HomeMy WebLinkAboutOrdinance No. 25-1981M ICROFI LMED 1 -18 -83
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:
SECTION 1. 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.
SECTION 2. 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 30 days hereof.
SECTION 3. 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
PAGE 1 OF 3
-1-
MICROFII MED 1.18 -83
SECTION 4. 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.
SECTION 5. All 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.
SECTION 6. No later than 60 days after the first anniversary date
of this grant, and no later than 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 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 12 fiscal months preceding the
applicable anniversary date.
SECTION 7. Payment of the amount to be paid to the Grantor by the
Grantee under the terms of Section 6 hereof shall be made in advance by
estimated monthly installments commencing 90 days after the effective
date of this grant. Each estimated monthly installment shall be calculated
on the basis of 90% Of the Grantee's revenues (as defined in Section 6)
for the monthly billing period ending 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
ORD. NO. 25 -81
PAGE 2 OF 3.
-2-
1
. • MICROFILMED 1 -18 -83
CERTIFICATE
In connection with Ordinance No. 25 -81 , being 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, I hereby certify as follows:
a. The City Council met on December 3 , 19 81 when proposed
Ordinance No. 25 -81 granting a franchise to Florida Power & Light Company
was read (by title] 1) for the first time. It was agreed to read
it for the second time on December 15 , 19 81 .
On December 15 , 19 81 , the City Council met and Ordinance
No. 25 -81 was read (by title /in full) for the second time. Those
present were:
Mayor Johnson L. Murphy, Jr.
Mayor Pro tem Wayne Rutherford
Councilwoman Joan Calvert
Councilwoman Linda Harris
Councilman Leo C. Nicholas
The ordinance was adopted as Ordinance No. 25 -81 .
b. On December 7, 19 81 , following passage at first reading, notice
of proposed enactment of Ordinance No. 25 -81 was published in a newspaper
of general circulation in the City of .Cape Canaveral and the Ordinance
No. 25 -81 as proposed and adopted was maintained for inspection by the
public at City Hall, 105 Polk Avenue, Cape Canaveral, Florida.
c. Upon its final passage on December 15, 19 81 , Ordinance
No.25 -81 was signed by the Presiding Officer of the City Council and City
Clerk of the City of Cape Canaveral and recorded in a book kept for that
purpose, and the respective votes of each member of the City Council were
recorded in the record of the meeting.
This 15 day of December , 19 81
ATTACHMENT TO ORD. NO. 25 -81
•
1
1
MICROFILMED 1 -18.83
from estimated monthly installments made for said fiscal year.
SECTION 8. 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.
SECTION 9. 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..
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 , 19 81
d Final Reading this 15 day of December . 1981
MA" OR
J YES
HARRIER X ' •'•roved as % to form:
MURPHY X 1i/
f
1
NICHOLAS X
RUT.HERFORD X / i ' J ttorney
-3- / ORD. NO. 25 -81
Paae 3 OF 3.
I
i
MICROFILMED 1 -18.83
ACCEPTANCE OF ELECTRIC FRANCHISE
ORDINANCE NO. 25 -81
BY FLORIDA POWER & LIGHT COMPANY
City of Cape Canaveral
Cape Canaveral, Florida December 28, 1981
Florida Power & Light Company does hereby accept the electric
franchise in the City of Cape Canaveral, Florida, granted by
Ordinance No. 25-81 , being:
"AN ORDINANCE GRANTING TO FLORIDA POWER & LIGHT COMPANY,
ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC FRANCHISE, IM'OSING
PROVISIONS AND CONDITIONS RELATING THERETO, PROVIDING FOR MONTHLY
PAYMENTS TO THE CITY OF CAPE CANAVERAL, AND PROVIDING FOR
AN EFFECTIVE DATE."
which was passed and adopted on December 15, , 1981
This instrument is filed with the City Clerk of the City of
Cape Canaveral, Florida, in accordance with the provisions of
Section 2 of said ordinance.
FLORIDA POWER & LIGHT COMPANY
I HEREBY ACKNOWLEDGE receipt of the above Acceptance of Electric
Franchise Ordinance No. 25 -81 by Florida Power & Light Company, and
certify that I have filed the same for record in the permanent files and
records of the City of Cape Canaveral, Florida, on this 28th
day of December , 19 81
City Clem averal
Cape!-Can
ATTACHMENT TO ORD. NO. 25 -81
•
M I CROF I E° /1 48.83
c —Li _ ,
^- -ad o J — S'� 2
City of Cape Canaveral
105 POLK AVENUE • CAPE CANAVERAL, FLORIDA 32920
P.Q. BOX 326
TELEPHONE 305 7$3.1100
Today News.
308 Forrest Avenue
Cocoa, Florida 32922
Decemfier 3, 1981
Attention: Legal Advertising
Gentlemen:
1
NOTICE OF PUBLIC HEARINL
ANDPROPOSEDENACTMENT.
Onordcie ngranting5 eto AFlo ida
Power & Light Company, Its
successors and assigns 011
electric franchise, imposing
provisions and cond'tions re-
�a sating thereto, providing for
.; 'monthly payments to the City
of Cape Canaveral and
_providing for an effective
Rate.
Second Reading and Public.
Hearing will be held on December
.15, 1981 at City Hall, 105 Polk Ave-
1000, Cope Canaveral, Florida at
ilOPM or as soon thereafter as
Possible. Interested parties. May
'attend this meeting and be heard
'The Ordinance may be inspected
let fi,e Office of the City Clerk in
.Clv Hall.
/s/ Patricia J. Beaulieu
City Clerk
Cape Canaveral
400564-1T-12/L1981, Monday
Please publish the following legal ad for one (1) day
on Monday, December 7, 1981, and furnish two affidavit's
as proof-of ad.
NOTICE OF PUBLIC HEARING AND 'PROPOSED ENACTMENT
r
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.
Second reading and public hearing will be held on
December 15, 1981 at City Hall, 105 Polk Avenue, Cape
Canaveral, Florida, at 7 :30PM or as soon thereafter as
possible. Interested parties may attend this meeting
and be heard. The Ordinance may be inspected at the
Office of the City Clerk in City Hall.
PJB /tgw
Patricia J. eaulieu
City Clerk
Cape Canaveral