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O#68 0RDINAI~TCE ~0. 68 EXHIBIT A. AN ORDINANCE GRANTING TO FLORIDA P0~ER & LIGHT CoL~P~I~Y, ITS SUCCESSORS AND ASSIGNS, THE RIGHT, PRIVILEGE, OR FRANCHISE FOR THE PERIOD OF THIRTY YEARS, TO CON- STRUCT, ~,~AINTAIN AND 0PE~TE IN, U~.~DER, UPON, OVER AND ACROSS THE PRESENT ~ND FUTU~ STRETS, AVENUES, ALLEYS, HIGHU~AYS, BRIDGES, EASE- ~ENTS A~D OTHER PUBLIC ?L~CES iN THE T0~.~ OF BOY~TON, FLORIDA, AYD ITS SUCCESSORS, ELECTRIC LIG~T AND POU~ER LINES, TOGET~ER '.?ITH ALL THE NECESSARY 0R DESIRABLE APPURTENA~CES, FOR THE PURP0!~E OF ~UP~LY ELECTRICITY TO SAiD TO~, AN~D ITS SUCCESSORS, THE IN- HABITANTS THEREOF, AYD TO PERSONS AND CORP- ORATIONS BEYOND THE Li~'~.iITS THEREOF, FOR LIGHT, HEAT, P0~R A]~D OTHER PURPOSES, 6ND i~POSING PRO- VISIONS AND C0~iTIONS I~ELATI~G THERETO: - BE IT ORDAINED BY THE T0~,~.~ CO~'H~ISSIO~? OF ~'~E T0~'~? OF BOYNTON, FLORiDA: - Section 1. 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 (~0) Years from the date of acceptance hereof, to construct, maintain and operate in, under, upon, over and across the present and future sheets, a~enues, alleys, high?~ays, bridges, easements and other public places in the Town of Boynton, Florida, and its successors, electric light and po~'~er lines, together with all the necessary or desirable appurtenances (in- cluding underground conduits, poles, t~oers, wires and transmission lines, and for, for its o~m use, telephone and telegraph lines) for the purpose of supplying elec- tricity 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 oower lines by the Grantee herein provided for, and for the benefits and conveniences to the inhabitants of said Town as a result thereof. Section II. That the Town of Boynton, Florida, hereby reserves the right at or after the expiration of this grant, to purchase the property .£ the G~antee used under this grant, as provided by the Statutes of Florida, in effect at the time of the Grantee's accep- tance hereof, including Section 184~ of the Revised General Statutes of ~!orida of 1920, and as a condi- tion precedent to the taking effect of this grant, the Grantee shall give and grant to the Tov~n of Boynton, 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 twoers shall be so located or relocated and so erected as to interfere as little as possible with traffic over said street, avenues, alleys, highways, bridges and public places, and u~ith 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 Town Commission of the T~vn of Boynton, ~lorida, but not so as unreasonably to interfere with the proper operation of Grs~tee'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 Tovm and hold it harmless against any and all liability, loss, cost, damage or expense which may accrue to said To~,m 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 th~ grant shall be constructed and maintained in accordance with established practice with respect to electrical construction and maintenance. Section VI. That Grantee agress 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 de- rived therefrom shall not afford a fair and reasonable return on the cost of prividing 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 ;vith such cus- tomer or customers such arrangements as to cash ad- vances, minimtu~ 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 VII. Theft 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, Grantee's net rates for electric energy furnished for lighting purposes shall not exceed 15~ per kilowatt hour. Section VIII. That said Tov~n 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 ordi- nance 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 e×cavaged by Grantee in the location or relocation of any of its conduits, poles, towers, wires and trans- mission lines, the portion of the street so excavated shall, within a reasonable time and as early as prac- ticable after such excavation be replaced in as good condition as it was at the time of such excavation. Section X. Theft 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 r~asonableness or propriety 1i6 thereof is proteste~, 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 ~e pro- visions 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 Oommission at its descretion to grant such additional time to the Grantee for compliance as necessities in the case re- quire. 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 bound to the same extent as the original Grantee. Section XII. 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 XIII. That the Grantee shall file its written acceptance of this franchise with the Totem Clerk of the Town of Bo~ton, Florida, within thirty (30) days after it shall have been duly passed and adopted as required by law. Section XIV. That all ordinances and parts of ordinances, in conflict herewith be and same are hereby repealed. This Ordinance having been read in full at a 1i¥ Regular l~',eeting of the Town Commissioners of the Town of Boynton, Florida, held on the 2nd day of tfarch A. D. 1926, was duly adopted at a Regular ~,[eeting held on the 16th day of I~iarch A. D. 1926, a copy of which was posted at the door of the Totem Hall on the 17th day of ~{arch .a.D. 19S6. R. O. I,.~yers,~fayor (Signed) Harry Benson,Vice i~,iayor (Signed) E. L. 7finchester,Clerk (Signed) Tov~n Comr~issioners of the To'~'n of Boynton, Florida. I, E. L. 'Tinchester, To~m Clerk, hereby certify that the above and foregoing is a true and correct copy of an ordinance adopted by the Commissioners of the Town of Boynton, Florida, at their meeting duly held on the 2nd day of I~..~Iarch, 19~6; that said ordinance ~as, after its first reading, and on the 1Vth day of ~.~arch, 1926, duly posted, in full at the door of the To~vn Hall in the Tov~n of Boynton, and ',vas after its second reading and final passage on the 16th day of ~2arch, 1926, again duly posted, in full at the door of the To~vn Hall in the Tov~,n of Boynton; all as required by law. ~.Titness my official hand, under the corporate seal of said To~zn, this the 16th day of }~arch, 1926. E. L. Winchester, To~n Clerk. (Signed)