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HomeMy WebLinkAboutOrdinance 14 "-- -.. i.- ~;~...:. \ ~ .~. . ..- . : ;""( () :J1 I t I ORDINANCE.>:Nq. I-f : ~- 'r .....~"' . ....-ll' '~ ~T~ i J' - I . . AN ORDINANCE Granting a~u~licFranchise. ~ . \) Be it Ordained by the Council of the Town of Ocoee: Section 1. That for and in consideration of the benefits to be derived by the Town of Oeoae and its inhabitants from the plants, facilities and services herein provided for and the fulfillment of the conditions hereinafter contained the Town of Geoee does hereby grant unto T. C. Hawthorne, his -heirs, executors, administrators and assigns, a franvhise, right, or privilege to erect, construct, operate or maintain an electric plant or system in the Town of Oeoee, Oran8e County, Florida, for the production, distribution and sale of eleotric energy for all 9urposes, together with the right and privilege to occupy and use the streets, avenues, alleys, lanes, and public places of said Town of Ocoee for the purpose of such system, subject however to the terms and conditions hereinafter set forth. Section 2. That the franchise hereby granted shall be for a term of thirty years from the date hereof; on the con- dition nevertheless that the Town of Ocoee reserves the right to purchase and the said T. C. Hawthorne shall give and grant to the muijicipality the right at and after the expiration of such term to purchase the electric plant or system or other property used under or in connection with such franchise or \ j ! I " " II,' " I ............. I: --4r -'--'.~ ~---;-- .-\ I .' .. -2- select a third electrical engineer to compose a committee to est ima te the value of the property to be purcha sed by the Town of Ocoee and to make any other and further recommendations as they see fit. Section 4. That it shall be reasonable for the said T. C. Hawthorne, his heirs, executors, administrators, or assigns, to refuse and the said grantee, his heirs, executors, administrators, or assigns, shall not be required to run lines or wires for oonducting electric energy as aforesaid for a greater distance than two hundred feet from pole or line eBisting at time of such demand, and the said grantee, his heirs, executors, administrators, or assigns, may require as acondition to making such extension that the consumer pay all cost of such extension for more than two hundred feet from existing line or pole, but in no case shall the holder of this franchise be required to extend lines or wires or to place poles or cables on private property, such extensions to be made by the consumer. Section 5. That during the term of this franchise, the holder hereof shall not charge more than ~.n(.lr) teen cents per kilowatt hour, provided however that a minimum charge per month may be made, such minimum charge being not 2S more than two and ~/lOO dollars for lights. Section 6. That the holder of this franchise may require a deposit of not more than five dollars from each austomer or consumer upon each installation of service to said customer; said deposit to be known as meter deposit and to be returned to the customer aforesaid at the time of discontinuing service, at which time the grantee herein may remove the meter, it being understood that the meter is to remain the property of said grantee; and should service be suspended on account of non-payment of bill, the holder of this franohise - , i I 1''''''''' ' i ( ( 1\ I: ~ ! I il ~ -3- may require payment of restoration charge of one dollar in addition to payment of bill in 1ull before service is restored. Section 7. Tnat the said T. C. Hawthorne, his heirs, executors, administrators, and assigns, shall have the right to make and enforce such useful, reasonable and lawful rules and regulations as are or may become necessary to the proper conduct of its business; and the Town of Ocoee will pass all necessary and suitable ordinances for the protection of this franchise, rights, privileges and property of the ho14er hereof and to enable the holder to enforce the useful, reasonable and lawful rules and regulations for the management, operation and control of the business as aforesaid, and further will pass any ordinance or ondinances that may be necessary or may become necessary in order to fully confirm to the said T. C. Hawthorne, his heirs, executors, administrators, and assigns, the rights and privileges herein and hereby granted or intended so to be. Section 8. That should the said T. C. Hawthorne, his heirs, executors, administrators, or assigns, violate or fail to comply with any of the terms , conditions or provisions of this franchise, then and in that event the said T.C.Hawthorne, his heirs, executors, administrators, or assigns, shall be deemed to have forfeited said franchise under the provisions of law applicable thereto. Section 9. That in case the Town of Ocoee wishes! to install or~aintain street lights it will install and maintain not less than t*enty five in nu~er, such in tallation to consist " \ of modern and econ ical eqUipmen~, and will at a reasonable rate to agreed upon~ the Tow of Ocoes and the holder of this franotl'se, or ino~~o agr~ment as to rates can be reached, then the Town of Ocoee will pay such , \ J ~ I ! " ; 1 -4- amount s as shall 'be determined by ar'bi tration to be a reasonabl,e charge for services r~ndered; and the Town of Ocoee when \ ' number of s\teet lights ~ill not require that " , , any light be in aIled at a gl'~ater dista ce than four hundred feet from a light maintain~~ to be time of the installation of the additional lights. Section 10. That in case any section, sections, term or terms of this franchise shall be held to be invalid, the invalidity thereof shall not be construed to affect the validity of the remaining sections or terms. Section 11. That all ordinances or parts of ordinances inconsistent or in conflict .arewith are hereby repealed. this Done in open see f.;l/"J-..:- I day of , at Ocoee, Orange County, Florida, , A. D. 1924. /' President. ~' , Attest: ~ dtkc '...'j /8 Cle rk . Approved, this day of ,.:; ~/..Lou.. "-; , A. D. 1924.~ ..-", '/~ /' / L,v/7/~~~ Mayor. \ I s