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10• litA YOU 8 JORT CCLt tl2'F, !P.? RIGS, "RITIli5t2, 9R CAS. II.oa ..`.r) B: &l Ss V1, E Fl i lP€'@WFOR "S rW=2 W SWPLYIM Tc Mons i vs S me I ;H.1mI- EM c l WO13 rjo 000m,012M HEYOgr. P-L T- * % SY:Hf T6 i()USC TM OE TTOWN 0E GE - : was ims"Ama4 by CoRmsilma s.= �p1i t1M ii oe � mov`����e& umt the xa..<IiSVAta oi'�--� the c* MeN st weeps meet! as re ulraA by Soa- ef artlmnaee fte 1 Of the moms e! hater, rl Idas to d mi#h and the fls4i ulr I!n.09 ore is third ressiinC, Which 'K ssoomded b lslw A.4.PHILLI21 and upon a Oka notion, the Voss wN — i G. A. Asheraft, rV801046 awt tM S. aN. X. H. XW4kU ra $. Phillips nod $. CilSxeMli,UMM. ftems Now* *SUM me � ftmealOwt of the GwMi2 tcWarwi that said Sai4 Gsd3mRetllr ,,{��wau than Neat in 1431 tQalM s sit after a troll tis0lip@E Last Gaaitil3�i�R 7M�YiR shots by Cometllsaa. �' I- a s_oo ,C t _ n+ r , i81d Oa So. }e 11 - pas wo 'i'ti and upon roil C€.11, thc: 40a aA C. A. Aahoraft, :resident, and Sam R. Ese, U. S. il*"We A. X. Phillips ::nd Z. ]I. Lohman, rouncilscs. Nees: Mane. Thoreuldn the ;resident of the Counall 4ae2ars4 that G*Glmata ft. was unanimously ixtssed, end odiah rests is lull as 1►llaamat- — .. Section I. The.t there is ::aSmby Crautod to llerl& Panay i 7, . its a,.aseaaore `.red Los (heroin osllab fsa>tss), c rsght, rrtsilato or tsaaeh3se for the taM of thirty (30) years free the dote of sess1% i kgraeEe. stimst maintain end operate US 'tea upon oast solos out am1 future street*, aran"* &LUIS. highways, b!i meats, and other publio lmoes in the '!sewn of digawstar, ��� ant its emsosaaors, elm rim light ant p*sor lime/, t9Ys ::11 the nseem ry or desirable ap (1itSst$g un r. growad conduits, poles. towers, wan ant traesrisslat lines. and, for its own use, telephone sx:a to ph hums! for the ^I pore of aNap sal alootricity to acid town. atnd ito su�ra, the iphaDitatsta hereof, and parsons ant aamporxtisnn the ital t thereof, for light, hest, power and otha:r ;urposes. This grate In Ueda in aommideration of the eou"ruetion. nalate "A operation of the elestris Light and power Maas W the herein pxwl&ad tot. and for the benefits and 0eauli4W* to loYtiriteats o;14 roan si;s a result thereat. -I- a volt of this pkat, Us uls4 Willer this gut, srt e As. in efYo*t at tts Use iaolutiag S9etics IW *f the of ens as a *isltlt on as �s.tho Grantee shall. i �ootion IV. Thl•t t_:� Town &hall is me way r* lisblo or l responsible for any accid�;A or daloge Vat ay�*ssar in the ooPutraiotion, operation, or nainteness* by tin a of its Mass and a partensnsoo heroeudor. and the aeetp{aa&e of this frssshise &hall be 4"04 so egynewoo on the pW% of Maid GXWMo to indemnify said Taw and hall St baralsw ftst east aid all litbliity. leas, 040ts' aessg& or 0300 w e020h srt 400ss to .dam Tom' by reason of the medusa, aotauli or siseosN"s of the Grantso In Us owsoft Nlose eilsretien or malatenefte *f its lines &nd appavtamkufta horemooz& . LOU es th-- II. Ti►"Ah t the by reserves the right at to "urehaso the of as }}r�wvids4 by the 'of of teas % a oes aoe a he revised eenersl sutolves of ti areosd&nt to the taking SfYo*t give u d grunt to tha Tom of pul*hase so reserved. Grantee grautad wuuh right of ;arvhuea dslt"ltis"Aft. the rw to . be tees" to have given and ,e eat of oceptarne hereof. Section III. That pots* and towear� aahall De so located or relesated and s<, ereetoa as to isterfa a as little as pftolble with traffic over Meld otreetc. aienaso, alleys. highways* taridgos and ublle plooe*, and with readable egreso tpog and Ingress to abutting property* The looetion or relocatl*a of all poles, tower: and costafts shall be muds under the icier tnft with the appro*2 of the Council of the Cz ot�aatsr, Flcei3a, trot not as usreasorab2y to irtcrtere with he prop; r operation Grzatee's lime ar.;9 service. $*"UP f.t That all lines comm4rosbol under Wogwsa� shall be eenstsWIted aai oplr aired in aeeordsaeu with eatablte►ed ,,raotioe with r&spest to * ..eetrioel construction and mainttenanss. 5e6191ea 74 That Grant'c acre a to wOm ;rosptly sumh extension* to its existing inyciiiti :..r,s way be retuirod by ewe or atoro ssstssera, or ;respective oustoa so prsv14od that if the revenue* tc be derived therefrom sha_1 not afford F. Bair and roossomMe return on tha cost of pprs►141sg end renaerSng t:♦o re- Qailed &srviea, then C-rantea zheall o ,permitted to, end is % reby q�lalar4so4 to, asset from such sartaasr or exotoac:ra ouch cook &ONO", or mate with such customer or customers ouch arrsatgesn a as to each advance*, miainum guarantees service g'arartees ard/or other auras omenps, is will enable Grantee to earn a fair :,nd reasonable return on tt.a cost of 4WIding and rendering too re - Mired service. :soctien vII, That the rates fazed by Grautc front ti e to tiwe shall at all times be jtsl and reasonable; and subject to rsaroegfls edaimw a' Ig s and W*Ios guarantees, trentao*e <et rectos for electric on for liChtine ,ur.oses sh:12 not exoos4 75 coats par k3'i�*ai�t hsar. Section TIII. That said Toren agrees to ;Axe all or4ina.noee as****ary or suitable both for the ^rcte*tien of the rights tnd prsperty wf *,,Id Granise, t nd to amble Bait Grantee to onforee any sf "ia.Grantee'o reaeasonabla rules art regulations, far the maWo- sest, eperatisn and control of the sa*M# hdrousaer, and to pass any orlAmmaoe or ordiaaeese that My be necessary or suitable In order to folly eonfixV to acid Grantee the rights herein or heraby granted or intended so to be. . "estioa U. That whan any j,wtioz a Street to ex0avated by Grantee In the location or relocation of Gnq of its conauits, -2- =.�W"y rises saws m Uam�sms,e, Lae kwvun of Oho ae sfMkl� eR s ""MI 3e lime asset as early Its bwta 1*4] s�er so" � be replahsst is as gwet condition as it rue at the flaw of Ouch oxoawafiaew }; #ootianat Z. that f on 6be part of the tea to cornyterassti aaabaitaat�lal sppaeet X at the proslalaw of this t . shall be Swo for a l9ECMStere of tbiw ar nt_ but no w4oh feirfe ltu" shall tau yrwUty thereof is pselesfet11� competent Juriadiotfsn (wifh right &.—.- found tLr;t c:,id Grantee has i respect with a.ry C,: ttxr prohiel"O Grantee shall have six (d) Maus the cneetIon 0 asebe goad the deft result wit:: th right In tLC Town 6Tant such z,_ it Iona?- tie,,- t,, tho neoae>itiee ki t!,o ease re:nice. ant11 a a a otthsr WIN In a Council at its discretion Grautee for oospliance as 0 `action XIS That the Granter is horoby Lvan tho rlel.t and autLorit , to ,i;fie aesigeasnts of Vito right, '-privilege and authority and the rit7_Lte tF.=,rreeuuasfser, all assignees to be bound to the S.ne eztc't -.s tue :'ricinal GraaRoa. Sootion -iII. That this .rdlmm o shall take effect as eon as it e11011 bare bean 4417 ak:proved -" �Zoyted Le re+,uirA by law and accepted a-s roglred heroin. :eetida Z11L ft"S the OM Afee shall file its written asceytance of this franshise wish the Tom Clark of the Teen of %'.algov ater, t'leMA within ldhisdy (30) 4ys after it shall hate been IMAY a;prcV-d and adopted as ragalrat V Jaws. Section all. T&'t all cetluaness ass bads of ortivaaees, In eoafllot herewith be and the same are AS;Nr regesus. Florida, �p� In Q o UA,l� Mi ll of the Town Council of enater, on nttoC(�/LC� d . URN 1pprsret unanira 1.- s Meevator, Florida, on At#co�f : Aft. -3- Town Council of i w r The President of the Coum it stated that Ordinance No. 10 passed unanimously by t he Council on June 1st, 1926 had not been approved by the Mayor, as reouirod by Section 5 of Ordinance No. 2 of the Town of Edge- water, Florida, and it was then moved by Coum ilman S.B.FEE that said Ordinance No._ be approved by the Council, pursuant to Section 6 of Ordi- nance No. 2 of the Tom of Edgewater, which motion was duly seconded by Councilman E.H. L09MA14 , and upon roll call on said motion, the vote was as follows: Ayes: C. A. Asheraft, President, and Sam R. Fee, I;T. B. Houghton, I'. Phillips and E. H. Lohman, Councilmen. Noes: None. Thereupon the President of the Council declared that the said Ordinance No. If entitled: API ORDLIANGE GRAIMrTG T:. FLORIDA POCIER & LIGHT e COITANY, ITS SUCCESSORS AID ASSIGNS, TI2 RIGHT, _'RIVILEGE, OR FRANCHISE FOR THE PERIOD '-F THM TY YEARS, TO CONSTRUCT, L'fAINTAIN AND OPERZE III, UNDER, UPON A1'D ACROSS THE PRESEi7 AID FUTURE STR:ETS, AVENUES; ALLEYS, HIGHWAYS, BRIDGES, EASM:IEIF S AND OTHER '_UBLIC _'IACES IN TM TOWN OF ;^EDGE17ATER, FLORIDA, AND ITS SUCCESSORS, ELECTRIC LIG12 AND POWER LINES, TOGETIER PATH ALL TIE: NECESSARY OR DESIRABLE Ai'PURTENANCES, FOR T:L PURPOSE OF SUPPLYING P=CTRICITY TO SAID TO'.'NI AND ITS SUCCESSORS, THE IITILABITAIF23 THEREOF, AND TO PERSONS AIdD COHPORATIONS BEYOND THEE III:"ITS T=REOF, FOR LAGIT, HEAT, POYJER AND OTHER PURPOSES, AND MPOSINTG _MVISIONIS AND COIDITIONS RELATING THERETO, had been unanimously approved by the Council. Minutes for meeting of June 15th._,00vering approval of ordinance by down Council on failure of Hayor to approve. Jlms 216 inso Town of J6Co inter, Ildgewater, Florida. The Florida Power h U&k ft"Pur gem Low asset the ordinance, duly passed by the Town 000OU It the NOW of *50044e, norida, on June let, 19269 and approved M r 1f tie WN Ommail on Juno 16th, 1926,-gramtieA to flArtta tseor A Uot oogaoq, its mmossaore and assigns, the rldte, W1Vt1dsoe, er tOM101110 tot WO period of thirty years, to oosstrast, sniadata WA gnrb ln, rdR, upon and across the present and More sbMbs •VWWSo 0134,4 h1d101119s, bridges, easements and othor pn►1io Planes In Twin of NAIM"tW, ^lorida, tared its successors, elMtrlo US%$ mod Vsrer uau, *WNW with all the noaesosry or deeirable 4PYWOMMINWO for the prrpsoe of 0991yinc electricity to sold Torn sed its oaewNrs, the inhabitasds tAereet, and to persons and Corporations beyond the limits thereof, for USM# hod, poser and other purposes, and igedAr provisions and oonditIOM "Wkinr thereto". 'Phis instroaimtt is filed with the Torn Clerk of the Town of Alpmter, Florida, in aeoord7-.coo with the provisions of Section X111 of sold Ordinance. ATV rST n i I(,( CP sere ery `STATE or nmrDA ) COMM 07 DADIR )N, P�MVA POW & lrGRT CO NT ty / ae-PresidenS l/ on this eM dips of JWW 19M, befogs se a lotai/ PoMic is and for Me state of Plorlda, *VOW" Joe H. Aiu, Imoon N sA to 1e tit t of flsriaa Poets' A U&M 044ftys WA WOW IV 1%447 noses, Aid 00100410id *At he essontea each ieotrerat M ilie+l'remo o st 7'awal mover A mot oompay, guns that the eesperato seal eftltma tkstets to as sor"Wate Beal of "A eorp"Nk"m sod sear duly afti:ed in sCosrdonp With the oMharity of the Wwd Iftim" re of said Corsarly. / a l;v oe�sotNitq��¢ires _. N,t,ry Pablia (•� t State „r Fhr_ s re My Commue:an I hsroby aaknowledge receipt of the above acceptance by the noriAo. Power C: tight Company of Ordiname, passed on June let, 1926, ass approved eaudmmously by the said Twon Council on Jwie kith, 19266 mid Certify that I have filed same for record in the Silos of the Tbum of Wdsuster, Florida, this :; day of June, 1926. Town Clerko a o er, Florida. 4 ORDINANCE NO. 10 AN ORDINANCE CHANTING TO FLORIDA POWER & LIGHT COMPANY, ITS SUCCESSORS AND AS:;IGNS, THE RIGHT, PRIVILEGE, OR FRANCHISE FOR THE PLRIOD 01" THIRTY YEARS, TO CONSTRUCT, MAINTAIN AND OPERATE IN, UNDER, UPON AND ACROSS THE PRES- ENT AND FUTURE STRELTS, ,?VENUES, ALLEYS, HIGHWAYS, BRIDGES, EASIIdINTs AND OT .1, PUBLIC PLACES IN THE TOWN OF EDCEWATER, FLORIDA, AND ITS SUCCESSORS, ELECTRIC LIGHT,ANU POP7ER LINES, TOGETHER WITH ALL THE NECESSARY OR DESIREABLE APPURTENANCES, FOR THE PURPOSE OF SUPPLYING ELECTRICITY TO SAID TOWN ANDITS SUCCESSORS, THE INHABI- TANTS THEREOF, AND TO PERSONS AND CORPORATIONS BEYOND THE LIMITS THEREOF, FOE, LIGHT, HEAT, POWER AND OTHER PURPOSES, AND IMPOSING PROVISIONS AND CONDITIONS RELAT- ING THERETO. BE IT Oi:DAINED BY THE TOWN COUNCIL OF THE TOWN OF EDGE - WATER, FLORIDA:- Ordinance No. 10 was introduced by Councilman S. R. Fee, who, upon introducing the same, moved that the requirement of reading the said Ordinance at three meetings, as required by Seo- tion 7 of Ordinance No. 1 of the Town of Edgewater, Florida, be dispensed with and the Ordinance placed on its third reading, which - motion was duly seconded by Councilman A. H- Phillips, and upon roll call on Baia motion, the vote was as follows: Ayes: C. A. Ashoraft, President, and Sam R. Fee, M. B. Haughton, A. H. Phillips and L- H. Lohman, Councilmen. Noes: None Thereupon the President of the Council declared that said motion was unanimously passed. Said Ordinance No. 10 was then read in full three times and after a full diseus::ion by the Council, and upon motion duly made by Councilman S. R. Fee, and seconded by Councilman E. H. Lohman, said Ordinance No. 10 was put upon its final passage, and upon roll call, the vote was as follows: Ayes: C. A. Ashoraft, President, and Sam R. Fee, M. B. Haughton, A. H. Phillips and E. H. Lohman, Councilmen. Noes: None Thereupon the President of the Council declared that Ordinance No. 10 was unanimously passed, end which reads in full as follows: - 1 - Section I. That there is hereby granted to Florida Power & Light Company, its successors and assigns (herein called the Grantee), the right, privilege or franchise for the full period of thirty (30) years from the date of acceptance hereof, to con- struot, maintain and operate in, under, upon and across the pres- ent and future streets, avenues, alloys, highways, bridges, ease- ments, and other public places in the Town of Edgewater, Florida, and its successors, electric light and power lines, together with all the necessary or desirable appurtenances (including under- ground conduits, poles, towers, wires and transmission lines, and, for its own use, telephone and telegraph lines) for the pur- pose of supplying electricity to said Town, and its successors, the inhabitants thereof, and persons and corporations beyond the limits thereof, for light, heat, power and other purposes. This grant is made in consideration of the construction, maintenance and operation of the electric light and power lines by the Grantee herein provided for, and for the benefits and convenience to the inhabitants of said Town as a result thereof. Section II. That the Town of Edgewater, Florida, here- by reserves the right at or after the expiration of this grant, to purchase the property of the Grantee used under this grant, as provided by the Statutes of Florida, in effect at the time of the Grantee's acceptance hereof', including Section 1844 of the Revised General Statutes of Florida, of 1920, and as a condition precedent to the taking effect of this grant, the Grantee shall give and grant to the Town of Edgewater, Florida, the right to purchase so reserved. Grantee shall be deemed to have given and granted such right of purchase by the act of acceptance hereof. Section III. That poles and towers shall be so located or relocated and so erected as to interfere as little as possible •.vith traffic over :>aid streets, avenues, alleys, highways, bridges and public places, and with reasonable egress from and ingress to abutting property. The location or relocation of all poles, towers and conduits shall be made under the supervision and with the approval of the Council of the Town of Edgewater, Florida, but not so as unreasonably to interfere w.1th the proper operation of Grantee's lines and service. Section IV. That the Town 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 lines and appurtenances hereunder, and the acceptance of this franchise shall be deemed an agreement on the part of said Grantee to indemnify said Town and hold it harmless against any and e:ll liability, loss, cost, damage or expense which may accrue to said Town by reason of the neglect, default or misconduct of the Grantee in the construction, operation or maintenance of its lines and appurtenances hereunder. Section V. That all lines constructed under this grant shall be constructed and maintained in accordance with established practice with respect to electrical construction and maintenance. - 2 - Section VI. That Grantee agrees to make promptly such extensions to its existing facilities as may be required by one or more customers, or prospective customers, provided that if the revenues to be derived therefrom shall not afford a fair and reasonable return on the cost of providing and rendering the re- quired service, then Grantee shall be permitted to, and is hereby authorized to, exact from such customer or customers such cash advances, or make with such customer or customers such arrangements as to cash advances, minimum guarantees, service guarantees and/or other arrangements, as will enable Grantee to earn a fair and reasonable return on the cost of providing and rendering the re- quired service. Section VII. That the rates fixed by Grantee from time to time shall at all times be just and reasonable; and subject to reasonable minimum charges and service guarantees,tGrantee's net rates for electric energy furnished for lighting purposes shall not exceed 15 cents per kilowatt hour. Section VIII. That saiu Town .agrees to pass all ordinances necessary or suitable, both for the protection of the rights and property of said Grantee, end to enable said Grantee to enforce any of said Grantee's reasonable rules and regulations, for the manage- ment, operation and control of the service hereunder, and to pass any ordinance or ordinances that may be necessary or suitable In order to fully confirm to said Grantee the rights herein or hereby granted or intended so to be. Section IX. That when any portion of a street is. excavated by Grantee in the location or relocation of any of its conduits, poles, towers, wires and transmission lines, the portion of the street so excavated shall, within a reasonable time and as early as practicable after such excavation be replaced in as good condition as it was at the time of such excavation. r Section X. That failure on the part of the Grantee to comply in any substantial respect with any of the provisions of this franchise, shall be grounds for a 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 said 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 the Town Council at its discretion to grant such additional time to the Grantee for compliance as necessities in the Case require. Section XI. That the Grantee is hereby given the right and authority to make assignments of this right, privilege and authority and the rights thereunder,. all assignees to be bound to the same extent as the original Grantee. :i - 3 - Section .%LI. That this ordinance shall take effect as soon as it shall have been duly approved and adopted as required by law and accepted as required herein. Section UII. That the Grantee shall file its written acceptance of this franchise vdth the Tovm Clerk of the Town of Edgewater, Florida within thirty (30) days after it shall have been duly approved and adopted as required by law. Section XIv. That all ordinances, and parts of ordinances, in conflict herewith be and the same are hereby repealed. Passed in Open Council of the Town Council of Edgewater, Florida, on June 1st, 1926. resident o Town ounc Attest: /S/ Paul D Ledin Town lark Approved unanimously in Open Council of the Town Council of Edgewater, Florida, on June 15th, 1926. Attest: /S/ Paul D. Leddin Tovmm i'ier A/ 0. A. ASHCRAFT president of Town Counci" u 1 S/ SAM R. FEE /S/ M. H. HAUGHTON /S/ l:. H. PHILLIPS / S/ E. H. LO IIAN councilmen - 4 -