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HomeMy WebLinkAboutOrdinance 290 Florida Power Franchise ORDINANCE NO. 290 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, GRANTING A FRANCHISE TO THE FLORIDA POWER CORPORATION PROVIDING FOR ELECTRIC SERVICE WITHIN THE CITY LIMITS OF WINTER SPRINGS, FLORIDA; ESTABLISHING A TERM OF THIRTY (30) YEARS; PROVIDING FOR EASEMENTS; ESTABLISHING ELECTRICITY RATES; PROVIDING FOR A SIX PERCENT (6%) FRANCHISE FEE; PROVIDING FOR THE PURCHASE OF FRANCHISE FACILITIES; ESTABLISHING LIABILITY RESPONSIBILITIES; EXTENDING THIS ORDINANCE TO ANNEXED TERRITORY; CONFLICTS; EFFECTIVE DATE. WHEREAS, the City of Winter Springs, Florida, desires to provide for electric service within its present and future boundaries; and WHEREAS, the City wishes to specify the conditions under which a franchise for electric service shall be operated within its City limits. NOW, THEREFORE, BE IT ORDAINED THAT: SECTION I. For a period of thirty (30) years, the City of Winter Springs, Florida, (herein sometimes referred to as GRANTOR), does hereby give and grant to Florida Power Corporation, a corporation organized and existing under the laws of the State of Florida, and to its legal representa- tives, successors and assigns (herein called GRANTEE), the right, privilege, and franchise to construct, operate, and maintain in the said City of Winter Springs, Florida, all electric power facilities required by the GRANTEE for the purpose of supplying electricity to GRANTOR, its inhabitants, and the places of business located within GRANTOR'S boundaries. SECTION II. With respect to the right, privilege, and franchise granted to GRANTEE in Section I, above, said GRANTEE shall have for a period of thirty (30) years the right, privilege, franchise, power, and authority to use the streets, avenues, alleys, easements, wharves, bridges, public thorough- fares, public grounds, and/or other public places of GRANTOR as they now exist or may hereafter be constructed, opened, laid out, or extended beyond the present geographical boundary lines of GRANTOR. SECTION III. The rates to be charged by the GRANTEE for electric service rendered under this franchise shall be the GRANTEE'S standard public tariffs now in effect or as subsequently approved by the Florida Public Service Commission or such other State agency as may have proper jurisdiction under the general laws of the State of Florida. SECTION IV. Within thirty (30) days after the first anniversary of the effective date of this grant, and within thirty (30) days after each succeeding anniversary of the effective date of this grant, the Grantee, its successors, and assigns shall pay to the GRANTOR and its successors an amount which added to the amount of all taxes, licenses, and other im- positions levied or imposed by the GRANTOR upon the GRANTEE'S electric property, business, or operations, for the preceding tax year, will equal six percent (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 (12) months preceding the applicable anniversary date. SECTION V. At and after the expiration of this franchise, GRANTOR shall have the right to purchase the electric plant and facilities of GRANTEE located within the corporate limits of GRANTOR which are used under or in connection with this franchise or right, at a valuation of the property desired, real and personal, which valuation shall be fixed by arbitration as may be provided by law. Excepted from this reservation are power plants and high tension transmission lines owned by the Corporation and connected with its general system of distribution and used for the purposes of serving communities other than the GRANTOR herein. As a condition precedent to the taking effect of this franchise grant, GRANTEE shall give and grant to the GRANTOR the right to purchase herein so reserved. GRANTEE shall be deemed to have given and granted such right of purchase and satisfied this condition precedent by its acceptance of this franchise. The franchise fee hereunder shall not be deemed to include ad valorem taxes. SECTION VI. 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 expense 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 VII. In the event of annexation of any territory to the present corporate limits of GRANTOR, any and all portions of the electric system of GRANTEE located in said annexed territory shall be subject to all of the terms and conditions of this grant as though it were an extension made hereunder. 2. SECTION VIII. All ordinances and parts of ordinances in conflict herewith are hereby repealed. SECTION IX. This ordinance shall take effect April 1, 1984, which said date shall be used in computing the thirty (30) year period of this franchise. FIRST READING this 28th day of February,1984. SECOND READING this 29th day of March, 1984. PASSED AND ADOPTED THIS 27th day of March, 1984. CITY OF WINTER SPRINGS, FLORIDA JOHN V. TORCASO, MAYOR ATTEST: Mary T. Norton City Clerk Posted Feb. 29, 1984. 3. TELEPHONE (305) 327-1800 WINTER SPRINGS. FLORIDA ZIP CODE 32708 CITY OF WINTER SPRINGS, FLORIDA NOTICE OF PUBLIC HEARING NOTICE is hereby given by the City Commission of the City of Winter Springs, Florida, that said Commission will hold a public hearing on an ordinance entitled as follows: AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, GRANTING A FRANCHISE TO THE FLORIDA POWER CORPORATION PROVIDING FOR ELECTRIC SERVICE WITHIN THE CITY LIMITS OF WINTER SPRINGS, FLORIDA; ESTABLISHING A TERM OF THIRTY (30) YEARS; PROVIDING FOR EASEMENTS; ESTABLISHING ELECTRICITY RATES; PROVIDING FOR A SIX PERCENT (6%) FRANCHISE FEE; PROVIDING FOR THE PURCHASE OF FRANCHISE FACILITIES; ESTABLISHING LIABILITY RESPONSIBILITIES; EXTENDING THIS ORDINANCE TO ANNEXED TERRITORY; CONFLICTS; EFFECTIVE DATE. This Public Hearing will be held at 7:30 p. m. on Tuesday, March 27, 1984 , or as soon thereafter as possible in the Commission Chamber, City Hall, 400 N. Edgemon Ave., Winter Springs, Florida. Copies of the proposed ordinance are available in the office of the City Clerk for inspection. Interested parties may appear at this hearing and be heard with respect to this proposed ordinance. Please be advised that, under State Law, if you decide to appeal a decision made with respect to this matter, you will need a record of the proceedings and may need to ensure that a verbatim record is made. Dated this 5th day of March , 19 84. CITY OF WINTER SPRINGS, FLORIDA hu~7~ Mary T. Norton, City Clerk EDMUND T. BAXA,JR. PAU1. H. BOWEN JEANE1.1.E G. BRONSON PAU1. F. BRYAN DWIGHT I. COO1. GRACE ANNE G1.AVIN EDWARD E. HADDOCK, JR. A1.1.AN J. KATZ FRANK C. KRUPPENBACHER EDWARD 1.. KUTTER THOMAS F. 1.ANG PETER G. 1.ATHAM PATRICIA RETHWI1.1. MUE1.1.ER RICHARD R.SWANN MARTIN B. UNGER DAVID A.WEBSTER JAMES G. WI1.1.ARD d~~~ ~~ ~~~~Jk, IN OR1.ANDO: SUITE 1100 135 WEST CENTRA1. BOU1.EVARD POST OFFICE BOX 640 OR1.ANDO, F1.0RIDA 32802-0640 (305) 425-3939 REPLY TO: OR1.ANDO IN TA1.1.AHASSEE: SUITE 880 BARNETT BANK BUI1.DING 315 SOUTH CA1.HOUN STREET TA1.1.AHASSEE, FLORIDA 32301 (904) 224-9634 OF COUNSEL: PERVIE P. SWANN PATRICK F. MARONEY March 6, 1984 Mr. Richard Rozansky City Manager City of Winter Springs 400 North Edgemon Avenue Winter Springs, Florida 32707 Re: Ordinance # Dear Dick: Enclosed, please find a black-lined draft of the proposed amended Ordinance. The only change appears in Section V which provides that the franchise tax is not to be interpreted to include ad valorem taxes. If the proposed change meets with your approval, it should be placed on the Agenda. Should you have any questions or comments as to the proposed amendment, please give us a call. Sincerely, ~,~~ Je nelle G. Bronson JGB/cw Enclosure & "'i,.;r;:;::\. 'j'.- ~ ~llWL[ T) Iff. .d ~..., - {r~ ; I'r~ ~j " r':;i.~~\~~ . I;~'l ."- ~,..," 4,';..J ... " MAR 7 1984 t.p ~ ~'- CITY of WiNTER SPRINGS O-l, "" 6^ - ,~ an MANAG" --. -_.._..._~-_. ~J?(~rrr~,ryl? rl II {".. \.', J;; i ~',' ; .:', ' <. :.J . 1 j ." f"~ .,,,. c... . '" .'. Ie;:' . '. I ...,~ .".-' '<,;, i~",L M"Y ,.~, ". Ulr\!/ . . .#~\, ' .'> .: ~ :~I L~;~t Rorida Power CORPORATION May 23, 1984 CJIY of WINTER SPRINGS CITY HAll The Honorable John V. Torcaso Mayor, and the Board of Commissioners City of Winter Springs Winter Springs, Florida Subject: Electric Franchise Ordinance No. 290 and associated Resolution of the City of Winter Springs. Gentlemen: The undersigned Florida Power Corporation hereby accepts the above- mentioned franchise revision and each of the terms thereof as clarified by the Resolution adopted May 22, 1984. Please file this acceptance letter in the official records of the City, so that it may be a matter of record along with the said franchise ordinance No. 290, the aforesaid Resolution and the appropriate amend-. ments thereto. Very truly yours FLORIDA POWER CORPORATION MHP/jh General Office 3201 Thirty-fourth Street South. P.O. Box 14042. SI. Petersburg, Florida 33733 .813-866-5151 SILVIA MORELL ALDERMAN EDMUND T. BAXA,JR. PAUL H. BOWEN JEANELLE G. BRONSON PAUL F. BRYAN DWIGHT I. COOL GRACE ANNE GLAVIN EDWARD E. HADDOCK, JR. ALLAN J. KATZ CHRISTOPHER K. KAY FRANK C.KRUPPENBACHER EDWARD L. KUTTER THOMAS F. LANG PETER G. LATHAM PATRICIA RETHWILL MUELLER RICHARD R. SWANN THOMAS R. TEDCASTLE MARTIN B. UNGER DAVID A.WEBSTER JAMES G. WILLARD d~~~ ~~ ~~6'~J~ REPLY TO: ORLAt'. ~..~.if.~;, ~ I r~:i'"'' . ..~.... May 29, 1984 IN ORLANDO: SUITE 1100 135 WEST CENTRAL BOULEVARD POST OFFICE BOX 640 ORLANDO, FLORIDA 32B02-0640 . ":::::i~".'" (305) 425-3939 O\IJPrr- ;~ ':~.'? 1::.11.... Tlu' IN TALLAHASSEE: "". ."', L f:. II SUITE eeo "';) '.: BARNETT BANK BUILDING . 315 SOUTH CALHOUN STREET TALLAHASSEE, FLORIDA 32301 (904) 224-9634 MAY ~~ 0 1q84 ~TY of WI1H(R $?1H~GS OIY HALL OF COUNSEL: PERVIE P. SWANN PATRICK F. MARONEY Ms. Mary Norton City Clerk City of Winter Springs 400 N. Edgemon Winter Springs, FL 32708 Dear Mary: Please find enclosed the original acceptance letter from Florida Power Corporation. Please have this acceptance filed in the public records of winter Springs. If you have any questions, please do not hesitate to call me. Very truly yours, Thomas F. Lang TFL/tp Enclosure ..7~~E-~"~~ f[..ITJ~'~S~, 'i' () II rJ'. , ?, ~~~- ..~ ~, II .., ,,~< ~ .' '~.t: ".. ~"..J.;7 -..l.~ '~ r;o.,i0 _~.F ~=""~ CITY OF WINTER SPRINGS, FLORIDA 400 NORTH EDGEMON AVENUE WINTER SPRINGS, FLORIDA 32708 Telephone (305) 327-1800 March 29, 1984 Mr. Ken Cone Florida Power Corporation P. O. Box 609 Longwood, Fl. 32750 Dear Mr. Cone: Enclosed please find a copy of Ordinance No. 290 of the City of Winter Springs which was duly passed by the City Commission on Tuesday, March 27, 1984, which extends the franchise period. If there is any further information you may need, please call this office. Yours truly, CITY OF WINTER SPRINGS ?Ju-lo/7' ~ Mary T. Norton, City Clerk ~If~'l~~~ ~tt \'5 \~ . ~::::o:'R~~:riblt} S5 Qff ni ~N~:,\~~l%~ Before the undersigned authority personally appeared (,111 Catherine Deering The Orlando Sentinel' Published Daily A1tamonte Springs, Seminole County, Florida who on oath says that she is the Legal Advertising Representative of the Orlando Sentinel, a Daily newspaper published at Altamonte Springs, in Seminole County, Florida; that the attached copy of ad- vertisement,beingn Notice of Public Hearinq in the matter of Franchise to the Florida Power Corporation in the Court, was published in said newspaper in the issues of March 11, 1984 Affiant further says that the said Orlando Sentinel is a newspaper published at Altamonte Springs, in Seminole County, Florida, and that the said newspaper has heretofore been contin- uously published in said Seminole County, Florida, each Week Day and has been entered as second-class mail matter at the post office in Altamonte Springs, in said Seminole County, Florida for a period of one year next preceding the first publication of the attached copy of ad- vertisement; and affiant further says that he/she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. ~~~~ 13th Sworn to and subscribed before me this of ~ ~-v. ~ tary Public, State of Florid at r{~ Public y Commission Expires July 13, 1985 Bonded by American Fire & Casualty Co. ADVERTISING CHARGE $24.65 clay _OF -~! ,,: . Is b8reby giveIl bY 'CitY Commiasion of the City 01 Winter spi'irig8.f'IOl'~~ will ~ a public hearing onanQRlI- nance tntitled as lollQWS: , " AN ClFtDINANCE ,OF THE CITY OF WINT~I'l,,$"alNGS, Ft,.;O~IOA, GAA,NTINGA FRANCHISE TO Tl'IEFI.. POWER CORP.()- B~, 100f'lG, FOR ELEC, TAIWlTHINTHE CITY 1..1M TSOf,'WJ~TI!R, spRINGS, . FI..ORIO).', eS.TA8l..lSHJ.NG .A TERM (jF'lfIIRTY (30) VEARS; PROVIDING" FOfI i:ASEMENTS; ESTABLISHING El.ECTRICITY RATES;,PF,lOVIr:>ING FOR A SIX PERCE:NT (~) FRANCHISE FEE; PROVID,IN'G FOR THE PUR- CH~SE.OFFRAl\ICI'IISE: FACII.i- TIES' ESt.ISHING I:lABII..ITY REsPoNs!all..l...IES; EXTENDING tHIS OA'OlIilAHCE .,TO AHtll:XED . TERRlnm\'; C(lNFL~TI; EF. FECTIVE tl,.'TE~;" '. " . ThIs PubliC' Hearing wtllllehllld 81 7:30p.ln.on TUMday. Mafcl127, 1884, or . 'aOOf\ ~.. poelllblt in file '~.'Chambtr,' CIty Hall, 400 N. ~ Ave., Winter SprIngs, Florida. " ',. .." . Copiea of ,tlIe-prOpoMod. ~ - avllil8lllelrlltl8~ 01 ~ City Clerk . lor Inspection. ~... partIe8. may appe8" *I tIIIe llellring and be '*<<I witb'rif8Pllct<to this -p,oposed ordiflllllC8' ,',.... " . ~e be adYislliI .thJt. hn3er $t~ 1.._. If you deCide to8Pl*!'a deci- I slon mlldewlttl reapect 10 tIIIe matter, you will need arecoRl of ltI8 proceed, Ingan, III8Y may, ,llMd ',. . to eMure that a veftlSlim rec:citd is~. Dated tIIIe'fith,'daY of March. 1984. Cl'l'VClF WINTER SPRINGS. . F\..OAlOA. " " ' IS/tMlyT. Norton YaI)'"T., Norton CityCletk 1..8-090(65) Mar.11,l984 FORM NO. AD-264 ORDINANCE N0. ~Jc AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, GRANTING A FRANCHISE TO THE FLORIDA POWER CORPORATION PROVIDING FOR ELECTRIC SERVICE WITHIN THE CITY LIMITS OF WINTER SPRINGS, FLORIDA; ESTABLISHING A TERM OF THIRTY (30) YEARS; PROVIDING FOR EASEMENTS; ESTABLISHING ELECTRICITY RATES; PROVIDING FOR A SIX PERCENT (6X) FRANCHISE FEE; PROVIDING FOR THE PURCHASE OF FRANCHISE FACILITIES; ESTABLISHING LIABILITY RESPONSIBILITIES; EXTENDING THIS ORDINANCE TO ANNEXED TERRITORY; CONFLICTS; EFFECTIVE DATE. WHEREAS, the City of Winter Springs, Florida, desires to provide for electric service within its present and future boundaries; and WHEREAS, the City wishes to specify the conditions under which a f franchise for electric service shall be operated within its City limits. NOW, THEREFORE, BE IT ORDAINED THAT: SECTION I. For a period of thirty (30) years, the City of Winter Springs, Florida, (herein sometimes referred to as, GRANTOR), does hereby give and grant to Florida Power Corporation, a corporation organized and existing under the laws of the State of Florida, and to its legal representa- tives, successors and assigns (herein called GRANTEE), the right, privilege, and franchise to construct, operate,. and maintain in the said City of Winter Springs, Florida, all electric power facilities required by the GRANTEE for the purpose of supplying electricity to GRANTOR, its inhabitants, and the places of business located within GRANTOR'S boundaries. SECTION II. With respect to the right, privilege, and franchise granted to GRANTEE in Section I, above, said GRANTEE shall have for a period of thirty (30) years the right, privilege, franchise, power, and authority to use the streets, avenues, alleys, easements, wharves, bridges, public thorough- fares, public grounds, and/or other public places of GRANTOR as they now exist or may hereafter be constructed, opened, laid out, or extended beyond the present geographical boundary lines of GRANTOR. SECTION III. The rates to be charged by the GRANTEE for electric service rendered under this franchise shall be tze GRANTEE'S standard public tariffs now in effect or as subsequently approved by the Florida Public Service Commission or such other State agency as may have proper jurisdiction under the general laws of the State of Florida. SECTION IV. Within thirty (30) days after the first anniversary of the effective date of this grant, and within thirty (30) days after each succeeding anniversary of the effective date of this grant, the Grantee, its successors, and assigns shall pay to the GRANTOR and its successors an amount which added to the amount of all taxes, licenses, and other im- positions levied or imposed by the GRANTOR upon the GRANTEE'S electric property, business, or operations, for the preceding tax year, will equal six percent (6X) 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 (12) months preceding the applicable anniversary date. SECTION V. At and after the expiration of this franchise, GRANTOR shall have the right to purchase the electric plant and facilities of GRANTEE located within the corporate limits of GRANTOR which are used under or in connection with this franchise or right, at a valuation of the property desired, real and personal, which valuation shall be fixed by arbitration as may be provided by law. Excepted from this reservation are power plants and high tension transmission lines owned by Che Corporation and connected with its general system of distribution and used for the purposes of serving communities other Chan the GRANTOR herein. As a condition precedent to the taking effect of this franchise grant, GRANTEE shall give and grant to the GRANTOR the right to purchase herein so reserved, GRANTEE shall be deemed to have given and granted such right of purchase and satisfied this condition precedenC by its acceptance of this franchise. The franchise fee hereunder shall not be deemed to include ad valorem taxes. SECTION VI. 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 Che 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 expense 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 VII. In the event of annexation of any territory to the present corporate limits of GRANTOR, any and all portions of the electric system of GRANTEE located in said annexed territory shall be sub3ect to all of the terms and conditions of this grant as though it were an extension made hereunder. 2. r SECTION VIII. A11 ordinances and parts of ordinances in conflict ;herewith are hereby repealed. SECTION IX. This ordinance shall take effect April 1, 1484, which said date shall be used in computing the thirty (30) year period of this franchise. FIRST READING this 28th day of February 1984. SECOND READING this day of _~~~, 1984. PASSED AND ADOPTED THIS~~_day of .Tl.~~, 1984. ' CITY OF WINTER SPRINGS, FLORIDA ATTEST: City Clerk Posted Feb. 29, 1984. 3.