O76-09 ORDINANCE NO. 76-9
AN ORDINANCE OF THE CITY OF BOYNTON BEACI~,
FLORIDA, REPEALING ORDINANCE NO, t99 IN ITS
ENTIRETY, AND GRANTING TO FLORIDA POW-ER &
LIGHT COM~PANY, ITS SUCCESSORS AND ASSIGNS,
AN ELE'~RIC Fl~A:NCHISE, AND IMPOSING PRO-
VISIONS ~D CONDITIONS RELATING THERETO;
PRO¥IDiNG FURTHER FOR A SAVINGs CLAUSE~ RE-
PEALING PRovisioNS, AUTHOi~ITY TO ,CoDIFy, AN
EFFECTIVE DATE AND FOR~ OTHER PURPOSES:
BE IT ORDAINED BY THE CITY COUNCIL OF TI-IL CITY OF
BOYNTON BEACH, FLORIDA:
Section 1; That the-~e is hereby granted to Florida Power & Light
Company (herein called hhe "Grantee"), its successors and assigns, the
non-exclusive right, privilege or franchise to construct, maintain and oper-
ate in, under, upon, over and across the present and future streets, alleys,
bridges, easements and other public places of the City of Boynton Beach,
Florida, (herein called the "Grantor") and its successors, in accordance
with established practice with respect to electrical construction and main-
tenance, for the period of thirty years from the date o£ acceptance hereof,
electric light and power facilities (including conduits, po[es, wires and
transmission lines, and, for its own use, telephone and telegraph lines) for
the purpose of supplying electricity to Grantor, and its successors, and
inhabitants thereof, and persons and corporations beyond the limits thereof.
Section 2: As a condition precedent to the taking effect of this
grant, Grantee shall have filed its accepiance hereof with the Grantor's clef
within thirty (30) days hereof.
Section 3: That the facilities shall be so located 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 re[ocatian of all facilities
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 m
the location or re~ocation of any of its facilities, the portion of the street so
excavated shat[, within a reasonable time and as earky as practicable afier
sueh excavation, be repiaced by the Grantee a~ its expense and in as good
condition as it was at the timeoof such exca~zation.
Section 4~ That Grantor shah in nO way be liable or responsible for
any accident or damage that may occur in the consiruction, operation or
maintenance by Grantee of its facilities hereunder, and the acceptance of
this ordinance sha[~ be deemed ar_ agreement on the part of the Grantee, to
indemnify Grantor and hold it harm[ess against any and att liability, toss,
cost, damage or expense, which may accrue to Grantor by reason of the
neglect, default, or misconduct of Grantee tn the construction, operation or
maintenance of its facilities hereunder.
Section 5: That att rates and rules and regulations established by
Grantee from time to time shaft at at! times bD reasonable and Grantee's
rates for electricity shah at att times be subject to such regulation as may
be provided by [aw,
Section 6~ That no tater than sixty days after the first anniversary
date of this grant and no tater than sixty days after each succeeding anniver-
sary date of this grant, the Grantee, its successors and assigns, shah have
paid to the Grantor and its successors an amount which added to the amount
of att taxes as assessed, levied, or imposed (withou% regard to any discount
for early payment or any interest or penalty for [ate pa~vrnent), licenses,
other impositions levied or imposed by the Grantor upon the Grantee's elec-
tric property, business, or operations, and those of Grantee's electric sub-
sidiaries for the preceding tax year, wi[~ equat 6% of Grantee's revenues
from the sate of electrical energy to residential, commercial, and industris
customers within the corporate limits of the C~rantor for the twelve fiscal
months preceding the applicable anniversary date.
Section 7: Payment of the amount to be paid to Grantor by Grantee
under the terms of Section 6 hereof shat[ be made in advance by estimated
monthly installments commencing ninety days after the effective date of this
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grant, t~ach estimated monthly installment shah be calculated on [he ba~s
of ninety percent [90%) of Grantee's revenues (as defined in Section 6) for the
monthly bi[ling period ending sixty days prior to each schedule,
ment. The final installment for each fiscal year of [his grant shah be
adjusted to reflect any anderpayment or overpayment resulting from
estimated monthly installments made for said fiscal year.
Section 8: As a further consideration of this franchise, said
GranTor agrees not to engage in [he business of distributing and selling
electricity during the life of this franchise or any extension thereof in com-
petition with lhe Grantee, its successors and assigns.
Section 9: That failure on [he part of Grantee to comply in any sub-
stantial respect with any of the provisions of this ordinance, shah be grounds
for a forfe[[hre 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 party) shah 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 slx (6) months after
the final determination of the queslion, to make good the default before a
forfeiture shall result with the right in Grantor at its discretion Go grant
such additional time to Grantee for compliance as necessities in the case
require.
Section 10. Authority to Codify: Specific authorit~y is hereby grante
to codify and incorporate this Ordinance in the City's existing code.
Section ll. Separability: Should any section or provision of this
Ordinance or any portion hereof be declared by a Court of competent juris-
diction to be inva[i~l~ such decision shah not affect the va[idit.v of [he remain-
der hereof as a whole or any part hereof, other than the par~ declared to be
invalid.
Section 12. Repealing l~rovisions: That all ordinances and parts of
ordinances in conflict herewith be and the same are hereby repealed.
Section 13. An~ffedtive Date: This Ordinance shall become
effective on lhe date upon which Grantee fi[es its acceptance or in the manne~
and at the time as provided by [aw, whichever event shall [a~er occur.
First reading this /7J~day of _~~ , 1976.
Seeond, finat reading and passage this~(/~ day of ~,)~'
1976.
CITY OF BOYNTON BEACH, FLORIDA
By:
Council Member
ATTEST:
Cily Clerk
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