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Home My WebLink AboutOrdinance 511ORDINANCE NO. !)—// _ AN ORDINANCE CRANTING TO FLORIDA POWER CORPORATION, ITS LEGAL, REPRESENTATIVES, SUCCESSORS AND ASSIGNS, Air' ;'I,rCTRIC FRANCHISE, AND IMPOSING CERTAIN CONDITIONS RELATING THERETO: lJZ I1 le -/ 6y fie- /e-o��e= v� t% ��Y �J �cOe� (/ r--'"�- COUNTY, FLORIDA: Section 1. That for a period of 30 years, the of e (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 of OO e e- 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 ofalI taxes, licenses, and other im- positions levied or imposed by the Grantor upon tTie�Grantee's electric property, business or operatiens-;-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 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 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 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. 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 a7 ' which date shall be used in computing the 30 -year period of this fr chise. Passed first reading this day of , A.D. 19_ Passed second reading this day of , A.D. 19— Attest: �J rr� rs ,t �XitZ Z Clerk ' t DIV OPR GOVT REL -238 " STATE OF FLORIDA ) COUNTY.OF ORANGE ) SS. CITY OF OCOEE ) I, Barbara Hooks , City Clerk of the City 4W of Ocoee, Florida, do hereby certify that I am the custodian of the records of the City of Ocoee, and that certain Ordinance No. 511 passed and adopted by the City Commission of the City of Ocoee on 21 April, 1970 1970, described as follows: "An Ordinance granting to Florida Power Corporation, its legal representatives, successors and assigns, an electric franchise, and imposing certain conditions relating thereto:" was posted or caused to be posted in accordance with the City Charter, in three public places in the City of Ocoee, to -wit: at the door of the City Hall, at rounds f harmacy , and at Great Valu Market all in the City of Ocoee, continuously for a period of four weeks since the passage and adoption of said Ordinance. 4W (SEAL) LSO .4 2 r3 xL �.s- =a City Clerk of the City of Ocoee, Florida Sworn to and subscribed before me this 221-1d day of ,;ay , 1970 My Commission Expires: Notary Public STATE OF FLORIDA ) COUNTY OF ORANGE ) SS. CITY OF OCOEE ) • I, Barbara, hooks , City Clerk of the City of Ocoee, do hereby certify that the attached and foregoing is a true and correct copy of excerpts from minutes of the meeting of the City Commission of the City of Ocoee, Florida, held on the 21st day of A 1-. r3? , 1970, as the same appears of record and in the files and office of the City Clerk of Ocoee, Florida. (SEAL) 9 WITNESS my hand and official seal this 5th day of 1970. City Clerk of the City of Ocoee, Florida STATE OF FLORIDA ) CITY OF ORANGE ) SS. CITY OF OCOEE ) � 0 I,arbara. Hoo:ls , City Clerk of the City of Ocoee, Florida, do hereby certify that the above and foregoing ordinance was duly and legally passed and adopted by the City Commission of the City of Ocoee, Florida, in regular session assembled, at which said session all members of the City Commission were present, and the said ordinance is hereby transmitted to the Mayor for his approval. (SEAL) City Clerk of the City of Ocoee, Florida The above and foregoing ordinance has been duly examined and the same is hereby approved. A.D. 1370. Dated at Ocoee, Florida, this day of 1.a. May r of the City of Ocoee, Florida , is FLORIDA POWER CORPORATION ST.PETERSBURG FLORIDA May 12, 1970 Honorable Mayor and Commissioners City of Ocoee Ocoee, Florida In re: Electric Franchise Granted by the City of Ocoee to Florida Power Corporation on April 21, 1970, Effective June 1, 1970. Gentlemen: The undersigned Florida Power Corporation hereby accepts the above-mentioned franchise and each of the terms thereof. Kindly file this acceptance in the minute book of the City of Ocoee so that it may be a matter of record along with the said Franchise Ordinance No. 511. Very truly yours, FLORIDA POWER CORPORATION dl By 9 John E. Gleason Vice President Attest: (SEAL) jeg:mt l ��, ecretary U ' r r CITY OF OCOEE, FLORIDA Excerpt from Minutes of Council Meeting Ai-ri1 21 1970 The City Commission of the City of Ocoee, Florida, met in regular session on 4prii.. 21 , 1970, at ?:00 o'clock P.M., and was called to order by the Mayor. On roll call, the following members of the Commission were present: !%I`--ig;i rner5 ti.nnett, Farmer, i,dlier • and dhitehaad absent: 1. or; Representatives of Florida Power Corporation were present to discuss the matter of adoption and passage of a franchise ordinance. The City Clerk presented to the meeting the following ordinance, which was marked No;511 1 , entitled: "An Ordinance granting to Florida Power Corporation, its legal representatives, successors and assigns, an electric franchise, and imposing certain conditions relating thereto:" Upon motion by Commissioner .?11er , seconded by Commissioner Stinnett , that Ordinance No. 511 be passed, on roll call the following commissioners voted yes: Com ii.ssioners _t =nnett , ',Hil er, Fan' r and- 'u'; � C <:hegd � voted nay: one, In accordance with charter provisions, the said ordinance was declared passed and adopted by the City Commission,ordered executed by the members of the City Commission, and approved by the Mayor. 0