HomeMy WebLinkAboutA-6 Florida Power Corporation Franchise CITY OF ZEPHYRHILLS, FLORIDA
ORDINANCE N0. ! '
AN'ORDINANCE GRANTING TO FLORIDA POWER.CORPOPJTION, 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,
FLORIDAz.
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. square's
of said City,,: and the 'dwellings, houses and places of business of its,
inhabitants' and for thepurpose::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 s�aid 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 wharve,s, 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 transrriitting
electric current for the purpose of lighting, heat or power, or for such C,
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 s uares streets avenues alleys or'other thoroughfares and
squares, > Y g
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 and limbs along• said' lines. that may �.
in any way .endanger' the proper operation,of the same;,, and the grantee'. 1 .
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 accompli sni;ng. 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 a-dopted,by the•City Council of -said City for the j
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 for be..rendered;thereby'sriall:be in every respect equal to the .1.
average -,of cities, and towns in this-vicinity where electricity is used,
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It
and..agrees that. in_providing service under.'the provisions of this
franchise it will give to. the City.of Zephyrhills, and its in'riabitarits,
the same favorable consideration extended to any other city and town in
Florida of similar size served."by"the. grantee under like:conditions
r .
Section . 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 like of this franchise or an exten-
sion y g y
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"m
ay 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 I.
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 tl'ereto, as may be adopted by the 1,
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 s stem 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,-uhich'•valuation shall be fixed by arbitration, .as. may
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be provided. ;by law; excepting:from this reservation.other power plants
erected outside the resent cor
porate rporate limits and .high tension trans-
mission lines owned by the corpo
• ration an . 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'uritten notice at least, six (6) 'months prior.
to the expiration,of said period or periods of :t'e'ars. The •grantee agrees f ;
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,. ` I
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. here nabove 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 b e '
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':
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 o for the second ten-year
period, and L4% :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 purerose's.
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 -periodending "June 30th
and December, 31st of each and 'every year, and. based.on such statements
shall make payment to the City 'Taxx 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 / .7 day of�,�� ,� , .A. D. 195L�.
Passed second reading this/' ., " day , A. D. 195Li..
Passed third reading this/fir c ' day of� � , , , A. D. 195L�.
' /l r te A._- �f r .€ . 'V
(SEAL)
Attest: City Council
City,C er
STATE OF.FLORIDA )
COUNTY OF PASCO , ):, SS:
CITY OF ZEPHYRHILLS )
I,, 4.iJity Clerk of
the,City of -Zephyrhills, -Florida;, do hereby certify,that the above
and foregoing- ordinance,,was .duly and legally passed and adopted by f
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. . •:' f
(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, .fhis. / !2day'
of. 4Z-v evA.ay. , A. D. 1954.;.
Mayor of the
; .. City of, Zephyrhills, Florida