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HomeMy WebLinkAbout192 Electric Franchise CI7 _C ZEPHYP.HILLS ORDINANG; NO. ,0 AN ORDINANCE GRANTING TO FLORIDA POWER CORPORATION, ITS LEGAL REPRESENTATIVES , SUCCESSO S AND ASSIGNS, AN ELECTRIC FRANCHISE, AND IMI':iSii;G CERTAIN CONDITIONS RELATING TUERETO: BE IT ORDAINED BY THE CITY COUNCIL OF ZEPHYRHILLS PASCO COUNTY,. FLORIDA: Section 1. That for a period of 30 years, the City of Ze�hyrhiIIs (herein sometimes referred to as Grantor) does hereby give and grant to Florida Power Corporation, a corporation organized and existing under the lava of the State of Florida, and to its legal representatives, successors and assigns, (herein called Grantee), the right, privilege and franchise to construct, operate and maintain in the said C i ty of Zephyrhills hyr h ills all electric power facilities required by the Grantee for the purpose of supplying electricity to Grantor, its inhabitants and the places of business 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 thoroughfares, 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 days after the, first anniversary of the effective date of this grant, and within thirty days after each succeeding anniversary of the effective 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 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 months preceding the applicable anniversary date. Section S. At and after the expiration of this franchise, Grantor shall have the right • to purchase the electric plant and facilities oflGrantee located within the corporate limits of Grantor which are used under or in connection with this franchise 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 thelCorporation and connected with its general system of distribution 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 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 ll 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 reason of the neglect, default, or misconduct of Grantee in the construction, operation or maintenance of its facilities hereunder. 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 territory shall be subject to all of the terms and conditions. of this grant as though it were an extension made hereunder. i I Section 8. That all ordinances and parts of ordinances in conflict herewith be ad the same are hereby repealed. Section 9. This ordinance shall take effect V y n e , which date shall be used in computing the 30-year perIod of this franchise. Passed first reading this day of ior' / , A.D. 19.2.9. yh , / Passed second reading this L. dy o£ , A.D. l9JQ. Passed third reading this //"-day of _____ , .D 970.. ,a or Z121 a ,j% : ijZiC' Lim �, ' i�� 4-Q Attest: Clerk DIV OPR GOVT REL-238 The foregoing Ordinance No. /9 .2. was read and passed on its first reading by the City Council of the City of Zephyrhills, Florida, on the day of fJ r' / 1970. Presi ent of ity C ncil Attest: ity Clerk The foregoing Ordinance No. was read and passed on its second reading by the City Council of the City of Zephyrhills, Florida, on the � day of j�r ' / 1970. President of City Cou cil Attest : ity Clerk 'Th:en.foregoing Ordinance No. / 9 was read and passed on its, third reading by the City Council of the City of Zephyrhills, Florida, on the // day of /4Y 1970. President of City Cou�til Attest : ity Clerk The foregoing Ordinance No. / 9R was approved b, me this day of , 1970. Mayor I ,, 5. 4 ; 0 - ORDINANCE NO. AN ORDINANCE GRANTING TO FLORIDA POWE1 CORPORATION, ITS LEGAL REPRESENTATIVES, SUCCESSORS AND ASSIGNS, AN ELECTRIC FRANCHISE, AND IMPOSING CERTAIN CONDITIONS RELATING THERETO: BE IT ORDAINED BY THE CITY COUNCIL OF ZEPHYRHILLS, FLORIDA PASCO COUNTY, FLORIDA: Section 1. That for a period of 30 years, the City of Zephyrhills , a munici- pal corporation (herein sometimes referred 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, privilege and franchise to construct, operate and maintain in the said City of Zephyrhills , all electric power facilities re- quired by the Grantee for the purpose of supplying electricity to,Grantor, its inhabi- tants and the places of business located within Grantor's boundaries. Section 2. For the purpose of supplying electricity to Grantor, its inhabitants and the places of business located within Grantor's boundaries, 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 thoroughfares, 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; provided that in exercising the aforesaid right and privilege Grantee# will not unreasonably obstruct the streets and other public places 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 .law of the State of Florida. Section 4. That within thirty days after the first anniversary of the effective date of this grant, and within thirty days after each succeeding anniversary of the effective 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, wills equal 67. 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 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 franchise 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 distribution 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 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 belliable 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, lose, cost, damage or expense, which may accrue to Grantor by reason of the neglect, default, or misconduct of Grantee in the construction, operation or maintenance of its facilities hereunder. 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 territory shall be subject to all of the terms and conditions of this 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 v y / , which date shall be used in computing the 30-year period of this franchise. Passed first reading this 13 day of l' .1 , A.D. 19? Passed second reading this day of , A.D. 19s Mayor 7 Attest: Clerk DIV OPR GOVT REL-238 THIS IS TO CERTIFY THAT ORDINANCE NO. / 9 AS BEEN POSTED IN TWO PUBLIC PLACES, NAMELY, THE CITY HALL AN D HE U. S. POST OFFICE FOR A PERIOD OF FIFTEEN DAYS. THE ORDINANCE WAS POSTED. IN THE CITY HALL AND U. S. POST OFFICE ON Maly 12 , 19 70 , AND REMAINED POSTED IN SAID CITY T 27 70 ALL AND U. S. POST OFFICE UNTIL May , 19 CITY CLERK FLORIDA. i I