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HomeMy WebLinkAboutItem VI (F) - First Reading of Ordinance - Second Reading and Public Hearing is scheduled for July 16, 1991 AGENDA 7-02-91 Item VI F FOLEY & LARDNER III NORTH ORANGE AVENUE, SUITE 1800 ORLANDO, FLORIDA 32801-2386 TELEPHONE (407) 423-7656 FACSIMILE (407) 648-1743 TAMPA, FLORIDA MAILING ADDRESS: MILWAUKEE, WISCONSIN JACKSONVILLE, FLORIDA POST OFFICE BOX 2193 MADISON, WISCONSIN TALLAHASSEE, FLORIDA ORLANDO, FL 32802-2193 WASHINGTON, D.C. WEST PALM BEACH, FLORIDA ALEXANDRIA, VIRGINIA ANNAPOLIS, MARYLAND MEMORANDUM June 7 , 1991 CHICAGO, ILLINOIS TO Mrs . Jean Grafton, City Clerk, City of Ocoee FROM Paul E. Rosenthal, Esq. , City Attorney RE Electric Utility Franchise Please find enclosed the original of the proposed Ordinance granting an exclusive Electric Utility Franchise to Florida Power Corporation for a term of 30 years. The provisions of Section 8 of Article II of the Ocoee City Charter re- quires that the proposed Franchise Ordinance be considered "only after a public hearing preceded by at least 30 days notice of the hearing and the proposed action by publication once a week for 4 consecutive weeks in a newspaper of general circulation in the City of Ocoee" . It would be appreciated if you would proceed to prepare the required advertisement and arrange for publication in ac- cordance with the Charter provision. The standard form of Ordinance Notice should be utilized with the addition of the following sentence: "This notice of a public hearing to award an exclusive Electric Utility Franchise is also given pursuant to the provisions of Section 8 of Article II of the Ocoee City Charter. " When the public notice is prepared, please forward it to me for review along with the proposed publication dates . If you have any questions, please give me a call. (q/t44 per/etb Paul E. Rosenthal enc . Carbon copy with enclosure to :' Mr. Ellis Shapiro, City Manager Mrs . Montye Beamer, Administrative Services Director Mr. Paul Lewis, Jr. , Florida Power Corporation I ORDINANCE NO. 91- 18 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, GRANTING FLORIDA POWER CORPORATION, ITS SUCCESSORS AND ASSIGNS, AN EXCLUSIVE ELECTRIC UTILITY FRANCHISE FOR A TERM OF THIRTY (30) YEARS; PROVIDING FOR CERTAIN CONDITIONS RELATING THERETO; ESTABLISHING A FRANCHISE FEE; PROVIDING FOR INDEMNIFICATION OF THE CITY; PROVIDING FOR INCLUSIION OF LANDS WHICH MAY HEREAFTER BE ANNEXED INTO THE CITY OF OCOEE; REPEALING ORDINANCE NO. 511 SUBJECT TO CERTAIN TRANSITION PROVISIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; CONFIRMING COMPLIANCE WITH CHARTER REQUIREMENTS; PROVIDING AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. The City Commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Section 8 of Article II of the Charter of the City of Ocoee, Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes. SECTION 2. For a period of thirty (30) years from the effective date of this Ordinance, the City of Ocoee, a municipal corporation created and existing pursuant to the laws of the State of Florida, its successors and assigns (hereinafter referred to as the "City") does hereby give and grant to Florida Power Corporation, a corporation organized and existing pursuant to the laws of the State of Florida, its successors and assigns (herein referred to as the "Grantee") , the right, privilege and franchise to construct, operate and maintain within the corporate limits of the City of Ocoee, all electric utility facilities required by the Grantee to supply electricity to the City, its inhabitants and the places of business located within the corporate limits of the City of Ocoee and other customers and areas now or hereafter supplied, or to be supplied, electricity by Grantee. SECTION 3. With respect to the right, privilege and franchise granted to Grantee in Section 2 above, Grantee shall have the right, privilege, franchise, power and authority to use the streets, avenues, alleys, easements, wharves, bridges, public thoroughfares, public grounds and other public places of the City as they now exist or may hereafter be constructed, opened, laid out or extended during the term of this franchise. SECTION 4. The rates to be charged by the Grantee for electric service within the corporate limits of the City during the term of this franchise shall be as provided in the Grantee's tariffs now or hereafter approved by the Florida Public Service Commission, or such other agency of the State of Florida as may have proper jurisdiction over such rates and charges of Grantee under the general laws of the State of Florida. SECTION 5. Effective the first day of the second month beginning after the effective date of this Ordinance, the City shall be entitled to and shall receive from Grantee a monthly franchise fee equal to six percent (6%) of Grantee's revenues from the sale of electrical energy to residential and commercial customers plus six percent (6%) of Grantee's revenues from the City for public street lighting, all within the corporate limits of the City, less an amount equal to one-twelfth (1/12) of all taxes, licenses and other impositions levied or imposed by the City upon Grantee's electrical utility facilities and property and Grantee's business and operations for the preceding year. The franchise fee for each month shall be payable on or before the fifteenth (15th) day of the following month. SECTION 6. The City 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 franchise by Grantee shall be deemed an agreement on the part of the Grantee to indemnify the City and hold it harmless against any and all liability, loss, cost, damage or expense which the City may incur by reason of the neglect, default, or misconduct of Grantee in the construction, operation or maintenance of its electric utility facilities here- under. SECTION 7. In the event of the annexation of any territory to the present corporate limits of the City of Ocoee, such annexed territory and all portions of the electric system of Grantee located therein shall become subject to all of the terms and conditions of this franchise and Ordinance as of the time such annexation becomes effective. It shall be the responsibility - 2 - of the City to notify Grantee in writing within thirty (30) days after the effective date of every such annexation. SECTION 8. In the event Grantee shall hereafter accept an electric utility franchise ordinance from any municipality providing for the payment of franchise fees in excess of the amount provided for in Section 5 above, then Grantee shall be obligated to accept from the City a new thirty (30) year electric utility franchise agreement providing for the payment of the same increased franchise fees. The Grantee shall give written notice to the City of any such franchise fee increase within thirty (30) days of the date thereof. SECTION 9. The present Ordinance No. 511 of the Code of Ordinances of the City of Ocoee, Florida, adopted April 21, 1970 is hereby repealed as of the effective date of this Ordinance, subject to the surviving terms and conditions hereinafter set forth. The Grantee shall remain liable for matters occurring during the term of Ordinance No. 511, all as provided in Section 6 thereof, and the franchise fee provided for in Section 4 of Ordinance No. 511, shall be paid to the City within forty-five (45) days from the effective date of this Ordinance and shall be prorated so that franchisee fee is equal to six percent (6%) of the revenues from the sale of electrical energy to residential and commercial customers within the corporate limits of the City from the date of the last anniversary date through the effective date of the franchise fee established pursuant to Section 5 of this Ordinance. It is the intent of this Section that there be no gap or overlap with respect to the franchise fees paid by the Grantee to the City. SECTION 10. Conflicts. All ordinances and parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 11. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, - 3 - distinct and independent provision and such holding shall not affectpthe validity of the remaining portion hereto. SECTION 12. Compliance with Charter Requirements. This Ordinance and franchise has been approved by the Ocoee City Commission at a public hearing preceded by at least thirty (30) days notice of the hearing and the proposed action by publication once a week for four (4) consecutive weeks in a newspaper of general circulation in the City, all pursuant to and in accordance with the provisions of Section 8 of Article II of the Charter of the City of Ocoee. SECTION 13. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this day of , 1991. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk Lester Dabbs, Jr. , Mayor (SEAL) ADVERTISED June 16, 23, %Land_ July 7 , 1991 READ FIRST TIME July 2 , 1991 READ SECOND TIME AND ADOPTED , 1991 APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON , 1991 UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY this day of , 1991. FOLEY & LARDNER By: City Attorney Floppy/mh4758F(4) 01(06/06/91) - 4 -