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HomeMy WebLinkAboutA-6/106 FLORIDA POWER FRANCHISE FOR 30 YEARS CITY OF ZEPHYRHILLS, FLORIDA " c` ORDINANCE NO. ,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 CITY OF ZEPHYRHILLS, COUNTY OF PASCO, AND STATE OF FLORIDA. BE IT ORDAINED BY THE CITY COUNCIL OF ZEPHYRHILLS, FLORIDA: Section 1. That the said City of Zephyrhills 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 said City of Zephyrhills, 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 City., and the dwellings, houses and places of business of its inhabitants., and for the purpose further of generating and distributing and/or transmitting electric current for the purpose of light, power and heat, or any 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 City, as they now exist or may here- after be constructed, opened, laid out or extended within the present limits of said City, or within such territory as may hereafter be added to it, all necessary poles, or other 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 City; 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 con- venient for the full use or enjoyment thereof; including the right to trim, cut and keep clear all trees grid 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 City 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 City shall not be unreasonably obstructed, and work in connection therewith shall be done and carried on in conformity with such reasonable rules and regulations with refer- ence thereto as may be adopted by the City Council of said City for the protection of the public; and provided, 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 equal to the average of cities and towns in this vicinity where electricity is used, -2- and agrees that in providing service under the provisions of this .franchise it will give to the City of Zephyrhills, and its inhabitants, the same favorable consideration extended to any other city and town in Florida of similar size served by the grantee under like conditions. Section L . As a further consideration of this franchise, the City of Zephyrhills agrees not to engage in the business of distributing and selling electricity during the life of this franchise or any exten- sion 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, increase 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 City, 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 City Council of this said municipality. Section 6. It is covenanted and agreed by and between the City of Zephyrhills and Florida Power Corporation, a corporation, its legal representatives, successors and assigns, that the municipality has the right at the expiration of ten (10) years after the effective date of this ordinance, and at the expiration of each and every ten (10) years thereafter, and at and after the expiration of this franchise, ) to purchase the distribution system, lines, conduits and other convey- ances 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 city may desire to purchase, which shall be located within the corporate limits of said City 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 the present corporate limits and high tension trans- mission lines owned by the corporation and connected with its general system of distribution, and used for the purpose of serving communities other than its grantor herein; and provided further that in the event the municipality exercises its option to purchase at any ten (10) year period during the life of the franchise, it shall notify the Company of its intention so to do by written notice at least six (6) months prior to the expiration of said period or periods of years. The grantee agrees ; that in the event the municipality exercises the said option as herein provided, the municipality shall have a period not to exceed two (2) years from the date of said written notice,) to complete its negotiations and purchase of said properties in accordance herewith. In the event of purchase all rights of the grantee under this franchise shall terminate, and the grantee shall have no further right to render service except upon consent and permit of the municipality. Section 7. It is further covenanted and agreed that in case said City of Zephyrhills should elect not to purchase said distribution system and property of the grantee, as hereinabove provided, said municipality will nevertheless renew or extend the franchise hereby granted for such period of time and upon such terms as may be mutually agreed upon between the parties at that time, and consistent with the laws of the State of Florida. Section 8. The rates to be charged by the grantee herein, its legal representatives, successors and assigns, for electric service to the said City and its inhabitants, shall be the corporation's standard published tariffs for domestic and commercial service as now in effect or as subsequently prescribed, or approved by the Florida Railroad and Public Utilities Commission, or such other governmental body as may be given jurisdiction of such matters in the State of Florida. Section 9. As a further consideration for the granting of this franchise, the said grantee shall, during the term of this franchise, pay -fie to the City of Zephyrhills 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 City of Zephyrhills 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 consumed by industrial power customers and by the City when used for municipal purposes. l � The said grantee shall be required to keep proper books of account showing; monthly gross receipts from the sale of electric energy within the corpor- ate limits of the City of Zephyrhills, and shall make a statement, in writing, showing such receipts for each semi-annual period ending June 30th and December 31st of each and every year, and based on such statements shall make payment to the City Tax Collector the amount due. Section 10. That this Ordinance shall become effective upon • the same being legally passed and adopted by the City Council of the City of Zephyrhills, as is provided in its, said charter; and it is further • agreed that the grantee named herein ; Florida Power Corporation, accepts the franchise as of the date of the passage and adoption by the City Council and its subsequent approval as hereinbefore provided. Passed first reading this J day of �.et�,g , A. D. 1954. Passed second reading this/ 7 day , A. D. 1954. Passed third reading this /. day of �' ,Q,. , A. D. 1954; (SEAL) Attest; City Council City Clerk it STATE OF FLORIDA ) COUNTY OF PASCO ) SS: CITY OF ZEPHYRHTLLS ) � I I, ✓ City Clerk of the City of Zephyrhills, Florida, do hereby certify that the above and foregoing ordinance was duly and legally passed and adopted by the City Council of the City of Zephyrhills, Florida, in regular session assembled, at which said session a quorum of the City Council was present, and the said ordinance is hereby transmitted to the Mayor for his approval. (SEAL) City Clerk of th City of Zephyrhills, Florida The above and foregoing ordinance has been duly examined and the same is hereby approved, Dated at Zephyrhills, Florida, this /�'2"day ofc�,�ciw rz v , A. D. 1954-. Mayor of the City of Zephyrhills, Florida ' r II