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HomeMy WebLinkAboutOrdinance 297 Florida Power Franchise ORDINANCE NO. 297 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING ORDINANCE NO. 290 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 FACILI- TIES; ESTABLISHING LIABILITY RESPONSIBILITIES; EX- TENDING THIS ORDINANCE TO ANNEXED TERRITORY; CON- FLICTS; 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. WHEREAS, the City enacted Ordinance No. 290 on March 27, 1984 granting such a franchise; however, such Ordinance contained an ambiguity in Section IV which the City desires to clarify. NOW THEREFORE, BE IT ORDAINED THAT: Sect ion 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 corpora- tion organized and existing under the laws of the State of Florida, and to its legal representatives, 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 pur- pose of supplying electricity to GRANTOR, its inhabitants, and the places of business located within the 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 thoroughfares, public grounds, and/or other public places of GRANTOR as they now exist or may hereinafter be constructed, opened, laid out, or extended beyond the present geo- graphical boundary lines of GRANTOR. Section III. The rates to be charged by the GRANTEE for elec- tric 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 anniver- sary of the effective date of this grant, and wi thin 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 wh ich added to the amount of all taxes, licenses, and other impositions levied or imposed by the GRANTOR upon the GRANTEE's electr ic property, bus iness, or opera- tions, 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 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 construed to be or to include ad valorem taxes, however, the GRANTEE may include ad valorem taxes in the taxes used to calculate the amount - 2 - of franchise fee due the City pursuant to Section IV of this Ordinance. Section VI. GRANTOR shall in no way be liable or responsible for any accident or damage that may occur in the construction, oper- ation, or maintenance by GRANTEE or its facilities hereunder, and the acceptance of this Ordinance shall be deemed an 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 miscon- duct 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 port ions 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. SECTION VIII. The franchise given hereby shall be deemed to be an extension of the franchise given by the Village of North Orlando (predecessor to the City) to the GRANTEE pursuant to an ord inance adopted as of May 3, 1971. With the exception of the above-mentioned ordinance, of which this Ordinance serves as a supplement and amendment, all ordinances and parts of ordinances in conflict herewith are hereby repealed. SECTION IX. This Ordinance shall take effect upon enactment, however, April 1, 1984 shall be used in computing the thirty (30) year period of this franchise. FIRST READING, this 22nd day of May, 1984 SECOND READING, this 26th day of June, 1984 PASSED AND ADOPTED, this 26th day of June, 1984. CITY OF WINTER SPRINGS, FLORIDA By John V. Torcaso, Mayor ATTEST: Mary T. Norton City Clerk -3- ~ '.' . ,;-<-IlINTE'?',: ' -' i:j .............."..,"'i;: "..l.(' _.'A.. .... ~ ,... ,>- ,.. ~ '1"~, :.OJ . " \. I . \ ," ~ \~ '\" ~~. j....... ,.1,1" , . CITY OF WINTER SPRINGS, FLORIDA 400 NORTH EDGEMON AVENUE WINTER SPRINGS. FLORIDA 32708 Telephone (305) 327.1800 May 24, 1984 The Orlando Sentinel Legal Advertisements P. O. Box 2833 Orlando, Fl. 32802 Dear Sirs: Enclosed please find Notice of Public Hearing for the City of Winter Springs, Florida, to be published one time in the Little Sentinel on Tuesday, June 5, 1984. Please send proof of publication and invoice to this office. Thank you. Yours truly, CITY OF WINTER SPRINGS ~r~ Mary T. Norton, City Clerk TELEPHONE (305) 327-1800 WINTER SPRINGS FLORIDA ZIP CODE 327GB 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, AMENDING ORDINANCE NO. 290 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 FACILI- TIES; ESTABLISHING LIABILITY RESPONSIBILITIES; EX- TENDING THIS ORDINANCE TO ANNEXED TERRITORY; CON- FLICTS; EFFECTIVE DATE. This Public Hearing will be held at 7:30 p. m. onTuesday, June 26, 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 24thday of May 1984. CITY OF WINTER SPRINGS, FLORIDA ~r~ Mary T. Norton, City Clerk - ~flMJ~ :....-- ORDINANCE NO. A q 7 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING ORDINANCE NO. 290 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 FACILI- TIES~ ESTABLISHING LIABILITY RESPONSIBILITIES~ EX- TENDING THIS ORDINANCE TO ANNEXED TERRITORY~ CON- FLICTS~ 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 wi thin its Ci ty limits. WHEREAS, the City enacted Ordinance No. 290 on March 27, 1984 granting such a franchise~ however, such Ordinance contained an ambiguity in SectionIV which the City desires to clarify. NOW THEREFORE, BE IT ORDAINED THAT: Sect ion 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 corpora- tion organized and existing under the laws of the State of Florida, and to its legal representatives, 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 pur- pose of supplying electrici ty to GRANTOR, its inhabi tants, and the places of business located within the 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 thoroughfares, public grounds, and/or other public places of GRANTOR as they now exist or may hereinafter be constructed, opened, laid out, or extended beyond the present geo- graphical boundary lines of GRANTOR. Section III. The rates to be charged by the GRANTEE for elec- tric 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 anniver- sary 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 impositions levied or imposed by the GRANTOR upon the GRANTEE's electr ic property, bus iness, or opera- tions, 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 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 construed to be or to include ad valorem taxes, however, the GRANTEE may include ad valorem taxes in the taxes used to calculate the amount - 2 - of franchise fee due the City pursuant to Section IV of this Ordinance. Section VI. GRANTOR shall in no way be liable or respons ible for any accident or damage that may occur in the construction, oper- ation, or maintenance by GRANTEE or its facilities hereunder, and the acceptance of this Ordinance shall be deemed an 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 miscon- duct of GRANTEE in the construction, operation, or maintenance of its facilities hereunder. SECTION VII. In the event of annexat ion 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. SECTION VIII. All ordinances and parts of ordinances in con- flict herewith are hereby repealed. SECTION IX. This Ordinance shall take effect upon enactment, however, April 1, 1984 shall be used in computing the thirty (30) year period of this franchise. FIRST READING, this day of , 1984. SECOND READING, this day of day of , 1984. PASSED AND ADOPTED, this , 1984. ATTEST: CITY OF WINTER SPRINGS, FLORIDA City Clerk By: JOHN V. TORCASO, Mayor S&H/MC-I 5.11.84 - 3 - Revised 5/22 ORDINANCE NO. 297 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING ORDINANCE NO. 290 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 FACILI- TIES; ESTABLISHING LIABILITY RESPONSIBILITIES; EX- TENDING THIS ORDINANCE TO ANNEXED TERRITORY; CON- FLICTS; 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. WHEREAS, the City enacted Ord inance No. 290 on March 27, 1984 granting such a franchise; however, such Ordinance contained an ambiguity in Section IV which the City desires to clarify. 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 corpora- tion organized and existing under the laws of the State of Florida, and to its legal representatives, 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 pur- pose of supplying electricity to GRANTOR, its inhabitants, and the places of business located within the 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 thoroughfares, public grounds, and/or other publ ic places of GRANTOR as they now exist or may hereinafter be constructed, opened, laid out, or extended beyond the present geo- graphical boundary lines of GRANTOR. Section III. The rates to be charged by the GRANTEE for elec- tric 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 anniver- sary 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 ass igns shall pay to the GRANTOR and its successors an amount which added to the amount of all taxes, licenses, and other impositions levied or imposed by the GRANTOR upon the GRANTEE's electric property, business, or opera- tions, 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 twelve (12) months preceding the applicable anniversary date. Section V. At and after the expirat ion 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 connect ion 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 here in !!o 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 construed to be or to include ad valorem taxes, however, the GRANTEE may include ad valorem taxes in the taxes used to calculate the amount - 2 - of franchise fee due the City pursuant to Section IV of this Ordinance. Section VI. GRANTOR shall in no way be liable or responsible for any accident or damage that may occur in the construction, oper- ation, or maintenance by GRANTEE or its facilities hereunder, and the acceptance of this Ordinance shall be deemed an 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 miscon- duct 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. SECTION VIII. The franchise given hereby shall be deemed to be an extension of the franchise given by the Village of North Orlando (predecessor to the City) to the GRANTEE pursuant to an ord inance adopted as of May 3, 1971. With the except ion of the above-mentioned ordinance, of which this Ordinance serves as a supplement and amendment, all ordinances and parts of ordinances in conflict herewith are hereby repealed. SECTION IX. This Ordinance shall take effect upon enactment, however, April 1, 1984 shall be used in computing the thirty (30) year period of this franchise. FIRST READING, this 22nd day of May, 1984. SECOND READING, this 26th day of June, 1984. PASSED AND ADOPTED, this 26th day of June , 1984. CITY OF WINTER SPRINGS, FLORIDA By: JOHN V. TORCASO, Mayor ATTEST: Mary T. Norton City Clerk - 3 - DISTRIBUTION LIST Richard Rozansky City of Winter Springs 400 N. Edgemon Winter Springs, Florida 32708 (305)327-1800 Mark T. Mustian, Esquire LIVERMORE, KLEIN & LOTT, P.A. 701 Fisk Street Suite 225 Jacksonville, Florida 32204 (904)359-0500 Gary E. Akers Southeastern Municipal Bonds, Inc. Post Office Box 3333 Orlando, Florida 32802 (305)660-2025 Hary T. Norton City Clerk City of Winter Springs 400 N. Edgemon Winter Springs, Florida 32708 (305)327-1800 L. Thomas Giblin NABORS, POTTER, McCLELLAND, GRIFFITH & JONES, P.A. 102 South Monroe Street Post Office Box 11008 Tallahassee, Florida 32302 (904)224-4070 Watsky & Company 777 East Altamonte Drive Altamonte Springs, Florida 32701 (305)834-0777 Florida Power Corporation Attn: James Stanfield 3201 34th Street South St. Petersburg, Florida 33733 (813)866-5151 SILVIA MORELL ALDERMAN EDMUND T. BAXA,JR. PAU L 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 J~~~ ~~ .~~~~J..kv IN ORLANDO: SUITE 1100 135 WEST CENTRAL BOULEVARD POST OFFICE BOX 640 ORLANDO, FLORIDA 32802-0640 (305) 425-3939 REPLY TO: ORLANDO IN TALLAHASSEE: SUITE 8eo BARNETT BANK BUILDING 315 SOUTH CALHOUN STREET TALLAHASSEE, FLORIDA 32301 (904) 224-9634 OF COUNSEL: PERVIE P. SWANN PATRICK F. MARONEY TO: Distribution List FROM: Swann and Haddock, P.A. DATE: May 11, 1984 RE: City of Winter Springs, Improvement Revenue Bonds, Series 1984 Enclosed you will find copies of the Resolution and Ordinance which have been proposed to cure the Grantee's concern (FPC) . These documents will be considered at the Council's May 22, 1984 meeting. If you have any questions or comments, please contact Tom Lang or Jeanelle Bronson as soon as is possible but no later than noon on May 22, 1984. TE LEPHONE (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, AMENDING ORDINANCE NO. 290 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 FACILI- TIES; ESTABLISHING LIABILITY RESPONSIBILITIES; EX- TENDING THIS ORDINANCE TO ANNEXED TERRITORY; CON- FLICTS; EFFECTIVE DATE. This Public Hearing will be held at 7:30 p. m. onTuesday, June 26, 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. 24thday of May , 1984. Dated this CITY OF WINTER SPRINGS, FLORIDA ~r~ Mary T. Norton, City Clerk The Orlando Sentinel Publiabecl lhily . A1tamonte Spring., Seminole County, Florida ~hde of '-loriba} SS. COUNTY OF ORANGE Before the undersigned authority personally appeared Nancy A. Puglia , 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,beingll Nor;C'P of PuhliC' Hearing Amending Ordinance No. 290 in the matter of in the Court, was published in said newspaper in the issues of June 5, 1984 Mfiant 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. Il~k-f+ Sworn to and subscribed before me this 8th of June 84 A.D., 19 ~-v. ~ Notary Public, State of Florida at l My Commission Expires July 13, 1925 Bonded by American Fire & Casualty Co. Public ADVERTISING CHARGE $ 28.10 clay CITY OF WINTER SPRINGS, F\.ORIDA NOTlCJ OF PU8LIC HEARING NOTIC&o-iIhereby giv8lt by the City Commission 01 th. City 01 Wlnt.r Springs. Aorida, that 88id Commill8ion wHI hold a publlc hearing on-llh 0IlI.i- _ entitled 88 follOW$: AN 'ORDINANCE OF 1lIECITY OF WINTER SPRtNGS, FLORIDA, AMENDING ORDINANCE NO. 290 GRANTING J\ FRANCHISE TO THE FLORIDA POWER CORP().." RATION PROVIDING FOR ELEC- TRIC SERVICE WITHIN THE CITY LIMITS OF WINTER SPRINGS, FLORIDA; ESTABLISHING A TERM OF THIRTY (30) YEARS; PROVIDING FOR EASEMENTS; ESTABLISHING ELEC.TRICITY RATES; PROVIDING FOR A SIX PERCENT (6"') FRANCHISE FEE; PROVIDING FOil T.HE PUR- CHASE OF FRANCHISE FACILI- TIES; ESTABLISHING LIABILITY RESPONSIBIUTIES; EXTENDING THIS ORDINANCE TO ANNEXED TERRITORY; CONFLICTS; EF- FECTIVE DATE. TIlls Public Hearing will be held at 7:30 p.m. on Tuesday, June 26, 1984, or as soon th.r.aft.r as possible in th. Commission Chamber. Cily.Hall. 400 N. Edge- mon Av... WInt.er Springs. Florida. Copies ollhe ptOpCeed OIlIinance . are BYail8ble in the office 01 the City Clerk lor inapection. 1nlet'8s1- ed parti.s may appear at this hearing and be heard wi1ll respect to this propoesd OIlIinance. Pl..... b. advised that, und.r Sl8le L_, il.you decid.to appeal a decision made wi1ll respect to '- this matter, you will need a record . 01 the proceedings and may need to ensure t"at a verbatim record Is made. Datad ~~2~ ~~fE~ay. 1984. SPRINGS, F\.ORIDA, IslMary T. Norton, Mary T. Norton City Clerk L8-475(6$) Jun.5,1984 FORM NO. AD-264 •• ORDINANCE NO, 297 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING ORDINANCE NO. 290 GRANTING A FRANCHISE TO THE FLORIDA POWER CORPORATION PROVIDING FOR ELECTRIC SERVICE WITHIN THE CITY LIMITS OF WINTER SPRINGS, FLORIDA; ESTABLISHING A TBRlS OF THIRTY (30) YEARS; PROVIDING FOR EASEMENTS; ESTABLISHING ELECTRICITY RATBS; PROVIDING FOR A SIX PERCBNT (6$) FRANCHISE FEE; PROVIDING FOR THB PURCHASE OF FRANCHISE FACILI- TISS; ESTABLISHING LIABILITY RESPONSIBILITIES; EX- TENDING THIS ORDINANCB TO ANNEX$D TBRRITORY; CON- FLICTS; EFFECTIVB DATB. WHEREAS, the CITY OP 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, WHEREAS, the City enacted Ordinance No. 290 on March 27, 1984 granting such a franchise; however, such Ordinance contained an ambiguity in Section IV which the City desires to clarify, 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 corpora- tion organized and existing under the laws of the State of Florida, and to its legal representatives, 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 ~ur- pose of supplying electricity to GRANTOR, its inhabitants, and the places of business located within the GRANTOR's boundaries. Section II. With respect to the right, privilege, and franchise granted to GRANTEE, in Section I, above, said GRANTEv .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 thoroughfares, public grounds, and/or other public places of GRANTOR as they now exist or may' hereinafter be constructed, opened, laid out, or extended beyond the present geo- graphical boundary lines of GRANTOR. Section III. The rates to be charged by the GRANTEE for elec- tric 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 anniver- sary 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 impositions levied or imposed by the GRANTOR upon the GRANTEE's electric property, business, or opera- tions, 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 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 a::;: granted such right of purchase and satisfied this condition precedent by its acceptance of this franchise. The franchise fee hereunder shall not be construed to be or to include ad valorem taxes, however, the GRANTEE may include ad valorem taxes in the taxes used to calculate the amount - 2 _ .., of .franchise •fee due the City pursuant to Section IV of this Ordinance. Section VI. GRANTOR shall in no way be liable or responsible for any accident or damage that may occur in the construction, oper- ation, or maintenance by GRANTEE or its facilities hereunder and the acceptance of this Ordinance shall be deemed an 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 miscon- duct 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. SECTION VZII. The franchise given hereby shall be deemed to be an extension of the franchise given by the Village of North Orlando (predecessor to the City) to the GRANTEE pursuant to an ordinance adopted as of May 3, 1971. With the exception of the above-mentioned ordinance, of which this Ordinance serves as a supplement and amendment, all ordinances and parts of ordinances in conflict herewith are hereby repealed. SECTION IX. This Ordinance shall take effect upon enactment, however, April 1, 1984 shall be used in computing the thirty (30) year period of this franchise. FIRST .READING, this ~ day of , 1984. SECOyD READING, this ~~(D-z~ day of 1984. PASSED A2iD ADOPTED, this ~~~ day of `~~ - 1984. ATTEST: ~s~.~ 1 1 City Cie k TY OF WATER SPRINGS, FLORIDA V. TORCASO, Mayor SbH/MC.I-5.22.84 - 3 -