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151ORDINANCE No. 151 AN ORDINANCE GRANTING TO FLORIDA POWER & LIAGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC FRANCHISE, AND IMPOSIM PROVISIONS AND CONDITIONS RE - EATING THERETO: DE IT ENACTED BY THE PEOPLE OF THE CITY OF 2DGMIATER, FLORIDA:- any A Section 1. That *there is hereby granted to Florida Power & 'w Light Company (herein called the 'Grantee"), its successors and assigns, the non-exclusive right, privilege or franchise to construct, maintain and operate in, under, upon, over and across the present and future streets, alleys, bridges, easements and other public places of the City of Edgewater, Florida, (herein called the "Grantor") and its successors, in accordance with establishdd 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 transmission lines, and, for its own use, telephone and telegraph lines) for the purpose of supplying electricity to Grantor, and its successors, the inhabitants there- of, and persons and corporations beyond the limits thereof; provided, however, that, until such time as the Grantor and the Grantee shall have entered into a written agreement whereby the effectiveness of the provisions of this ordinance will be extended to other areas of the City of Edgewater, the effectiveness hereof shall be restricted ( i ) to that area of the City of Edgewater wherein the Grantee is rendering electric service on the date of the final passage and adoption hereof and (11) to the area of Volusia County adjacent thereto if such adjacent area shall, during the effective period hereof, become a part of the City of Edgewater. 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 lacated 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 exeavation, be replaced by the Grantee at its expanse and in as good condition as it was at the time of each 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 here -under. Sectiob 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 regulations as may be provided by Law. Section V1. That within thirty days after the first anniversary date of this grant and within thirty days after each succeeding anniversary data of this grant, the Grantee, its successors and assigns, shall pay to the Grantor and its successors an amount which added to the amount of all taxes, licenses, and other impositions levied or imposed by the Grantor upon the Granteets electric property, business, or operations, and Khose of Granteets electric subsidiaries for the preceding tax year, will equal 6% of Granteets revenues from the sale of electrical energy to residential and commercial customers within the corporate limits of the Grantor for the twelve fiscal months preceding 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 pert of Grantee tocomply 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 protested by Grantee until a court of competent jurisdiction (with right of appeal in either partyd 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 thirty (30) days after the final passage hereof= provided, however, that should the City of Edgewater be unsuccessful in having this ordinance validated at the 1957 regular session of the Legislature of the State of Florida, t #iis ordinance shall thereupon become null and void as if it had never been passed, and all duties and obligations of the Grantee hereunder shall be terminated forthwith. Section X. That all ordinances and parts of ordinance in conflict ;herewith be and the same are hereby repealed. Passed on first reading on the llth day of March, 1957 Passed and adopted on second reading this k? t-day of April, 1957. ATTEST: a/ Frank F. DinDery City Clerk The foregoing Ordlmt�¢e approved on the day of /"/AR i F. , 1957 Signed:s/ George 0. Sedgwick Mayor a/ David L. Washburn s/ R. T. Friedley s/ s/ Bernard Farrell Members of City Council C a 0. 0 , ACCEPTANCE OF CITY OF EDGEWATER ELECTRIC FRANCHISE ORDINANCE NO. 151 City of Edgewater Edgewater, Florida April 23, 1957 PEED Florida Power & Light Company does hereby accept Ordinance No. 151, it being: "AN ORDINANCE GRANTING TO FLORIDA POWER & .LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC FRANCHISE AND IMPOSING PRO- VISIONS AND CONDITION RELATING THERETO". This instrument is filed with the City Clerk of the City of Edgewater, Florida, in accordance with the pro- visions of Section II of said Ordinance. FLORIDA POWER & LIGHT COMPANY AY" Eyit. U. � n, i� ent I hereby acknowledge receipt of the above Acceptance by Florida Power & Light Company of Ordinance No. 151, it being: "AN ORDINANCE GRANTING TO FLORIDA POWER & LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC FRANCHISE AND IMPOSING PRO- VISIONS AND CONDITION RELATING THERETO", certify that I have filed the same for record in theperma- les and records of the City of Edgewater, Florida, this day of April, 1957. .,4isi (EXCERPTS FROM) MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA On the = day of March , 1957, the City Council of the City of Edgewater, Florida, met at the City Hall in said City in regular session. The meeting was called to order at o'clock P.M. by , and on roll call the following members of the City Council were found to be present: Messrs. ``ashbvrn, Tr edley and Farrell Absent: Also present were: John o e, k1lorlda Mier & jight, ulty Attly Branncn L City Clerk ppery On motion of Mr. , seconded by Mr. I!a"i"i5irn — Farrell and carried, a proposed ordinance entitled "All ORDINANCE GRANTI14G TO FLORIDA PAVER & LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC FRANCHISE, AND IMPOSING PROVISIONS AND CONDITIONS RELATING THERETO" was read in full by the City Clerk. Thereafter there was a full discussion of the provisions of said proposed ordinance. On motion of Mr. , seconded by Mr.F, the proposed ordinance was thereupon passed on first reading by the following vote - YEAS: Messrs. '.'ae Ibwm , F,iedley, F=^ ell NAYS: .ya:• o c one There being no further business to come before the City Council,on motion duly made and seconded, the meeting was adjourned at 3P.M. �— STATE OF FLORIDA ) ss. COUNTY OF VOLUSIA City Clerk of the City of �a; HEREBY CERTIFY that the foregoing con- Edgewater;°oritains true and correct excerpts from the official minutes of a regular meeting of the City Council of the City of Edgewater held on the _ day of , 1957, with respect Marc to the passage first readinghof a proposed ordinance entitled "AN ORDINANCE GRANTING TO FLORIDA POWER & LIGHT COMPAPIY, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC FRANCHISE, AND DIPOSING PROVISIONS AND CONDITIONS RELATING THERETO" and all matters pertaining thereto. WITNESS my hand and the official seal of said City of Edgewater this day of , 1957. 11th lfarch ity er .. (EXCERPTS FROM) MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF EDGEWATER# FLORIDA Aga On the at,, day of Ap ;, , 1957t the City CounC7lua of the City of Edgewater, Florida, met at the City Hall in said City in regular session. The meeting was called to order at ,,in P.M. by , and on roll call the following members of the City Council were found to be present& Messrs. Absent: lizy..,, C.,,�..i,.0 Also present were: On motion of Mr. :-rn-„ , seconded by Mr. John , 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", which had been passed on first reading at the regular meeting of the City Council on .r.h iurr, , 1957, was read in full by the City Clerk. Thereafter there was a full discussion of the provisions of said proposed ordinance. On motion of Mr. .,, , seconded by Mr. r„h„ , the proposed ordi- nance was thereupon, without amendment of any kind being made therein, passed and adopted on second and final reading in full by the following vote - YEAS: Messrs. 2,g,, Jnha and eAnn"" - NAYS: Said ordinance was designated Ordinance No. 151 and was there- upon signed by the Mayor and by the City Clerk who was instructed to record said Ordinance No. Isi in the book kept for that purpose. # # # # There being no further business to come before the City Council, on motion duly made and seconded, the meeting was ad- journed at __&" P.M. STATE OF FLORIDA ) sa. COUNTY OF VOLUSIA I, , City Clerk of the City of Frank F. Dippery Edgewater, Florida, DO HEREBY CERTIFY that the foregoing con- tains true and correct excerpts from the official minutes of a regular meeting of the City Council of the City of Edgewater held on the 7 — day of �_, 1957, with respect to RP the passage and adoption on second and final reading of a proposed ordinance entitled "AN ORDINANCE GRANTING TO FLORIDA POWER & LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC FRANCEISE, A;:D IMPOSING PROVISIONS AND CONDITIONS RELATING THERETO" and all matters pertaining thereto. WITNESS my hand and the official seal of said City of STATE OF FLORIDA ss. COUNTY OF VOLUSIA City Clerk of the City of Edgewater, Florida, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Ordinance No. 1gl , entitled "AN ORDINANCE GRANTING TO FLORIDA POWER & LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC FRANCHISE, AND r,1POSING PROVISIONS AND CONDITIONS RELATING THERETO", passed and adopted on second and final reading by the City Council of the City of Edgewater, Florida, at a regular meeting thereof held on the _Sty day of nisi, , 1957. AND I FURTHER CERTIFY that said Ordinance No. 7S1 has been recorded in a permanent book of ordinances of the City of Edgewater which is in my custody and control as City Clerk, and has been authenticated by the signatures of the Mayor and the City Clerk. WITNESS my hand and the official seal of said City of Edgewater this 9tt. day of Awil , 1957. city Idpw'