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HomeMy WebLinkAboutOrdinance 30 Florida Power ~ . .. . . " ---- ~- "'~ .., ;... " " THE VILLAGE OF NORTH ORLANDO,^FLORIDA ORDINANCE NO. 3 0 AN ORDINANCE GRANTING TO FLORIDA POWER CORPORATION, ITS LEGAL REPRESENTATIVES, SUCCESSORS AND ASSIGNS, THE RIGHT AND PRIVI. LEGE OF, AND FRANCHISE FOR, CONSTRUCTING, MAINTAINING AND OPERATING AN ELECTRIC POWER PLANT AND DISTRIBUTION SYSTEM IN THE VILLAGE OF NORTH ORLANDO, COUNTY OF SEMINOLE, AND STATE OF FLORIDA. BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH ORLANDO, FLORIDA: Section 1. That the said Village of North Orlando does hereby give and grant unto Florida Power Corporation, a corporation organized and existing under the laws of the State of Florida, and to its legal representatives, successors and assigns, the right and privilege of a franchise for constructing, maintaining and operating for a period of thirty (30) years, in the said Village of North Orlando, an electric power plant, substation and distribution system, or other lighting system for the purpose of lighting by electricity the streets or public squares of said Village, and the dwellings, houses and places of business of its inhabitants, and for the pur. pose further of generating and distributing and/or transmitting electric current for the purpose of light, power and heat, or any I other purpose for which electricity may be used. Section 2. That the said grantee shall have for a period of thirty (30) years, the privilege, franchise, power, right and authority to lay, erect and maintain in and upon the squares, streets, avenues, alleys, 'wharves, viaducts, bridges and/or other public thoroughfares and parts of said Village, as they now exist or may hereafter be constructed, opened, laid out or extended ~ithin the present limits of said Village, or within such territory as may hereafter ~ . . ----- ~ : be added to it, all necessary poles, or ~ther supports, conductors or appliances for the poles or other means of conveyance to be used in transmitting electric current for the purpose of lighting, heat or power, or for such other purposes as electricity may be used, and for this purpose the authority and right is hereby granted to make all necessary excavations in said squares, streets, avenues, alleys or other thoroughfares and parts of said Village; and the grantee shall have the right, power and authority to fasten and to stretch and lay along the lines of said poles or other means of conveyance all the wires or other mediums necessary for transmitting and conveying the electric current to be used in said business, together with all the right and privileges necessary or convenient for the full use or enjoyment thereof; including the right to trim, cut and keep clear all trees and limbs along said lines that may in any way endanger the proper operation of the same; and the grantee shall have the right, privilege and authority to construct, erect and maintain in said Village a power house, substation or central plant or plants, with all the engines, boilers, dynamos, machines and devices, and appliances that may be required for generating electricity, and for carrying on the business aforesaid; provided that, in accomplishing the purposes aforesaid, the streets of said Village shall not be unreasonably obstructed, and work in connection therewith shall be done and carried on in conformity witr. such reasonable rules and regulations with reference thereto as may be adopted by the Village Council of said Village for the protection of the public; and pro- vided, further, that the said grantee shall assume all liability for damage or personal injury caused by its negligence in doing such work. Section 3. The grantee agrees that the materials to be used in the construction and maintenance of the system and the electric' service to be rendered thereby shall be in every respect .2. - ...-., equal to the average of cities and towns. in this vicinity where electricity is used, and agrees that in providing service under the provisions of this franchise it will give to The Village of North Orlando, and its inhabitants, the same favorable consideration . extended to any other city or town in Florida of similar size served by the grantee under like conditions. Section 4. As a further consideration of this franchise, said Village of North Orlando 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 legal representatives, successors and assigns. Section 5. That the said grantee shall have the right and privilege to enlarge such power plant as it may construct, in- crease the number of poles, conveyances, or appliances, extend its wires, lines or conveyances, and to generally develop or change its services or methods to meet the growth and progress of said Village, and to conform to the scientific and mechanical advancement and discovery of the age, and that such work shall be done and carried on in conformity with such reasonable rules and regulations with reference thereto as may be adopted by the Village Council of this said municipality. Section 6. It is covenanted and agreed by and between The Village of North Orlando and Florida Power Corporation, a corpora- tion, its legal representatives, successors and assigns, that the municipality has the right, at and after the expiration of this franchise, to purchase the distribution system, lines, conduits and other conveyances for distributing said electric current, or property used under or in connection with the franchise or right, or such part of such property as the Village may desire to purchase, which shall be located within the corporate limits of said Village, .3- - -..~ ..-.., at a valuation of the property, real and personal, desired, which valuation shall be fixed by arbitration, as may be provided by law, excepting from this reservation other power plants erected outside ,; !; rJ " t ,I ji !I I' I" I; , ~ the present corporate limits 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 I, I than its grantor herein. Section 7. The rates to be charged by the grantee here- in, its legal representatives, successors and assigns, for electric service to the said Village and its inhabitants, shall be the corporation's standard published tariffs for domestic and commer- cial service as now in effect or as subsequently prescribed or approved by the Florida Railroad and Public Utilities Commission, or such other State governmental body as may be given jurisdiction of such matters by General Law in the State of Florida. Section 8. As a further consideration for the granting of this franchise, the said grantee shall, during the term of this franchise, pay to the Village of North Orlando as a burden imposed by this ordinance and as one of the expressed conditions and considerations for the franchise, rights and privileges granted and conferred by this ordinance, 2% of the gross receipts from the sale of electric energy in the Village of North Orlando for the first ten-year period of this franchise, 3% for the second ten-year period, and 4% for the remainder of the term of this franchise, excepting therefrom the revenues received from energy delivered to and con- sumed by industrial power customers and by the Village when used for municipal purposes. The sa~d grantee shall be required to keep pro- per books of account showipg monthly gross receipts from the sale of electric energy within the corporate limits of the Village of North Orlando, and shall make a statement, in writing, showing such re- ceipts for each semi.annual period ending June 30th and December 31st _4_ - - I f, I , I I " of each and every year, and based on such ~tatements shall make pay- ment to the Village Tax Collector the amount due. Section 9. This ordinance shall be inoperative unless the granree shall submit to the Village of North Orlando a written acceptance within thirty (30) days of the passage of this ordinance and adoption by the Village Council of North Orlando, as is provided in its charter and in accordance with the General Law of the State of Florida. Upon the submission of such written acceptance, and not before, this ordinance and said acceptance shall constitute and be a contract between the Village of North Orlando and the grantee, its successors and assigns. Passed first reading this Jc/-? day of ~ , A.D. 1963 Passed second reading this ~day of ~ , A.D. 1963 Passed third reading this ..s- t::t day of , A.D. 1963 (SEAL) ATTEST: ~~~~ Village Clerk ....,>,~....._,~...._. T~ 1'. -,. - " - ,t " STATE OF FLORIDA ) ) SS. COUNTY OF SEMINOLE VILLAGE OF NORTH ORLANDO) I, ~~,~ , Village Clerk · of The Village of North Orlando, Florida, do hereby certify that the above and foregoing ordinance was duly and legally passed and adopted by the Village Council of North Orlando, Florida, in regular session assembled, at which said session a quorum of the Village Council was present, and the said ordinance is hereby transmitted to the Mayor for his approval. (SEAL) ~~~. Village Clerk of The Village of North Orlando, Florida The above and foregoing ordinance has been duly examined and the same is hereby approved. Dated at North Orlando, Florida, this ~~ ~ , A.D. 1963. day of /?!tf;J~ ~~ Mayor of The Village of North Orlando, Florida """__...______n -~.~~",_..,.,:,'."...,........~._._.__.-