0107 (FPL Franchise)Is
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ORDINANCE; /0
AN ORDINANCE GRANTING TO FLORIDA POWER & LIGHT
COMPANY, ITS SUCCESSORS AND ASSIGNS, THE
RIGHT, PRIVILEGE, OR FRANCHISE FOR THE
PERIOD OF THIRTY YEARS, TO CONSTRUCT,
MAINTAIN AND OPERATE IN, UNDER, UPON
M
AND .4 OSS -;TRIr..:PB 5 ADD
STREETS{ AVENUES, ALLEYS, HIGH -
WAYS, BRIDGES, EASEMENTS AND
OTHER PUBLIC PLACES IN THE
CITY OF OKEECHOBEE,
FLORIDA, AND ITS SUCCESS-
, ELECTRIC LIGHT AND
POWER LINES, TOGETHER
WITH ALL THE NECESSARY OR
DESIRABLE APPURTENANCES, FOR
THE PURPOSE OF SUPPLYING ELEC-
TRICITY TO SAID CITY, AND ITS SUC-
CESSORS, THE INHABITANTS THEREOF,
AND TO PERSONS AND CORPORATIONS BE-
YOND THE LIMITS THEREOF, FOR LIGHT,
HEAT, POWER AND OTHER ER PURPOE S, AND I e
POSING PROVISIONS AND COiDITIONS RELATING
THERETO:-.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OHEECHOBEE, FLORIDA:-
Sectional. That there is hereby granted to Florida Power & Light
Company, its successors and assigns (herein called the Grantee), the
right privilege or franchise for the full period of thirty (30) years
from the date of acceptance hereof, to construct, maintain and operate
in, under, upon and across the present and future streets, avenues, al-
leys, highways, bridges, easements and other public places in the City
of Okeechobee, Florida, and its successors, electric light and power lines
together viith all 'the necessary or desirable appurtenances (including
underground conduits, poles, towers, wires and transmission lines, and
for its own use, telephone and telegraph lines) for the purpose of
supplying electricity to said towfi, and its successors, the inhabitants
thereof, and persons and corporations beyond the limits thereof, for light,
heat, power and other purposes. This grant is made in consideration of
the construction, maintenance and operation of the electric light and
power lines by the @rantee herein provided for, and for the benefits
and conveniences to the inhabitants of said City as a result thereof.
Section 11. That the City of Okeechobee, Florida, hereby reserves
the right at or after expiration of the grant, to purchase the property
of the Grantee used under this grant, as provided by the laws of Florida,
in effect at the time of the Grantee's acceptance hereof, including Section
1844 of the Revised General Statutes of Florida of 1920, and as a condition
precedent to the taking effect of this grant, the Grantee shall give and
grant to the City of Okeechobee, Florida, the right to purchase so reserved,
Grantee shall be deemed to have given and granted such right of purchase by
the act of acceptance hereof.
Section 111. That poles and towers shall be so located or relocated
and so erected as`to interfere as little as :peaseelee with t ti
streets, avenues, alleys, highways, bridges and public places, and with
reasonable egress from and ingress to abutting property. The location or
relocation of all poles, towers and conduits shall be made under the super-
vision and with the approval of such representatives as the City Council
of the City of Okeechobee, Florida, may designate for the purpose but not so
as unreasonably to interfere with the proper operation of Grantee's lines
and service.
Section 1V. That the City shall in no way be liable or responsible
for any accident or damage that may occur in the oonstruction, operation
or maintenance by the Grantee of its lines and appurtenances hereunder,
and the acceptance of this franchise shall be, deemed an agreement on the
art of said Grantee to indemnify said City and hold it harmless against
y and all liability, loss, cost, damage or se which may accrue to
said City by reason of the neglect, default e misconduct of the Grantee
yin the construction, operation or maintenance of its lines and appurte-
nances hereunder.
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Section V. That all lines constructed under this grant shall
be constructed and maintained in accordance with established practice.
with respect to electrical construction and maintenance.
Section Vi. The Grantee agrees to make promptly such extensions to its
existing facilities as may be required by one or more customers, or pros -
pective customers, provided, that if the revenues to be derived therefrom
shall not afford a fair and reasonable return on the cost of providing and
rendering the required service, then Grantee shall be permitted to, and
is hereby authorized to, exact,from such customer or customers such cash
advances, or make with such customer or customers such arrangements as to
cash advances, tints= guarantees, service guarantees and or other arranger
merits, as will enable Grantee to earn a fair and reasonable return ..th >.-
cost_ _of id rig and rehiring the required service.
Section V11. That the rates fixed by the Grantee from time to time shall
at all times be just and reasonable; and, subject to reasonable minimum
charges and service guarantees, Grantee's net rates for electric energy
furnished for lighting purposes shall not exceed 15¢ per kilowatt hour.
Section Vill. That said City agrees to pass all ordinances necessary
bi 'suittable, both for the protection of the rights and property of said Grantee,
and to enable said Grantee to enforce any of said Grantee's reasonable rules
and regulations for the management, operation and control of the service here-
under, and to pass any ordinance O r-ordinahoes that mgycbe neeebbary or suit-
able in order to fully confirm to said Grantee the rights herein or hereby
granted or intended so to be.
Section 1X. That when any portion of a street is excavated by Grantee
in the location or relocation of any of its conduits, poles, tov}ers, wires and
transmission lines, the portion of the street so excavated shall, within
a reasonable time and as early as practicable after such excavation be
replaced in as good condition as it was at the time of such excavation,
Section X. That failure on the part of the Grantee to 00 in
a e-t ial-reepe 1tt any of the" i3 diioi.s of tihii franchise, s
be grounds for a forfeiture of this grant, but no such forfeiture.ehall
take effect if the reasonableness or propriety thereof is protested by the
Grantee until a court of a competent jurisdiction (with right of appeal in
either party) shall have found that said 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 determination of the
question, to make good the default before a forfeiture shall result with
the right in the City Council at its discretion to grant such additional
time to the Grantee for compliance as necessities in the case recuire.
Section X1. That the Grantee is hereby given the right and authority to
make assignments of this right, privilege and authority and the rights
hereunder, all assignees to be bound to the same extent as the original
Grantee.
Section X11. This ordinance shall take effect as soon as it shall have been
duly approved and adopted as required by law and accepted as required
herein. In the event, the Grantee shall surrender or procure the surrender
of to the City of Okeechobee, Florida, at any time during the life hereof,t
all the right, title and interest of Southern Utilities Company in and to
the certain franchise granted to Okeechobee Ice Company, passed October`
10, 1916, and approved October 10, 1916, the City agrees to accept such
surrender and thereupon such franchise granted to Okeechobee Ice Company
shall be-and become null and void.
Section X111. That the Grantee shall file its written acceptance of
this franchise with the City Clerk of the City of Okeechobee, Florida,
within thirty (30) days after it shall have been duly approved and
adopted as required by law.
Section X1V: That all ordinances, and parts of ordinances, in conflict
herewith be and the same are hereby repealed.
Passed and adopted this 3 day of