors and assigns, all the interest, title and right of the said City in and to the privileges, fre.nchtses, purposes, uses and properties, protection and profits, business and pursuits, hereinbefore or itarstitn hereinafter mentioned, for the period of twenty (20) years from the granting OM this franchise. $ECTIOI: THREE: Be it further provided and ordained that the owner of this franchise may charge and collect for the use of lights, currents and other services, furnished to private s€m#nm consumers, prices not ex- oeeding the rates as herein provided for, which shall be collected at the end of each month or quarter, at the option of the owner. SECTIOL FOUR: All current furnished by the Okeechobee Ice Company which is furnished to private consumers, shall be furnished through a meter and shall be paid for per kilowatt hour at not to ssa i exceed the sump Fifteen (.16) Cents per kilowatt hour and the following rates shall charged to all oustomers, exclusive of street lights: LIGHTING and POWER R .Ti S First 25 Kw. used per Mo 26 to 50 Kw. used per leo . 50 and over Kw. used per month 41.60 per month minimum. SERVICE CHARGES RES IDEN CES 5.00 STORES 46.00 15 cents per Kw. Hour. 13 cents per Kw. Hour. 11 cents per Kw. Hour. MOTORS • O "411 MOTORS $1.00 per horse power per month minimum. SEC'°ION FIVE: Okeechobee lee Company in oonsideratiom hereof agrees to maintain and operate its elevtrie light plant an a tusk to dawn sehedule` in such a manner as will insure the publie and private users of electri- oity herein provided for of a sure and continuous supply of electricity which may be necessary to meet the demands of the public and private users thereof. Provided, however that in ease of accident caused by the act of God the machinery of the said electric light plant shall become imperative then and in that event no set tor damage shall lie against the Okeechobee Ioe Company for its failure to furnish electricity during the period that suoh plant, ,hall remain out of operation: Provided, however, that the Okeechobee-`C-ompany uses due diligence and haste in planing the said machin- ery again in operation. SECTION SIX: As inspects private oonsumers, the Okeechobee Ioe Company shall have the right to make andenforoe all reasonable and needful regula- tions in regard to the use of electricity, and the City Council shall en- set all necessary ordinances that will fully protect the rights and proper* ty of the Okeechobee Ice Company and to enforce in all respects the provis- ions of this Ordinance. SECTION SEVEN: This Ordinance le passed, and the agreement of the City to rent eleetrie lights as hereinafter agreed is made upon the further express conditions to -wit: That the 0keeohobee lee Company, a corporation created and 'slating under the laws of theState of Florida, and its emcees or and assigns, shall immediately, or within ten(10) days from and after this passage and approval of this Ordinance, file with the City Clerk of the City of Okeechobee, Florida, its written aoeeptance hereof, and thereint . agreeing to comply in all respeots with the provisions hereof. And such acceptance be recorded in the Minutes of the City Council and complete the contract. SECTION EIGHT: Within thirty (Sp) days after this ordinanoe shall become effective the said Okeechobee Ice Company or its summers and assigns shall commence the installing of the poles wires and other necessary appliances looking to the plaoing of eleetrioidi lights upon the publie streets and other publie ways of the City of Okeeohobee and for the use of private con- sumers of said City. And it is further ordained, and it it hereby expressly understood that the stit Okeechobee Ice Company shall continue uninterrupted ly and in a speedy manner the installing of said elevtrie system as herein provided for and that the said City shall be equipped with said lighg system as herein provided for withksiz (6) months at whioh tine the said Okeeehobee Iee Company, in consideration at hereof agrees to have said light ing system completed in so far as installing the street lights hereinafter mentioned is concerned. SECTION NINE: The Okeechobee Ice Company agrees to erect, maintain, fur- nish and operate for the use of the City such number of designated Magda street lamps as may be desired by the City during the life of this franchise provided that at no time shall the number of said lamps to be used by the said City be less than twenty -five (20. SECTION TEN: The Okeechobee Ioe Company will bear the expense of the in- etsllation of said street lamps, provided that all each lamps shall be plat ed within the lines reached by the distributing system, greeted by the said Company in the City of Okeechobee, Florida. ' '"SECTION ELEVEN: Where the Okeeohobee Ice Company is called upon to extend itl line aa as to light nnm at++aa +. er l si nh its distributing lines are not placid, after the original installation, the said Company shall not be liable for the espehse of such extension required beyond three thir feet for any such lamp which � be ordered by the city through it officers. The City eh41 1 be liable for the expense of reequired beyond thr �h ly (bap) feet from the distribbutinge line extension r said Company. 8 or limas SECTION TWELVE: All lamps are to be located as may be designated by the City through its proper authorities, subject to the terms and conditions of this franchise. SECTION THIRTEEN: All street lamps are to is burnari not less than six (6) hours per night, the time of turning said lights on and off to be at the option of said City. S" CTION FOURTEEN: Any change ih the location of any lamp marralt ordered made by the proper authorities of the City after the original installation shall be at the cost of the City. SECTION FIFTEEN: The City of Okeechobee in consideration of the above agree to pay to the Okeechobee Ice Company, for the electric current fanniehed for the above street lamps, the sum of ten cents (.10g() per kilowatt hour meter rate, measured at the generating plant of the Okeechobee Ice Company. Payments for all electric current furnished are to be made by said City to said Company monthly. SECTIOL S IXNEEH: As a condition precedent to the granting of this franchise it is hereby expressly stipulated that at the expiration of the full term of this franchise, and at any periods of five years thereafter, the said City shall have the right to purchase the entire electric plant and system of the grantee hereunder, its successors or assigns, within the said City at a price or valuation to be determined in case of disagreement, by three arbitrators, of whom one each shall beseleeted by the City and the grantee hereunder and the third by the other two arbitrators so selected, whose dominions shall be final and binding upon both parties, and the intention of said City to so ex- ereiae its right of purchase shall be evidenced by resolution of the City Council, which resolution shall be served upon the grantee hereunder not lees than six months prior to such expiration date. SECTION SEVENTEEN: This ordinance shall constitute a contract as between the City of Okeechobee, Florida, and the said Okeechobee Ice Company for the term of twenty (Sp) years from the going into effect of this ordinance, as herein before set forth. I hereby certify that the foregoing Ordinance was duly passe by the City Council in open session on this the 10th day of October, 1916. HENRY L. CHANDLER CITY CLERK To the Major of the CITY of OKEECHOBEE DFL©RIDATIF, PRES DENT of COUNCIL I hereby certify that theforegoing Ordinance was duly passed by the City Coun cil on the 10th day of October, 1916, and the sass is submitted to you here- with for you approval or disapproval. HENRY CHANDLER, CITY CLERK The foregoing Ordinance is approved by me on this 10th day of October, 1916. W. E. HODS, MAYOR.