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HomeMy WebLinkAboutCode Master Project 1978: Chapter 419: Electric Power Service (No Change) (Use Original)Vhapter 419 Codified Dec 1981 ORDINANCE NO. 25-81 AN ORDINANCE GRANTING TO FLORIDA POWER & LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS AN ELECTRIC FRANCHISE, IMPOSING PROVISIONS AND CONDITIONS RELATING THERETO, PROVIDING FOR MONTHLY PAYMENTS TO THE CITY OF CAPE CANAVERAL, AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL: Sec. 419.01 Electric Light and Power Franchise Granted; Terms. SECT` There is hereby granted to Florida Power & Light Company (herein called the "Grantee") , its successors and assigns, the non-exclusive right, privilege or franchise to construct, maintain and operate in, under, upon, over and across the present and future streets, alleys, bridges, easements and other public places in the City of Cape Canaveral, Florida (herein called the "Grantor") and its successors, in accordance with established practice with respect to electrical construction and maintenance, for the period of`30'years from the date of acceptance hereof, electric light and power facilities (including conduits, poles, wires and transmission lines, and, for its own use, telephone and telegraph lines) for the purpose of supplying electricity to the Grantor and its successors, and inhabitants thereof, and persons and corporations beyond the limits thereof. [Ord. No. 25-81, §1, 15 Dec 1981] Sec. 419.02. Acceptance to be Filed. As a condition precedent to the taking effect of this grant, the Grantee shall have filed its acceptance hereof with the Grantor's Clerk within thirty (30) days hereof.[Ord. No. 25-81, §2, 15 Dec 1981] Sec. 419.03 Regulations of Facilities. The facilities of the Grantee shall be so located or relocated and so erected as.to interfere as little as possible with traffic over said streets, alleys, bridges and public places, and with reasonable egress from and ingress to abutting property. The location or relocation of all facilities shall be made under the supervision and with the approval of such representatives as the governing body of the Grantor may designate for the purpose, but not so as to unreasonably interfere with the proper operation of the Grantee's facilities and service. When any portion of a street is excavated by the Grantee in the location or relocation of any of its facilities, the portion of the street so excavated shall, within a reasonable time and as early as practicable after such excavation, be replaced by the Grantee at its expense and in a condition as good as it was at the time of such excavation. [Ord. No. 25-81, §1, 15 Dec 81] -1- Sec. 419.04 Liability Limited. Grantor shall in no way be liable or responsible for any accident or damage that may occur in the construction, operation or maintenance by the Grantee of its facilities hereunder, and the acceptance of this ordinance shall be deemed an agreement on the part of the Grantee to indemnify the Grantor and hold it harmless against any and all liability, loss, cost, damage or expense which may accrue to the Grantor by reason of the negligence, default or misconduct of the Grantee in the construction, operation or maintenance of its facilities hereunder. [Ord. No. 25-81, §4, 15 Dec 1981] 419.05 Rates to be Reasonable. AlI rates and rules and regulations established by the Grantee from time to time shall at all times be reasonable and the Grantee's rates for electricity shall at all times be subject to such regulation as may be provided by law. [Ord. No 25-81 §5, 15 Dec 1981] 419.06 Franchise Fee Assessed. No later than sixty (60) days after the first anniversary date of this grant, and no later than sixty (60) days after each succeeding anniversary date of this grant, the Grantee, its successors and assigns, shall have paid to the Grantor and its successors an amount which added to the amount of all taxes as assessed, levied, or imposed (without regard to any discount for early payment or any interest or penalty for late payment) , licenses, and other impositions levied or imposed by the Grantor upon the Grantee's electric property, business, or operations, and those of the Grantee's electric subsidiaries for the preceding tax year, will equal six percent (6%), of the Grantee's revenues from the sale of electrical energy to residential, commercial and industrial customers within the corporate limits of the Grantor for the twelve (12) fiscal months preceding the applicable anniversary date. [Ord. No. 25-81, §6, 15 Dec 1981] Sec. 419.07 Monthly Installments. Payment of the amount to be paid to the Grantor by the Grantee under the terms of Sec'hereof shall be made in advance by estimated monthly installments commencing ninety (90) days after the effective date of this grant. Each estimated monthly installment shall be calculated on the basis of ninety percent (90%) of the Grantee's revenues (as defined in 419.06) for the monthly billing period ending sixty (60) days prior to each scheduled monthly payment. The final installment for each fiscal year of this grant shall be adjusted to reflect any underpayment or overpayment resulting -2- from estimated monthly installments made for said fiscal year. [Ord. No. 25-81, §7, 15 Dec 1981] Sec. 419.08 City Compentition Disallowed. As a further consideration of this franchise, the Grantor 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 successors and assigns.[Ord. No. 25-81, §8, 15 Dec 1981] Sec. 419.09 Default. Failure on the part of the Grantee to comply in any substantial respect with any of the provisions of this ordinance shall be grounds for forfeiture of this grant, but no such forfeiture shall take effect if the reasonableness or propriety thereof is protested by the Grantee until a court of competent jurisdiction (with right of appeal in either party) shall have found that the Grantee has failed to comply in a substantial respect with any of the provisions of this franchise, and the Grantee shall have six months after the final determination of the question to make good the default before a forfeiture shall result with the right in the Grantor at its discretion to grant such additional time to the Grantee for compliance as necessities in the case require. [Ord. No. 25-81, §9, 15 Dec. 1981] SECTION 10. Should any section or provision of this ordinance or any portion hereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder as a whole or as to any part, other than the part declared to be invalid. SECTION 11. All ordinances and parts of ordinances in conflict herewith be and the same are hereby repealed. The previous Franchise agreement with Florida Power & Light now referred to as Chapter 419 of the City Code of the City of Cape Canaveral, Florida, is hereby repealed and is replaced by this franchise agreement which shall be known as Chapter 419 of the City Code of the City of Cape Canaveral, Florida. SECTION 12. This ordinance shall take effect on the date upon which the Grantee files its acceptance. PASSED First Reading this 3 day of December , 1981 . PASSED Second and Final Reading this 15 day of December . 1981. [no signature] Mayor Attest: [signature] City Clerk Approved as to form: [signature] City Attorney -3- CHAP 419 Sec. 419.01 ELECTRIC LIGHT AND POWER FRANCHISE GRANTED; TERM. That there is hereby granted to Florida Power & Light Company (herein called the "Grantee" its successors and as- signs, the non-exclusive right, privilege or other franchise to construct, maintain and operate in, under, upon, over and across the present and fu- ture streets, alleys, bridges, easements and other public places of the City of Cape Canaveral, Florida, (herein called the "Grantor") and its successors, in accordance with established practive with respect to electrical construction and maintenance, for the period of thirty years from the date of acceptance hereof, electric light and power facilities (including conduits, poles, wires, and trans- mission lines, and for its own use, telephone and telegraph lines) for the purpose of supplying electricity to Grantor, and its successors, the inhabitants thereof, and persons and corporations beyond the limits thereof. [Ord. No. 5-62, §1, 28 AUG. 1962] Sec. 419.02 SYSTEM PURCHASE BY CITY RESERVED. That Grantor hereby reserves the right at and after the expiration of this grant to purchase the property of Grantee used under this grant, as provided by the Laws of Florida, in effect at the time of Grantee's acceptance hereof, including Section 167.22 of the Florida Statutes, and as a condition precendent to the taking effect of this grant, Grantee shall give and grant to the Grantor the right to purchase so reserved. Grantee shall be deemed to have given and granted such right of purchase by its acceptance hereof, which shall be filed with the Grant's clerk within thirty (30) days after Aug. 28, 1962. [Ord. No. 5-62, §2, 28 AUG. 62] Sec. 419.03 REGULATION OF FACILITIES. That the facilities shall be so located or relocated and so erected as to interfere as little as possible with traffic over said streets, alleys, bridges and public places, and with reasonable egress from and ingress to abutting property. The location or relocation of all facilities shall be made under the supervision and with the approval of such representatives as the governing body of Grantor may designate for the purpose, but not so as unreasonably as to interfere with the proper operation of Grantee's facilities and service. That when any portion of a street is excavated by Grantee in the location or relocation of any of its facilities, the portion of the street so excavated shall, within a reasonable time and as early as practicable after such excavation, be replaced by the Grantee at its expense and in as good condition as it was at the time of said excavation. [Ord. No. 5-62, §3, 28 AUG. 1962] Sec. 419.04 LIABILITY LIMITED. That Grantor shall in no way be liable or responsible for any accident or damage that may occur in the construction, operation of maintenance by Grantee of its facilities hereunder, and the acceptance of this ordinance shall be deemed an agreement on the part of Grantee, to idemnify 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. [Ord. No. 5-62, §4, 28 AUG. 1962] Sec. 419.05 RATES TO BE REASONABLE. That all rates and rules and regulations established by Grantee from time to time shall at all times be reasonable and Grantee's rates for electricity shall at all times be subject to such regulation as may be provided by law. [Ord. No. 5-62, §5, 28 AUG. 1962] Sec. 419.06 FRANCHISE FEE ASSESSED. That within thirty days after the first anniversary date of this grant and within thirty days after each succeeding an- niversary 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 impositions levied or imposed by the Grantor upon the Grantee's electric property, business, or operations, and those of Grantee's electric subsidiaries 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 fiscal months preced- ing the applicable anniversary date. [Ord. NO. 5-62, §6, 28 AUG. 1962] Sec. 419.07 CITY COMPETITION DISALLOWED. As a further consideration of this franchise, said Grantor agrees not to engage in the buisness of distributing and selling electricity during the life of this franchise or any extension thereof in competition with the Grantee, its successors and assigns. [Ord. No. 5-62, §7, 28 AUG. 1962] Sec. 419.08 DEFAULT. That failure on the part of the Grantee to comply in any substantial respect with any of the provisions of this franchise shall be grounds for a forfeiture of this grant, but no such forfeiture shall take effect if this reasonableness or property thereof is pro- tested by Grantee until a court of competent jurisdiction (with right of appeal in either party) shall have found that Grantee has failed to comply in a substantial respect with any of the provisions of this franchise, and the Grantee shall have six (6) months after the final determination of the question, to make good the default before a forfeiture shall result with the right in Grantor at its discretion to grant such additional time to Grantee for compliance as necessities in the case require.