0376 (FPL Franchise)ORDINANCE NO. 376
AN ORDINANCE GRANTING TO FLORIDA POWER &
LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS
AN ELECTRIC FRANCHISE, AND IMPOSING PRO-
VISIONS AND CONDITIONS RELATING THERETO.
BE IT ORDAINED BY THE CITY COUNCIL OF OKEECHOBEE, FLORIDA:
Section 1. That there is hereby granted to Florida Power &
Light Company (herein called the "Grantee "), its successors and
assigns, the non - exculusive right, privilege or franchise to con-
struct, 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 Okeechobee, Florida, (herein called
the "Grantor ") and its successors, in accordance with established
practice with respect to electrical construction and maintenance,
for the period of thirty years from the date of acceptance hereof.
electric light and power facilities (including conduits, poles,
wireA €;-td transmission lines, and, for its own use, telephone and
telegraph lines) for the purpose of supplying electricity to
Grantor, and its successors, and inhabitants thereof, and persons
and corporations beyond the limits thereof.
Section 2. As a condition precedent to the taking effect of
this grant, Grantee shall have filed its acceptance hereof with the
Grantor's clerk within thirty (30) days hereof.
Section 3. That the facilities shall be so located or relo-
cated 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
lccatio m -:f ..11 .cil t'es .s'lr'_: _ c it1ac o 7,:,.d
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 time of such excavation.
Section 4. 1"_at 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 racilities hereunder,
and the acceptance of this ordinance shall be deemed and agreement,
on the part of the 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 mis-
conduct of Grantee in the construction, operation or maintenance
of its facilities hereunder.
Section 5. 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
subject to such regulation as may be provided by law.
Section 6. That no later than sixty days after the first
anniversary date of this grant and no later than sixty days after
each succeeding anniversary date of this grant, the Grantee, its
successors and assigns, shall have paid to the Grantor and its
successors an amount which added to the amount of all taxes as
assessed, levied, or imposed (without regard to any discount for
early payment or any interest or penalty for late payment),
licenses, and other impositions levied or imposed by the Grantor
upon the Grantee's electric property, business, or operations,
and those of Grantee's electric 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 7. Payment of the amount to be paid to Grantor by
Grantee under the terms of Section 6 hereof shall be made in
advance by estimated monthly installments commencing ninety days
after the effective date of this grant. Each estimated monthly
installment shall be calculated on the basis of ninety percent
(90 %) of Grantee's revenues (as defined in Section 6) for the
monthly billing period ending sixty days prior to each scheduled
monthly payment. The first installment for each fiscal year of
this grant shall be adjusted to reflect any underpayment or over-
payment resulting from estimated monthly installments made for
said fiscal year.
Section 8. 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 9. 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 pro-
priety thereof is protested by Grantee until a court of competent
jurisdiction (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 ;.fter 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
cast require.
Section 10. This ordinance shall take effect on the date upon
which Grantee files its acceptance.
Section 11. That all ordinances and parts of ordinance in
conflict herewith be and the same are hereby repealed.
Section 12. This ordinance was proposed, considered, and
adopted under the provisions of Section 166.041 (3) (b) Florida
Statutes, and was enacted by no less than a two -third vote of
the City Council.
3
PASSED AND ADOPTED this 5th day of August , 1975.
Attest:
(7,2/&( Z2_,) -r '_7`
City Clerk
Signed:
Title: President City Council
APPROVED BY ME this 5th day of August, 1975.
i, 1iG' /aka _
Mayor /''
City of Okeechobee, Florida
4
C E R T I F I C A T E
In connection with Ordinance No. 383, being AN ORDINANCE
AMENDING ORDINANCE NO. 376, WHICH GRANTED TO FLORIDA POWER & LIGHT
COMPANY, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC FRANCHISE, AND
IMPOSING PROVISIONS AND CONDITIONS RELATING THERETO, BY AMENDING
SECTION 6 THEREOF TO PROVIDE TAX REVENUES FROM INDUSTRIAL CUSTOMERS
WITHIN THE CORPORATE LIMITS OF THE CITY OF OKEECHOBEE, I hereby
certify as follows:
a. The City Council met on May 11, 1976, to read and act
on franchise to Florida Power & Light Company. Those present were:
President Russell V. Domer, Councilmen: E. H. Hunt, Edward W.
Douglas, Lavon Bass and Clif Betts, Jr. Also present were Mayor
Audley Dunham and City Clerk Sandra M. Bennett.
b. The Ordinance was adopted on first reading at a meeting
of the Council of the City of Okeechobee, Florida, on April 13, 1976.
Adopted on second reading after hearing on April 20, 1976. On
April 22, 1976, notice of proposed enactment of Ordinance No. 383
was published in a newspaper of general circulation in the City of
Okeechobee and the Ordinance No. 383 as proposed and adopted was
maintained for inspection by the public at the City Hall of the
City of Okeechobee.
c. Ordinance No. 383 was adopted on third reading and
final passage on May 11, 1976 and was signed by the Council President
and City Clerk of the City of Okeechobee and recorded in a book kept
for that purpose, and the respective votes of each member of the
City Council present were recorded in the record of the meeting.
This the 11th day of May , 1976.
City Clerk
ACCEPTANCE OF ELECTRIC FRANCHISE
ORDINANCE NO. 383
BY FLORIDA POWER & LIGHT COMPANY
Dated as of: June 28, 1976
City of Okeechobee
Okeechobee, Florida
Florida Power & Light Company does hereby accept Ordinance
No. 383, being:
"AN ORDINANCE AMENDING ORDINANCE NO. 376, WHICH
GRANTED TO FLORIDA POWER & LIGHT COMPANY, ITS
SUCCESSORS AND ASSIGNS, AN ELECTRIC FRANCHISE,
AND IMPOSING PROVISIONS AND CONDITIONS RELATING
THERETO, BY AMENDING SECTION 6 THEREOF TO PRO-
VIDE TAX REVENUES FROM INDUSTRIAL CUSTOMERS
WITHIN THE CORPORATE LIMITS OF THE CITY OF
OKEECHOBEE."
This instrument is filed with the City Clerk of the City
of Okeechobee, Florida, in accordance with the provisions of Section
2 of said Ordinance.
FLORIDA POWER & LIGHT COMPANY
By
I HEREBY ACKNOWLEDGE receipt of the above Acceptance by
Florida Power & Light Company of Ordinance No. 383 being:
"AN ORDINANCE AMENDING ORDINANCE NO. 376, WHICH
GRANTED TO FLORIDA POWER & LIGHT COMPANY, ITS
SUCCESSORS AND ASSIGNS, AN ELECTRIC FRANCHISE, AND
IMPOSING PROVISIONS AND CONDITIONS RELATING THERETO,
BY AMENDING SECTION 6 THEREOF TO PROVIDE TAX REVE-
NUES FROM INDUSTRIAL CUSTOMERS WITHIN THE CORPORATE
LIMITS OF THE CITY OF OKEECHOBEE."
and certify that I have filed the same for record in the permanent
files and records of the City of Naples, Florida, as of the day
first above written.
DATE: June 28, 1976
City Clerk of the
City of Okeechobee, Florida
C E R T I F I C A T E
In connection with Ordinance No. 376, being AN ORDINANCE
GRANTING TO FLORIDA POWER & LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS,
AN ELECTRIC FRANCHISE, AND IMPOSING PROVISIONS AND CONDITIONS RELAT-
ING THERETO, I hereby certify as follows:
a. The City Council met on August 5, 1975, to read and
act on franchise to Florida Power & Light Company. Those present
were: Mayor Audley Dunham, President Pro - Tempore, E. H. Hunt,
Councilmen: Edward W. Douglas and Clif Betts, Jr. Also present
were City Clerk, Sandra Bennett.
b. The Ordinance was adopted on first reading at a
meeting of the Council of the City of Okeechobee, Florida, on
June 24, 1975. Adopted on second reading after hearing on
July 8, 1975. On July 17, 1975, notice of proposed enactment
of Ordinance No. 376 was published in a newspaper of general
circulation in the City of Okeechobee and the Ordinance No. 376
as proposed and adopted was maintained for inspection by the
public at the City Hall of the City of Okeechobee.
c. Ordinance No. 376 was adopted on third reading and
final passage on August 5, 1975 and was signed by the Council
President and City Clerk of the City of Okeechobee and recorded
in a book kept for that purpose, and the respective votes of
each member of the City Council present were recorded in the
record of the meeting.
This the 5th day of August, 1975.
City Clerk
NOTICE OF PROPOSED ORDINANCE
Notice is hereby given that the Ordinance described below
by title only will be placed on third and final reading at the
Regular Meeting of the City Council of the City of Okeechobee,
Florida, to be held on August 5, 1975, at 7 :30 P.M., at the City
Hall, or as soon thereafter as such Ordinance may be read and
considered for passage:
AN ORDINANCE GRANTING TO FLORIDA POWER & LIGHT COMPANY,
ITS SUCCESSORS AND ASSIGNS AN ELECTRIC FRANCHISE, AND
IMPOSING PROVISIONS AND CONDITIONS RELATING THERETO.
Said Ordinance may be inspected in the Office of the City
Clerk at the City Hall, City of Okeechobee, Florida. Inter-
ested parties may appear at said meeting and be heard with re-
spect tothe enactment of said Ordinance.
BY ORDER OF THE CITY COUNCIL
City Clerk
PUBLISH IN THE OKEECHOBEE NEWS: July 17, 24, 1975