O#199O~DiNf~GE NO. 1~
AN ORDI[f~2~tCE GRANTING TO FLOR-VD~ PO~R
LIGHT CO~PAh~Z~ ITS SUCCESSORS AND
ASSIGNS, AN E~CTRIC FRANCHISE~ AiqD
I~[POSIKG PROVISIONS Ai~[D CONDITIONS
P~LATING
BE IT OP~DAiNED ~Y THE CITY CO~,[~ISSiON OF THE
Ci~ OF BOYNTON B~&CH, FLORIDA:-
Section 1. That there is her~y granted to Florida Power
& Light Company (herein ca~lsd the ~Grantee~), its successors
and assi~s, tb~e right~ privilege or franch&se to construct, ~
maintain and operate~in, under, upon, over and across bne present
and future streets, alleys, bridges~ easements ~d other public
places of the City of Eoynton Beach, Florida, ~herein called
the '~Gr~tor~) and its successors~ mn accordance with established
practise with respect ~o electrical construction and maintenance~
for the period of thirty years from the date of acceptance here-
of, 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 i~aabitants thereof, a~ p~rsons
and corporations beyond the limits thereof.
Section ii. That Gran~or hereby reserves the ri~lat at
after the expiration of this grant 5o purchase the property of
Grantee used u~er this' grant, as provided by the Laws of Florida,
in effect at the time of Grantee's acceptance hereof~ including
Section 167.~ of tho ~'lori~a Statutes l$~l, and as a condition
precedent to the t. ak~g effect of this grant~ Grantee shall give
and grant tO the Grantor the risht to purchase so reserved. Grantse
shall be deemed to have given and g3antsd such right of purchase
by its acceptance hereof~ which shall bo filed with +~ Grantor~s
clerk within thirty (~0) days after this ordinance takes effect.
Section iii. That the facilitie~ shall be so located or
relocated and so erected as ye interfere as little as possible
with traffic over said streets, alleys, bridges and public places~
and with reasonable egress from and ingress is abutting propersy.
The location or relocation of all facilities shall be made under
the supervision and with th~ approval of such representatives
as the Eoverning body of Grantor m~y 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 Dr~tge in the location or relocation
of any of its facillties~ the portion of the street so excavated
sh~!l ~ithin~ ~easonab!~.time~sn~ ~s'.~ar~y.as p~ct~eable afts~
such excavation be replaced by the Grantee at its expense a'~d in
as good condition as it was a~ the time of such excavation.
Section IV. ~at Grantor shall in no way be liable or res~
ponsible for any accident or damage that may occur in the const-
ruction, operation or maintenance by Gr,%tee of its facilities
hereunder~ and the acceptance of thi~ ordinance shall be deemed
an agreement on the ~art of Grantes, to inde~m~ify ~r~_~tor~ ..... =~m~
hold it harmless agaznst 7~
=ky and all liability, loss, dost~
damage or expense, which ~uay accrue to Grantor by reason of the
neglect, default, or misconduct of Grantee in the construction~
opera, ion or maintenance of its facilities hereunder.
B~ction Vo That all rates mhd rules and regulations est-
ablished by Grantee from time to time shall at ali times be reas-
OhabIe and Grantee's ratss for electricity shall at all times
be subjeev to sdch re~-uiation as ~ay be provided by law.
Section VI. That within thirty days after the first an-
niversary date of this grant ~d within thirvy days after each
succeeding anniversary dats during the existence of this grant,
the Grantee, its successors and assi~s~ shall pay to the Gr~tor
and its successors a sum equal to the difference between (a) six
per c~nt~ of the amount of its revenues from the sale of electric
energy to residential and co~_~ereial customers within the cor~
porate limits of Gr~tor for the twelve calendar months preceding
the zpplisable a~iversary date~ and (b) the amount of any taxes,
licenses or other impositions levied or imposed by Grantor against
Grantee's proper~y, business or ~perations for ~Jne preceding vax
year.
Section Vii. As a further consideration of t~is franchise,
sai~ Grantor agrees not to engage in the business of distributzng
and selling electricity dur&ng the life of this franchise or
any e~tension thereof in competition with the Gr~itee~ its suc-
cessors and assisns.
Section VIII. That faitnre on the part of Grantee to comply
in an~ substantial respect with any of th~ provisions of this
ordiuance, shall be grounds for a forfeiture of this grant~ but
no such forfeiture shall take effect if the reasonableness of
proprievy thereof is p~ot~sted by Grantee until a court of eom-
peten~ ~urisdiction (with rig~nt of appeal in either party) she.ll
have found that Grantee has failed to comply in a substantial
respect with any of the provisions of this franchise~ ar~ the
Grantee shall have six (6) months after the final determination
of the question~ to make good ~ne default bsforea forfeiture
shall result with the riEht in Grantor at its discretion to grant
such additional time ~o Grantee .for compliance as necessities in
the case require.
Section iX. This ordinance shall take effect ten(10) days
afte~ it shall have been duly passed ~d adopted as required by
law. It shall be published or posted as required by law.
Secti.on X. That all ordinances and parts of ordinances, in
conflict herewith be and the same are hereby repealed.
PASSED D2~D YDOPTED on second readinglin full at s regular
meeting this llth day of April, 19R7,
Attest:
( S!g3~ed ~ Clarence Benson
. .~%_ty Clerk-Co~r~issioner
Sm$~ed) Paul ~£ercer
~ayor-C om~ui s s i on~
Signed )_.B.V. Tattersall