183 s'
ORDINANCE NO. /�g
AN ORDINANCE GRANTING TO THE CITY OF NEW SMYRNA
BEACH, FLORIDA ITS SUCCESSORS AND ASSIGNS THE
RIGHT, PRIVILEGE, OR FRANCHISE FOR THE PERIOD
BEGINNING NOVERBER 8TH 1950 AND ENDING JUNE 25TH,
1956, TO CONSTRUCT MAINTAIN AND OPERATE IN, UNDR,
UPON AND ACROSS THE PRESENT AND GUTURE STREETS,
AVENUES, ALLEYS HIGHWAYS, BRIDGES, EASEMENTS, 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 , FOR THE PURPOSE OF SUPPLY-
ING ELECTRICITY TO SAID TOWN AND ITS SUCCESSORS,
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THE INHABITANTS THEREOF AND TO PERSONS AND CORPORAT-
IONS BEYOND THE LIMITS THEREOF FOR LIGHT HEAT,
POWER AND OTHER PURPOSES AND IMPOSING PROVISIONS
AND CONDITIONS RELATING THERETO.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TG4N OF
EDGEWATER, FLORIDA:
Section 1. That there is hereby granted to the City
of New Smyrna Beach, Florida, its successors and assigns
(herein called the Grantee) , the right, privilege or fran-
chise for the full period beginning on the 8th day of
November, A.D. 1950 and ending on the 25th day of June,
A.D. 1956, to construct, maintain and operate, in, under,
upon and across the present and future streets, avenues,
alleys, highways , bridges, easements, and other public
places in the Town of Edgewater, Florida, and its success-
ors, electric light and power lines, together with all the
necessary or desirable appurtenances (including underground
conduits) , poles, towers, wires and transmission lines, and,
for its own use, telephone and tele graph lines) for the pur-
pose of supplying electricity to said Town, and its success-
ors, 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 con-
struction, 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.
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Section 2. 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 is provided by the Laws of the State of
Florida, in effect at the time of the enactment of this
Ordinance, or under the provisions of any laws hereinafter
becoming effective, 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 pur-
chase so reserved. The Grantee shall be deemed to have
given and granted such right of purchase by the acceptance
hereof.
Section a. That poles and towers shall be so located
or relocated and so erected as to interfere as little( as
possible with traffic over said streets, avenues, alleys,
highways, bridges and public places, and with reasonable
egress from and ingress to abutting property. The locat-
ion 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 with the proper operation of
Grantee' s lines and service.
Section it-. That the Town of Edgewater 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 agree-
ment on the part of said Grantee to indemnify said Town and
hold it harmless against any and all 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 appurt-
enances: hereunder.
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Section 1. That all lines constructed under this
grant shall be xonstructed and maintained in accordance
with established practice with respect to electrical
construction and maintenance.
Section 6. That the Grantee agrees to make promptly
such extensions to its existing facilities as may be
required by one or more customers, or prospective cust-
omers, provided that if the revenues to be derived there-
from shall not afford a fair and reasonable return on the
cost of providing and rendering the required 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 required service.
Section 2. That the rates fixed by the Grantee from
time to time shall at all times be just and reasonable ;
and, subject to reasonable minimum charges and service
guarantees, Grantee' s net rates for electric energy furn-
ished for lighting purposes shall not exceed 15 cents per
kilowatt hour.
Section 8. That the said Town agrees to pass all
ordinances necessary or suitable, both for the protection
of the rights and property of said Grantee, and to enable
said Grantee to enforce any of said Grantee' s reasonable
rules and regulations , for the management, 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.
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Section 2. 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 ex-
cavation be replaced in as good condition as it was at
the time of such excavation.
Section 10. That failure on the part of the Grantee
to comply in any substantial respect with any of the pro-
visions of this franchise, shall be grounds for a forfeit-
ure 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 Gran-
tee 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 dis-
cretion to grant such additional time to the grantee for
compliance as necessities in the case require.
Section 11. That the Grantee is hereby given the right
and authority to make assignments of this right, privilege
and authority and the rights thereunder, and all assignees
to be bound to the same extent as the original Grantee.
Section 12. 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 23..__ That the Grantee shall file its written
acceptance of this Franchise with the Town Clerk of the
Town of Edgewater, Florida, within thirty (30) days after
it shall have been duly approved and adopted as required by
law.
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Section 14. That all ordinances, and parts of
ordinances in conflict herewith be and the same are
hereby repealed.
Upon motion duly made by Councilman Todd
and seconded by Councilman Fuller
the above and foregoing ordinance was rend in full, on
first reading and passed by the Town Council of the Town
of Edgewater, Florida, at a regular meeting thereof held
on November 8th, 1950, the vote of the Council being as
follows: 1/
Yeas: Councilman _
Councilman d'U t
Aimpwr
Councilman 44/•
Upon motion duly made by Counclman Todd
and seconded by Councilman Kuhlhof�
the above and foregoing ordinance was read on second
reading and passed by the Town Council of the Town of
Edgewater, Florida, at a regular meeting thereof held on
November A2 2 , 1950, the vote of the council on second
reading being as follows:
Yeas:
Council mn ,;
Councilman / 1('- ,
Councilman 167 tr", b/
Upon motion duly made by Councilman and
seconded by Coun.cilmnn , the above
and foregoing ordinance was read on third and final reading
and passed upon final adoption by the Town Council of the
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Town of Edgewater, Florida, at a regular meeting thereof,
held on the day of December, A. D. 1950, the vote of
the Council on final adoption being as follows:
Yeas:
Councilman
Councilman
Nays:
Councilman YYY
Attest:
-41 LOarld'
o _ C erg /
Approved this day of November, A. D. 1950
Mayor,
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