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HomeMy WebLinkAboutOrdinance 57 Electricity ORDINANCE 57 AN ORDINANCE OF THE VILLACE OF NORTH ORLANDO, FLORIDA, GRANTING A FRANCHISE TO THE FLORIDA POWER CORPORATION PROVIDING FOR ELECTRICITY WITHIN THE VILLAGE OF NORTH ORLANDO, FLORIDA LIMITS; 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; REPEALING ORDINANCES IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH ORLANDO, FLORIDA: SECTION 1. That for a period of thirty (30) years, the Village of North Orlando, Florida, (Herein sometimes re- ferred 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 representatives successors and assigns (herein called GRANTEE), the right, privi- lege and franchise to construct, operate and maintain in the said Village of North Orlando, Florida, all electric power facilities required by the GRANTEE for the purpose of supplying electricity to GRANTOR, its inhabitants and the places of busi- ness located within GRANTOR'S boundaries. SECTION 2. That with respect to the right, privilege and franchise granted to GRANTEE in Section 1 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 3. 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 sub- sequently 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 4. That 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 ef- fective 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 5. 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 fran- chise 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 distri- bution 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 -2- 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. SECTION 6. 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 expense, which may accrue to GRANTOR by re- ason of the neglect, default, or misconduct of GRANTEE in the construction, operation or maintenance of its facilities here- under. SECTION 7. 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 ter- ritory shall be subject to all of the terms and conditions of thi grant as though it were an extension made hereunder. SECTION 8. That all ordinances and parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 9. This ordinance shall take effect July 1, 1971, which said date shall be used in computing the thirty (30) year period of this franchise. FIRST READING this 19th day of April, 1971 SECOND READING this 3rd day of May, 1971 -3- PASSED AND ADOPTED this 3rd day of May, 1971. VILLAGE OF NORTH OF FLORIDA BY: Granville Brown Mayor ATTEST: Mary T. Norton Village Clerk -4- FLORIDA POWER CORPORATION FLORIDA July 9, 1971 Honorable Mayor and Councilmen Village of North Orlando North Orlando, Florida In re: Electric Franchise Granted by the Village of North Orlando to Florida Power Corporation on May 3, 1971, Effective July 1, 1971. Gentlemen: The undersigned Florida Power Corporation hereby accepts the above-mentioned franchise and each of the terms thereof. Kindly file this acceptance in the minute book of the Village of North Orlando so that it may be a matter of record along with the said Franchise Ordinance No. 57. Very truly yours, FLORIDA POWER CORPORATION By John E. Gleason Vice President Attest: Betty M. Clayton Assistant Secretary jeg:mt :~;y `. f ~ ,"~~. ORDINANCE ~? AN ORDINANCE OF THE VILLA( OF NORTH ORLANDO, FLORIDA, GRANTING A FRANCHISE TO THE FLORIDA POWER CORPORATION PROVIDING FOR ELECTRICITY WITHIN THE VILLAGE OF NORTH ORLANDO, FLORIDA LIMITS; 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; REPEALING ORDINANCES IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH 0 RLANDO, FLORIDA: SECTION 1. That for a period of thirty (30) years, the Village of North Orlando, Florida, (Herein sometimes re- ferred 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 representative successors and assigns (herein called GRANTEE), the right, privi- lege and franchise to construct, operate and maintain in the said Village of North Orlando, Florida, all electric power facilities required by the GRANTEE for-the purpose of supplying electricity to GRANTOR, its inhabitants and the places of busi- ness located within GRANTOR'S boundaries. SECTION 2. That with respect to the right, privilege and franchise granted to GRANTEE in Section 1 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 3. 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 sub- sequently 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 4. That 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 ef- fective 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 GRANTEES 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 5. At and after the expiration of this franchi~ 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 fran- chise 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 distri- bution 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 e, -2- z:: ;~''~ 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. SECTION 6. 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 expense, which may accrue to GRANTOR by re - ason of the neglect, default, or misconduct of GRANTEE in the construction, operation or maintenance of its facilities here- under. SECTION 7. 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 ter- ritory shall be subject to all of the terms and conditions of thi: grant as though it were an extension made hereunder. SECTION 8. That all ordinances and parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 9. This ordinance shall take effect July 1, 1971, which said date shall be used in computing the thirty (30) year period of this franchise. FIRST READING this 19th day of April 1971 SECOND READING this- ~ day of~ Ar~ 1971 -3- ~- . O PASSED AND ADOPTED this ~~ day of M ~ ~ 1971. VILLAGE OF NORTH ORLANDO FLORIDA BY • ,~ Mayor ATTEST: Village Clerk -4- ~- ~ /^ ,. ~ ~ - l • FI,ORIIIA POWER ~ORPOIdATION ST.PETEBSBUEG FLORIDA July 9, 1971 Honorable Mayor and Councilmen Village of North Orlando North Orlando, Florida In re: Electric Franchise Granted by the Village of North Orlando to Florida Power Corporation on May 3, 1971, Effective July 1, 1971. Gentlemen: The undersigned Florida Power Corporation hereby accepts the above.~mentioned franchise and each of the terms thereof. Kindly file this acceptance in the minute book of the Village of North Orlando so that it may be a matter of record along with the said Franchise Ordinance No. 57. Very truly yours, FLORIDA POWER CORPORATION By ohn E. Gle son ice President Attest: j Assi ant Secret y jeg:mt