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Home My WebLink AboutOrdinance_33_09/06/1960 ORDINANCE No.. :'...._.__._ AN ORDINANCE GRANTING TO FLORIDA POWER & LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, AN ELEC• TRIC FRANCHISE, AND IMPOSING PROVISIONS AND CONDITIONS RELATING THERETO: BE IT__.-- Qr.DAIlIE1)_BX .... T.HE.-- VILLAGE ... COUNCIL - -- GF --- TE UESTA ,......._ ................-.....---...._ ............................... FLORIDA: — Section I. 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 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__Vllla g of - .Teq uesta, Florida, (herein called the "Grantor ") and its successors, in accordance with established practice 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. Section II. 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 of 1955, and as a condition precedent 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 Grantor's clerk within thirty (30) days after this ordinance takes effect. Section III. 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 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 such excavation. Section IV. 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 V. 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. Section VI. 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 amqunt which added to the amount of all taxes, licenses, a g levied or imposed by the Grantor upon the Grantees/pro per�y, l ousiness, or operations, and those of Grantee's 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. Section VII. As a further consideration of this franchise, said 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 VIII. That failure on the part of Grantee to comply in any substantial respect with any of the provisions of this ordinance, shall be grounds for a forfeiture of this grant, but no such forfeiture shall take effect if the reasonableness or propriety 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. Section IX. This ordinance shall take effect in 4ccordance with the provisions of the Charter of the Village of Tequesta, Florida. Section X. That all ordinances and parts of ordinances in conflict herewith he and the some are hereby repealed. Dassed on first reading in full on the �} day of 1960 PASSED AND ADOPTED this-.. ... .............day of... ..._ ...... .......... ............................ .......... _.._, A _ _- - .... _..................... .... ..-------- - ------------- ....... - - - - -- -- . ...................... Ti _ .. ....... _. - - Village Clerk - __. _ .. _ � __ ..__ ...._'L ✓. The foregoing Ordinance approved on the * J � - ........ ... ......... day- of. - - - -- S � - - - -..... a�.._.,19 `° . ,e�G �.r__. .. - =- - - - - -_ _... - ----- ......s Y or Title Members of Village ^ Council — Revised November, 1955. ACCEPTANCE OF VILLAGE OF TEQUESTA ELECTRIC FRANCHISE OR NO. 33 September 26, 1960 Village of Tequesta Tequesta, Florida Florida Power & Light Company does hereby accept Ordinance No. 33, it being: "AN ORDINANCE GRANTING TO FLORIDA POWER & LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC FRANCHISE, AND IMPOSING PRO- VISIONS AND CONDITIONS RELATING THERETO ". This instrument is filed with the Village Clerk of the Village of Tequesta, Florida, in accordance with the provi- sions of Section II of said Ordinance. FLORIDA POWER & LIGHT COMPANY BY Ben H. Fuqua, Vice President ATTEST: J } le W. F. Blaylock, Secretary I hereby acknowledge receipt of the above Acceptance by Florida Power & Light Company of Ordinance No. 33, it being: "AN ORDINANCE GRANTING TO FLORIDA POWER & LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC FRANCHISE, AND IMPOSING PRO- VISIONS AND CONDITIONS RELATING THERETO ", and certify that I have filed the same for record in the per- manent files and records of the Village of Tequesta, Florida, this day of September, 1960. 42,z"e- , ,,�0,4, __ Vil C erk (EXCERPTS FROM) MINUTES OF THE REGULAR MEETING OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA On the 9th day of August , 1960, the Village Council of the Village of Tequesta, Florida, met at its regular place of meeting in said Village in regular session. The meeting was called to order at 9 ;30 A.) P.M. by Mayor Walter F. Lathrop , and on roll call the following members of the Village Council were found to be present: Messrs. Walter F . Lathrop, Robert C. Valier, Thomas H. Daly, Cecil Corneliu Absent: John P. Kurtz, Jr. Also present were: Robert Harp, Attorney William A. Lord and William Jack On motion of Mr. Cornelius , seconded by Mr. i i er , and carried, a proposed ordinance entitled "AN ORDINANCE GRANTING TO FLORIDA POWER & LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC FRANCHISE, AND IMPOSING PROVISIONS AND CONDITIONS RELATING THERETO ", was read in full by the Village Clerk. Thereafter there was a full discussion of the provisions of said proposed ordinance. On Motion of Mr. Cornelius , seconded by Mr. Valier , the proposed ordinance was thereupon, without amendment of any kind being made therein, passed on first reading by the following vote - AYES: Messrs Lathrop, Val ier, Daly, Cornelius NAYS: clone , There being no further business to come before the Village Council, on motion duly made and seconded, the meeting was adjourned at 11 g20 A ..M. r, STATE OF FLORIDA ) ss. COUNTY OF PALM BEACH ) I Hobert harp Village Clerk of the Village of Tequesta, Florida, DO HEREBY CERTIFY that the foregoing contains true and correct excerpts from the official minutes of a regular meeting of the Village Council of the Village of Tequesta, Florida, held on the 9th day of August 1960, with respect to the passage on first reading of a proposed ordinance entitled "AN ORDINANCE GRANTING TO FLORIDA POWER & LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC FRANCHISE, AND IMPOSING PROVISIONS AND CONDITIONS RELATING THERETO" , and all matters pertaining thereto. WITNESS my hand and the official seal of said Village of Tequesta, Florida, this 7th day of Se;�temr) r 1960. Village Clefk STATE OF FLORIDA ) ss. COUNTY OF PALM BEACH ) I, Robert Harp Village Clerk of the Village of Tequesta, Florida, DO HEREBY CERTIFY that the foregoing contains true and correct excerpts from the official minutes of a regular meeting of the Village Council of the Village of Tequesta, Florida, held on the 6 tYi day of Se ptember 1960, with respect to the passage and adoption on second reading of Ordinance No. 3� and all matters pertaining thereto. WITNESS my hand and the official seal of said Village of Tequesta, Florida, this r ; day of September 1960. Villa a Cler (EXCERPTS FROM) MINUTES OF THE REGULAR MEETING OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA On the 6th day of Se p tembe r 1960, the Village Council of the Village of Tequesta, Florida, met at its regular place of meeting in said Village in regular session. The meeting was called to order at 91.30 A. T h clock F.M. by Mayor Walter F. Lathrop , and on roll call the following members of the Village Council were found to be present: Messrs. Walt F. Lathro John '�. Kurtz, 7r_ H. 'Daly Absent: Robert Q. Valier� Cec C orneliu s Also present were: Robert ha D, Attorney William Lord and William Jacks On motion of Mr. Kur tz seconded by Mr. Daly and carried, a proposed ordinance entitled "AN ORDINANCE GRANTING TO FLORIDA POWER & LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC FRANCHISE, AND IMPOSING PROVISIONS AND CONDITIONS RELATING THERETO, and which had been passed on the first reading on Au 9. 1960, was read by title by the Village Clerk. Thereafter there was a full discussion of the provisions of said proposed ordinance. On motion of Mr. Kur tz seconded by Mr. Daly , the proposed ordinance was thereupon, without amendment of any kind being made therein, passed and adopted on second reading by the following vote - AYES: Messrs: Lathrop, Daly, Kurtz NAYS: None Said ordinance was designated Ordinance No. 33 and was thereupon authenticated by the signatures of the Mayor and the Village Clerk. The Village Clerk was directed to record said Ordinance No. 3. in the book kept for that purpose. There being no further business to come before the Village Council, on motion duly made and seconded, the meeting Was adjourned at 10-55 A_ M_ . STATE OF FLORIDA ) ss. COUNTY OF PALM BEACH ) I, P,OBERT HARP Village Clerk of the Village of Tequesta, Florida, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Ordinance No. 33 entitled "AN ORDINANCE GRANTING TO FLORIDA POWER & LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC FRANCHISE, AND IMPOSING PROVISIONS AND CONDITIONS RELATING THERETO ", passed and adopted on second reading by the Village Council of the Village of Tequesta, Florida, at a regular meeting thereof held on the 6 th day of September 1960. AND I FURTHER CERTIFY that said Ordinance No. 33 has been recorded in a permanent book of ordinances of the Village of Tequesta, Florida, which is in my custody and control as Village Clerk. WITNESS my hand and the official seal of said Village of Tequesta, Florida, this '7tl day of A= 1 amhPT. 1960. Vill ge C1 k