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0223 (FPL Franchise )Sp- ORDINANCE Ivo._ — 2-3 AN ORDINANCE GRANTING TO FLORIDA POWER & LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, AN ELEC- TRIC FRANCHISE, AND IMPOSING PROVISIONS AND CONDITIONS RELATING THERETO: BE IT ORDAINED BY THE CITY COUNCIL OF OKEECHOBEE FLORIDA:— Section I. That there is hereby granted to Florida Power & Light Company ( herein called the "Grantee ") , its successors and assigns, the right, privilege or franchise to construct, 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, wires and trans- mission lines, 'and, for its own use, telephone and telegraph lines) for the purpose of supplying electricity to Grantor, and its successors, the inhabitants thereof, and persons and corporations beyond the limits thereof. Section II. That Grantor hereby reserves the right at and after the expiration of this grant to purchase the property of Grantee used under this grant, as provided by the Laws of Florida, in effect at the time of Grantee's acceptance hereof, including Section 167.22 of the Florida Statutes 1941, and as a condition precedent to the taking effect of this grant, Grantee shall give and grant to the Grantor the right to purchase so reserved. Grantee shall be deemed to have given and granted such right of purchase by its acceptance hereof, which shall be filed with the Grantor's clerk within thirty (30) days after this ordinance takes effect. Section III. That the facilities shall be so located or relocated 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 location or relocation of all facilities shall be made under the 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 IV. That Grantor shall in no way be liable or responsible for any accident or damage that may occur in the construction, operation or maintenance by Grantee of its facilities hereunder, and the acceptance of this ordinance shall be deemed an agreement on the part of Grantee, to indemnify Grantor and hold it harmless against any and all liability, loss, cost, damage or " exxpense, which may accrue to Grantor by reason of the neglect, default, or misconduct of Grantee in the construction, operation or maintenance of its facilities hereunder. , Section V. That all rates and rules and regulation established by Grantee from time to time shall at all times be reasonable and Grantee's rates for electricity shall at all times be subject to such regulation as may be provided by law. Section VI. That within thirty days after the first anniversary date of this grant and within thirty days after each succeeding anniversary date during the existence of Oki) grant, the Grantee, its successors and assigns, shall pay to the Grantor and its successors a sum equal to the difference between/six per cent of the amount of its revenues from the sale of electric energy to residential and commercial, customers within the corporate limits of Grantor for the twelve calendar months preceding the applicable anniversary date, and (b) the amount of any taxes, licenses or other impositions levied or imposed by Grantor against Grantee's property, business or opera- tions fcr the preceding tax year. Section VII. 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 VIII. That failure on the part of Grantee to comply in any substantial respect with any of the provisions of this ordinance, shall be grounds for a forfeiture of this grant, but no such forfeiture shall take effect if the reasonableness or propriety thereof is pro- tested 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 after the final de- termination 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 case require. Section IX. This ordinance shall take effect as soon as it shall have been duly passed and adopted as required by law and accepted as required herein. Section X. That all ordinances and part of ordinances, in conflict herewith be and the same are hereby repealed. PASSED AND ADOPTED this (4' day of 0 CTO e � , 19 4 .0 Attest: Clerk The foregoing Ordinance approved on the day Mayor Signery -` roms lien rien± j13 g- Terr2 mere u ACCEPTANCE OF ELECTRIC FRANCHISE ORDINANCE NO. 223 BY FLORIDA POWER & LIGHT COMPANY October 29, 1946 City of Okeechobee Okeechobee, Florida The Florida Power & Light Company does hereby accept Ordinance No. 223, being: "AN ORDINANCE GRANTING TO FLORIDA POWER & LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC FRANCHISE, AND IMPOSING PROVI- SIONS AND CONDITIONS RELATING THERETO" This instrument is filed with the City Clerk of the City of Okeechobee, Florida, in acc ordance with the provisions of Section II of said Ordinance. STATE OF FLORIDA SS: COUNTY OF DADE FLORI' POWER & G COMPANY By J Vice President ATT Assistant S- retary On this 29th day of October, 1946, before me, a Notary Public in and for the State of Florida, appeared ROBERT H. FITE, known to me to be the Vice President of Florida Power & Light Company, and being by me duly sworn, did acknowledge that he exe- cuted said instrument as Vice President of the Florida Power & Light Company, and that the corporate seal affixed thereto is the corporate seal of said corporation and was duly affixed in accord- ance with the authority of the Board of Directors of said Company. My C6c 141st. $11144 MC MV �e }�N Pu ss . ,� isi N MY commission can l76atY C3. of �bY/lmer � Notary Public State of Florida at Large I hereby acknowledge receipt of the above acceptance by the Florida Power & Light Company of Ordinance No. 223, being "AN ORDINANCE GRANTING TO FLORIDA POWER & LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC FRANCHISE, AND IMPOSING PROVI- SIONS AND CONDITIONS RELATING TRERETOn and certify that I have filed same for record in the files of the City of Okeechobee, Florida, this S''' day of y9"--.4w 1946. City Clerk of the City of Okeechobee, Florida STATE OF FLORIDA SS: COUNTY OF OKEECHOBEE I, LORENA PEARCE, City Clerk of the City of Okeechobee, Florida, being duly sworn depose and say as follows: That on the I2-s— day of e2-e-4-1-4-k-, , 1946, I caused to be posted at the door of the City Hall within the corporate limits of the City of Okeechobee, Florida, a certified copy of Ordinance No. 223, duly passed and adopted by the City Council of the City of Okeechobee, Florida, on the 14th day of October, 1946, said Ordinance being entitled: "AN ORDINANCE GRANTING TO FLORIDA POWER & LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC FRANCHISE, AND IMPOSING PROVI- SIONS AND CONDITIONS RELATING THERETO." I FURTHER CERTIFY that the aforesaid Ordinance remained so posted at the aforesaid place in the corporate limits of the City of Okeechobee, Florida, for a period of four weeks. IN WITNESS WHEREOF, I have hereunto set my hand and seal in my official capacity as City Clerk of the City of Okeechobee, Florida. City Clerk Sworn to and subscribed before me, a Notary Public, duly authorized to administer oaths and take acknowledgments, this / day of a✓v -:.t- , 1946. My Commission expires: (114,444) etA} tt-le7 V1/4- Notary Public State of Florida at Large hlbtery Public�f�-%s% of F{erida 'at Lar My CotRnite111� elrlt �l�ly 12, 1. Bonded Iry �}n�'in �i "�o. d� N7 1. .