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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