Loading...
126ORDINANCE NO. 12.6 AN ORDINANCE AUTHORIZING THE EXECUTION OF A CONTRACT GIVING THE CITY OF NEW SMYRNA BEACH A FRANCHISE IN THE CITY OF EDGEWATER FOR THE SALE OF ELECTRICITY AND PROVIDING THE TERMS THEREOF. BE IT ENACTED BY THE PEOPLE OF THE CITY OF EDGEWATER, FLORIDA: Section 1: That the City of Edgewater does hereby agree to the proposed contract between it and the City of New Smyrna Beach, said contract providing In sub- stance the following, to -wit: mj/1„ a r R E E t= E N T THII. k6:iiEE7T:NT - made this y day of .July, A.D., 1956, by and between the City of New Smyrna Beach, a Municipal Corporation of Volusia County, Florida, party of the first part, and the City of P.dgewater, a ".unlcipal Corporation of Volusia County, Florida, party of the second part. WITNESSETH: The party of the first fart covenants and agrees to and with the 1,arty of the second part, a,3 follows: 1. That It will supgay electricity and furnish the existing electrical distribution and motor- ing equipment unto the party of the second part, and into other consumers of electricity located therein for the term of ten (10) years, said ten year term commencing on the let day of May, A.D., 1956; that it will also extend its facilities to furnish electricity for -additional municipal Installations, residences, commercial and industrial eetablishmento, as may be reasonably required or needed, for the welfare of or convenience to the party of the second part or the inhabitants thereof. The question of reasonable requirement for extending facilities by the party of the first part, shn1l be determined solely by the governing; body of the party of the second part. 2. That the party of the first part will, at its own coat and expense, maintain the aforesaid electrical distribut;on and seterig, facilities, so as to provide for all electrical ener;y reouire- ments at proper and ample volts„e^; will likewise pay the cost of all extensions of said distribution and metering; equipment which may be installed during the term of this agreement; will make such extensions and installations of saiddistribution and metering equipment as the governing body of the partyyof the second part shall deers reasonable and necaekary for the welfare, convenience and enjoyment of the pros- pective eonsu,mrs of electric energy within the corporate limits of the - rty of the second part; and shall and will maintain and extend such facil- ities in the standard manner of practice ,prevailing; In regard to such maintenance and extensions. If any dispute or question shall arise regarding; the duties of the party of the first part under this sub -paragraph, the party of the second ,;art shall be the sole Judge of such dispute or question, after extending to the party of the first part a reasonable notice and giving it an opportunity to be heard. '' That it will read all meters, ^iaintain all records of electricity consumed, prepare and transmit state- ments to the consumers thereof, collect all accounts for electricity consumed and keep said records and . accounts open and available for inspection by the party of the second part, or its duly authorized agents a,,d attorneys at all reasonable timec. , V"� 4. That it will furnish to all consinaern -:within the corporate limits of the party of the second part, both present and rron- peotive, and at all timer during the term of thin agreement, electricity at the sacre rate or ratan c'.arged therefor by the party of the first part to other like consumers of electricity served by the said nasty of the first part within its corps - rate limits. 5. That It will furnish to the party of the second part, electric service for street lighting pcuhoses or for traffic control and/or traffic warning signals, at a .rate based upon the cost of said electric service, as ecrapated by the consult- inr, eN,,Ineers of the party of the first ;art, being speciPio- sally agreed that said cost is now determined at a1.50 per Month for each street light or each signal a- the case 'way be, and that said established coat shall not be changed without first giving the party of the second ,)art sixty (60) days smitten notice of Intention to change the computed cost to the ;:arty of the second part. Before any rates are changed In accordance with this sub -paragraph, the ,arty of the first part shall at the tine of giving notice of intention specify the time and place when the oonsultinf; engineers of the party of the first part can be questioned and examined as to the basis of his computations, and the rarty of the second part shall have the right to hire an engineer of their own to check and verify at their expense the computations of any consult- Ing engineer of the party of the first party. If the :arty of the second part deems the cost to be excessive, the party of .the second part shall have the right to discontinue the service referred to in this paragraph or any part thereof. 6. That it will furnis-h to the party of the second part also- trieity for the existing meters; and services as am Installed in the Oity Hall and the City Community Center Ruilding and for such meter and services as are to be installed in the pro- posed water treatment plant to be erected., at 80% of life rates as arc charged others for similar services. 7. That it will pay to the party of the second part durinf; the time thin agreement Is in effect, a rebate deternine6 and cal- culated in the following manner, to-witf Gross per year endinj, ilE&y 113t of each End every year as per the following; table, to -wit: Gross Rebate tinder '.65, 000 6X �'65, 000 to ^70, 000 7% `.70,000 to M75.000 8% '75,000 to "80,000 9% Above nO,000 10% T3 Ae peroenta;o to be computed m4 applied to the total sales, not increase. Thin llercentum ret,ate shall be calculated on the actual charges made and collected for alectrieity and shall not apply to any taxes or importAtions that the party of the first party may be compelled to collect in addition thereto by the party of the second part, or any other political subdi- vision of the State of Florida, or the government of the United States of America. This gross shall include only catered ser- vice and shall not include any electricity furnished to the party of the second part for street lighting purposse or traffie signal controls. It is the intent of this sub -paragraph to compensate the party of the second part to the extant of the percentum provided for of all ionlei collected by th^ party of the first part from consumers located within the corporate limits of the party of the second part for the actual charges ,. of electricity paid for by the consumers, and not for other Impositions that may be by law or regulation added to the oofiR 'J sumer's bill that the party of the first part has no contrrol over. That the payment provided for herein shall be isr full tom" payment and satisfaction for the franchise, right, privilege of furnishing electricity to consumers gV within the corporate limits of Vie party of the second part, an shall be in lieu of all taxes and assessments of every nature whatsoever that may or could be guide by the party of the second part against the party of the first part. The rebate shall be pcid in monthly installments at the percentage rate of rebate In force for the preceding year aodat the end of each contract Year, 'bald year ending April jOth, an adjustment shall be made based upon actual gross collected by the party of the first part from. the consumers within the corporate limits of the party of the second part. 8. That it will collect for the account of the party of the second ;:art any and all electric utility taxes t1posed by the party of the second Hart upon consumers within its corporate limits and remit the same to the party of the second hart monthly. That no charge will be made by the party of the first part against the party of the second part for the performance of this service. U. The party of the second part covenants to and with the party of the first part an follows: 1. That the party of the first part shall hale the right of ingresn and egress over and upon the public streetn, ways and property of the party of the second part for the purpose of constructin, maintaining and serviding electrical equipment, free from interference by the -party of the seeond part, or any person or persons, aoting through, by or under it. 2. That the ,:,arty of the first part shall have the right and privilege to rest poles and other eleo- trioal equlpment at all necessary mid proper places,'. within the oorporfte limits of the party of the second part, and shall have the right to trim or remove any trees, shrubbery or other �,rovth which may interfere with the extension, construction or mintenonee of electrical ecuipment, provided however that this right and privilege shall not ih anywise extend to the private property of any property owner in the corporate limits of the party of the second >art, but shall apply only to those properties of a pub- lic nature, over which the party of the second part may have control. //3. That it will purchase all electricity used by it for street lighting, traffic signalling or other nmloljx-1 purpose from the party of the first part In accordance with the terms ar, heretofore set forth and that it will pay promptly as billed. 4. That it agrees to accept the 1:ereentum of rebate as provided for in paragraph A 7. as payment in full for the right and privilege of the tarty of the first part to furnish electricity as aforesaid and said payments shall be in lieu of all taxes and assessments of every nature whatsoever that it may or could assess against the party of the first part. This exemption shall not extend beyond the tire when this agreement shall be tersdnated. C. it is mutually agreed by and between the f:arties hereto as follows! 1. That nothing in this agreement shall apply to those areas or parts of the party of thm second ::art, now being served by the Florida Power h Light Company, Including street lighting and traffic control signals In the area now being served by the Florida Power & Light Company. 2. That at the expiration of this agreement the party of the second ;':art shall have the right to purchase the property or properties of the Art of the first part, at its reasonable value, a, is now provided by the Laws of the State of Florid,- 3 That at the expiration of this agreement, this agreement shall continue indefinitely unions and until either r,arty shall give go days notice to the onr'ORite pasty that the same is cancelled. That this agreement shall not be assignable, nor shall it pass by succession, and in the event that the party of the first part should sell or otherwise dispose of its electric system, then this agreement shall at once be terminated. 5. "Chat the party of the second fart shall enact such oridnances or resolutions an may be necessary and reasonable to effectuate the provisions, of this. agreement. 6. That the party of the first ;;art shall anve harm- less and protect from da.We, the party of the second part, in-nd about the negligent construction or main— tenance of any of its equipment within the corporate limits of the :)arty of the second part, and in the event that the s,arty of the second part should sustain lose or damage by reason of the carelessness or negligence of the !,arty of the first cart, or any one acting through or under it, the party of the first I%art shall reimburse the party of the second ;'art 1n full therefor. Grp IN HITNEfl9 !MEREOh, The CITY OF NEW S�,YRNA BEACH, has caused these presents to be Ixecuted in its name by its Mayor and Acting, City Clark, and the corporate seal of said City to be hereunto affixed at New �myrna Beach, L! Volusia County, Florida, puraucnt to authority of its City Commission contained In appropriate form this day of July, A.D. 1956. 34,,ned and sealed in the presence of: CITY OF NEW.3IMiXA 13EACH By: Its Mayor ATTIf.:9T: Its Actin, City Clerk IN 'WITNESS WHEREOF, the CITY OF EDGF'P"AME . hap caused these i?reeents to be executed in its name by Its I!ayor and attested by its City Clerk, and the corporate seal of said City of Edgewater, to be hereunto affixed at Edgewater, in Volusia County, Florida, pursuant to the authority of its City Council in appropriate form, heretofore had, given and directed, on this day of July, A. D. 1956. CITY ON' EDGEWATER Signed and sealed in the presence of: pp Its "ayor ..y AT7.'F.:3f k�-� Its City Clerk ,, as to form and content. R, Lee Freeman, City Attorney City of :iew Smyrna Beach, Florida APPROVED as to form and content. Fred Is.. Brannon, Jr„ City Attorney City of Edgewater, Florida Section 2: The Mayor and City Clerk are respective- ly authorized and directed to execute said contract for anion behalf of the City of Edgewater. Section 3: This Ordinance shall take effect imme- diately upon its passage and approval by the Mayor. The above Ordinance was read in full and passed by the vote of the City Council of the City of Edgewater, Florida, at a regular meeting on the 30th day of July, A.D. 1956. Upon motion duly made, seconded and unanimously carried the requirement of reading said Ordinance upon second reading was waived, and the Ordinance was ordered put upon final passage. Passed by the vote of the City Council of the City of Edgewater, Florida, at a regular meeting of said Coun- cil held on the 30th day of July, A. D. 1956, and epproved as provided by law, the vote of said Council on roll call being as follows: _ 7L0`1tzP c�J ��9GUz-<'!H Mayor? unell Councilman 'T- Herman John (Absent) _ Councilman -7 Councilman c Ci a City Clerk v-T" Approved this 30th day of July, A.D. 1956.