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HomeMy WebLinkAbout1927-04-15 (42) Zephyrhills Electric Company Franchise o . ' . CITY OF ZEPHYRHILLS OBDINANCE No. AN 0BDINANCE granting to the Zephyrhills Eleo)rio Company, its legal representatives, successors and assigns, the right and. privilege 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 0AINiW by the City Council of the City of Zephyrhills, Florida: Section 1. That the said City of Zephyrhills loth hereby give and grant unto the Zephyrhills Electric Company, a corporation organized and existing under the laws of the State of Florida, and to its legal re- presentatives, successors and assigns, the right and privilege of a fran- chise for constructing, maintaining and operating, for a period of thirty (30) years, in the said City of Zephyrhills, an electric power plant, sub- station and distributing system, or other lighting system, for the purpose of lighting by electricity or other means, the streets or public equates of said city, and the dwellings, houses and places of business of its inhabi- tants, 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 law, erect and maintain in and upon the squares, streets, avenuies, alleys or other public thoroughfares and parts of slid city, as they now exist or may hereafter be constructed, opened, laid out or extendid within the pre- sent limits of said city, or within such territory an 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 blectria current for the purpose of lighting, heat or power, or 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 parks; the grantee agrees that whenever it shall make any exo vation' in any square, street, avenue, alley t/ f37 or other thoroughfare or park in any of the work aforesaid, it shall re- store the same to the same condition it was in before the excavation was made; and that if any depreciation or unevenness results in any paving on account of such excavation the grantee shall at its own expense raise or otherwise restore the same to its former condition; and the grantee shall have the right, power and authority, to fasten and to stretch and lay along the line 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; and shall have the right, privilege and authority, N to construct, erect and. maintain in said City, a power house, subestation, or central plant or plants, with all the engines, boilers, dynamos, ma- chines and devices, and appliances that may be required for generating electricity, and for carrying on the business aforesaid; provided that in accomplishing the purpose aforesaid, the streets of said City shall not be unreasonably obstructed and that such work shall be done and carried an V-ice conformity with such reasonable rules and regulations with referenpe thereto, as may be adopted by the Council of said city for the protection of the pub- lic; and provided further that the said grantee shall assume all liability for damage or personal injury caused by their 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 services to be ren- dered thereby shall be in every respect equal to the average of cities and towns In this vicinity where electricity is used. Section 4. As a further consideration of this franchise, said City of Zephyrhills agrees not to engage in the business of generating and/or selling electricity during the life of this franchise 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 City, and to conform to the scientific and mechanical advancement and. die- covery of the age, and that such work shall be done and carried on in conformity with such reasonable rules and regulations with re- ference thereto, as may be adopted by the Council of this said muni- cipality, Section 6. The grantee covenants and agrees that it will render to the City of Zepbyrhills, a twenty-four (24) hour service under this franchise, after the necessary high tension wires neces- sary for such service shall have been installed. Section 7. It is covenanted and agreed by and between the said City of Zepbyrhilla and the Zepbyrhills Electric Company, a corporation, its legal, representatives, successors and assigns, that the municipality has the right, at and after the expiration of this franchise to purchase the electric power plant, all lines, con- duits, and other conveyances for distributing said current or other property used under or in connection with the franchise or right which shall be located within the corporate limits of said City at a fair valuation excepting from this reservation the high tension transmission lines owned by the said corporation and used or con- nected rei.th its General. 7rstem of distribution, and f or the rnose of serving., co.;-..unities other than its grantor ,!.ereln. Section 8. It in further covent-mted _•.nd1 agreed th'it in ease said City of *..,ephyrhills should elect not to rurcase said nl:.nt twoncrty of the s;r^rite©, as herein- before provided, y1:r.t said municipality will nevertheless renew or extend the frwnch se :hereby granted for such period of ti;ae and consistent 4. ith the lags o the Qtate of Florida, Section 9. It is further= covenanted to d .agreed that the grantee shall furnish current to the inhabitants and business enterprises durLn the period that this franchise o all exist, the rates for which shall not exceed those set out inthe following schectulo, to•wi.ts TLightlx Rates For the first 100 .WI1 per month 12$ per KWE For the next x;00 +' n 11$ " " For the next 300 t' 10$ n For the next 400 " 9 " " For the next 1000 n 8$ „ " For excess over 2000 " " " 7�l " " Minimum Charge ,x,:1.50 per month. P©wex , Hø&tlrg and Caokinj eta tea For the first 200 IC<VH per month 7$ per K iH For the next 300 " 69 " " For the next 1500 " n e 5$ " For the next 2000 " 11 n 4$ rt For the next 4000 " " .30 " " For the next 25,000 n " 0 2*V '� " For excess over 25,000 '' " n 2$ " " Minimum Charge on power „,2.00. per horse powe" ner month. Minimum Charge 14.00 per month for cooking and heating. Section 10. That this ordin.:nce shall be effective { upon the same being legally passed t_nc; -do:n�ted ;by the City Council of the City of Zephyrhills a as le provided in its said charter, and it is further ti recd that t,:e grantee named -4- ' < , w to - herein, the s:._i Ze�liyrhills Electric Comnay , accepts the frunchiae as of t?;.c-: date o:L the paes::tee ncl adoption of this ordin•..nee by the City Council of the City of Zephyxthills. r'sssed first reading this 2i Y' duty of - O 9A. D. 1927 .$ Passed secor.0 imadini this - ray of . _:_ A. P. 1927 s'assod third readinC this - duy of i . 10? - / C, , T1 thty y 4 ti ST TE Cz- 1 i : IDA ) CCF 1TY 01 PCA ) I - , City Clerk of the City of 4ephyrhille, Florida, do hereby oertify that the agave anti foregoinf, Ordnance was dulyand le-► , . ally passed and adopted by the City Council of the City ' • ji' 111 Ij) - ••. f= e ,yrhille' l for da, i session assembled, ;at-viltioh said session a quori of the City was present.$ - i an the same is hereby transmitted to the Mayor for his 9Clerk of ec1 t o . Zephyrhills, Florida. The above and foregoing Ordinance has been duly examined and the same is hereby approved. Dated at ephyrh3lls, Florida. this the -<Y/day of 6 Citq q p� y o re✓ph i'id,lls, 1 bo.i id a. March 21, 1927. ORDINANCE ADOPTED BY THE CITY COUNCIL OF THE CITY OF ZEPHYRHILLS, FLORIDA, ENTITLED: "AN ORDINANCE GRANTING TO THE ZEPHYRHILLS ELECTRIC COMPANY, A CORPORATION, ITS LEGAL REPRESENTATIVES, SUCCESSORS AND ASSIGNS, THE RIGHT AND PRIVILEGE OF, AND FRANCHISE FOR CONSTRUCTING, MAINTAINING AND OPERATING AN ELECTRIC POV.'ER PLANT AND DISTRIBUTION SYSTEM IN THE CITY OF ZEPHYRHILLS, COUNTY OF PASCO AND STATE OF FLORIDA"; APPROVED BY THE MAYOR OF SAID CITY ON THE 26thDAY OF MARCH, A. D. 1927. The City Council of the City of Zephyrhills, Zephyrhills, Florida. Dear Sirs: The undersigned, Zephyrhills Electric Company, hereby accepts the above mentioned ordinance and each and every of the terms thereof. Kindly file this acceptance in the Minute Book of the City Council, so that it may be a matter of record along with the ordinance. Very truly yours, ZEPHYRHILLS ELECTRIC CO. President. 4 By ✓ ''. ecre arya' ,"fibr i,`,J ,.i L7 i` I G 1, 1. 1 UTC':. ALL =. T r;wraTLSE t..__� --; S: That Zephyrhills Electric Co :a-,ny, a corporation_ organized ,-,.nd din,', business oy virtue of ti-.e laws of the State of Florida, and having a principal office at Zephyr- hills in said St-tte, in nursua:nec: of a resolution of the Board of Directors of said cor.-^any, on the 15th day of April , D. 1927, in consideration of the sum of One (f1.00) Dollar and other valuable considerations , the receipt ,:Hereof is hereby acimolrledr�ed, by these presents does hereby sell, assign, transfer and set over unto the Florida rower Corporation, a corporation organized and doing business by virtue of the laws of the State of 1 lorida, that certain franchise granted by the City of Zephyrhills , Florida, on the 26th day of P,;arch , A• D . 17, to Zenx Y-r- hills Electric Corrany, entitled: " iiT Gi DI'; i:CE gr..nting to the Zenhyrhills Electric Coianany, its legal representatives, successors, -.rid assigns, the right and pri- vilege of, and franchise !'or constructing, maintaining and ooeratinr. an electric power plant s nd distribution system in the City of Zephyrhills, County of Pasco, and. St-te of Florida." being Ordinance i:o. 42 , A copy of said franchise is attached to and made a hart of this _assignment, to which reference is hereby specifically made . «, , niTECS f•�-7' T' F rhas caused these 'I�i.i.����.� _ t?.:�Gt' , said co._�n;any c• u�cd presents to be signed in its name by its President and sealed with its cornorate seal, attested by its uecrct -zy, this 15th day of Al , .�. D. 1927. ZEPh`v i :IL .S LLCM' .IC CCi F_` IiY President . ;':, /.. A`'TEST L_/ -.,;w ,dam Crn nY'^ei' 'ry '., - r IT . ST .TE 0 , -L LC:•;IDA Cct:: y Gi F__ CO • Personally pneared before me, the undersi:-ned authority, L. 1 . Gilbert _end _.l::1a :_. Gilbort, the President _.nd Secret^ry, rc:;srcetively, of *u Zenhyr :ills Electric Comany, said company being the party described in and who executed the i'or oir.- inctru!^ent, nd well known to rue to be the respective cfficcrs ._foresaid, and who achmo,legged before .,e t �e c;xccuti on thereof for the uses and purposes therein set f'ortI_ expressed. ind the said alma, _:. Gilbert, Secretary, acknow- ledged tt t':e seal affixed to said instrur..ent is the cormon coroorato se .l of t}-e co_:• nyT and .,as affixed icy authority of the said corporation. MESS my h-.nd -i.r_d offic i - 1 sc, --.l this IS day of , . D. 1927 . I i{ot y +u lic ' JAI I ::y Co '...'.7 ssion ezp .rp.s. T3�<; -�::`ii}c�:s T'a`m: v,.a�kku6u.•a��`=e� -