The URL can be used to link to this page

Home My WebLink AboutO-1978-173 ORDINANCE NO. 173 1 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, GRANTING TO FLORIDA POWER & LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS AN ELECTRIC f FRANCHISE FOR A PERIOD OF THIRTY (30) YEARS , IMPOSING PROVISIONS AND CONDITIONS RELATING THERETO, AND PROVIDING FOR MONTHLY PAYMENTS TO THE CITY, AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR i PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT ; AND i PROVIDING FOR AN EFFECTIVE DATE. { BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: Section 1 . That there is hereby granted to Florida Power F 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 in the ? ed the "Grantor" ) and its successors , City of Dania, Florida (herein call j in accordance with established practice with respect to electrical I construction and maintenance , for the period of thirty (30 ) years from the date of acceptance hereof, electric light and power facilities a (including conduits , poles , wires and transmission lines , and, for its own use , telephone and telegraph lines) for the purpose of supplying 1 , � electricity to Grantor, and its successors, and inhabitants thereof, jand persons and corporations beyond the limits thereof. i i Section 2 . As a condition precedent to the taking effect of this grant , Grantee shall have filed its acceptance hereof with the Grantor' s i Clerk within thirty (30) days hereof. I Section 3 . That the facilities shall be so located or relocated i and so erected as to interfere as little as possible with traffic over i 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 1 any portion of a street is excavated by Grantee in the location or I 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 excavation, be replaced by the Grantee at its expense and in as good condition as it was at the time of such excavation. I Section 4 . That Grantor shall in no way be liable or respon- sible for any accident or damage that may occur in the construction, i operation or maintenance by Grantee of its facilities hereunder, and the acceptance of this ordinance shall be deemed an agreement on the part of the 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 i in the construction, operation or maintenance of its facilities here- under. Section 5 . 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 i regulation as may be provided by law. I I Section 6. That no later than sixty (60) days after the first i j anniversary date of this grant and no later than sixty (60 ) days after i { each succeeding anniversary date of this grant , the Grantee , its i " successors and assigns , shall have paid to the Grantor and its I successors an amount which added to the amount of all taxes as assessed , i 1 levied, or imposed (without regard to any discount for early payment or any interest or penalty for late payment) , licenses , and other impositions levied or imposed by the Grantor upon the Grantee' s elec- tric property, business or operations, and those of Grantee ' s electric i subsidiaries for the preceding tax year, will equal six per cent (6%) of Grantee' s revenues from the sale of electrical energy to residential , a commercial and industrial customers within the corporate limits of i the Grantor for twelve (12 ) fiscal months preceding the applicable i anniversary date. i I -2- I Section payment of the amount to be 1 paid to Grantor by 1 Grantee under the terms of Section 6 hereof shall be made in j ad- ' vance b y estimated monthly installments commencing ninety (90) days i after the effective date of this rant. g Each estimated monthly installment shall be calculated on the basis of ninety per cent (90%) of Grantee 's revenues (as defined in Section 6) for the monthly I billing period endin g six ty xty (60) days prior to each scheduled monthly payment. The final installment for each fiscal year of this grant i shall be adjusted to reflect any underpayment or overpayment resulting from estimated monthly j y installments made for said fiscal year. Section - As a further consideration of this franchise, said Grantor agrees not to engage in the business of distributing and i selling electricity during the life of this franchise or any extension thereof in competition with the Grantee, its successors and assigns . ion Section That failure on the part of Grantee to comply in any i substantial respect with any of the provisions of this ordinance , p shall be grounds for a forfeiture of this grant , but no such forfeiture j shall take effect if the reasonableness or propriety thereof is protested by Grantee until a court of competent P jurisdiction (with right of appeal in either party) shall have found that Grantee has 1 failed to comply in a substantial respect with an of the P Y p Y provisions I Of this franchise, and the Grantee shall have ' six (6 ) months after � the final determination of the question, to make good the default g before a forfeiture shall result with the right in Grantor at its 1 discretion to grant such additional time to Grantee for compliance as i necessities in the case require . i Section p This franchise as provided by this ordinance shall take effect on the date upon which Grantee files its acceptance with Grantor. Sects 11 Should any section or provision of this ordinance or any portion hereof be declared b i y a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the re- mainder hereof as a whole or any part hereof, other than the part declared to be invalid. 1 -3- Section 12 . That if for any reason this ordinance shall be found to be invalid, then, in such event , it is the declared intent of the City Commission that this ordinance shall be inoperative and i ivoid as of the time when it was first introduced and that Ordinance No. 308 , effective on October 23 , 1953 , shall be and remain in full force and effect as though this ordinance had not been enacted. Section 13. That all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict herewith be and I the same are hereby repealed to the extent of such conflict . Section 14. That this ordinance shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED on First Reading on the 23rd day of May 1978. PASSED and ADOPTED on Second and Final Reading on the 13th day of June 1978 . - CO S R J ATTEST: i a � CdTY CLERK'- AUDITORCLERK'- AUDITOR 4 j i I APPROVED FOR FORM AND CORRECTIVENESS BY FRANK C. RULER, City Attorney City of Dania, Florida I -4-