ORDINANCE NO. 4897-89
,<
~--7'
-"",'?" /
~ /
I
I
ORDINANCE NO. 4897-89
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO THE FRANCHISE GRANTED TO FLORIDA POWER
CORPORATION BY ORDINANCE NO. 1091; AMENDING SECTION 8
OF ORDINANCE 1091 TO INCREASE THE FRANCHISE FEE FROM
FIVE PERCENT TO SIX PERCENT, WITH CERTAIN CREDITS,
OUR I NG THE REMAI NDER OF THE TERM OF THE FRANCH I SE;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater, by the adoption of Ordinance No. 1091 on
July 5, 1966, granted unto Florida Power Corporation and its successors and
assigns the right and privilege of a franchise for constructing, maintaining
and operating an electric distribution and transmission system in the City of
Clearwater for a term of thirty (30) years; and
WHEREAS, the City finds it necessary to increase the franchise fee during
the remainder of the term of the franchise as provided herein; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 8 of Ordinance No. 1091 is amended to read:
Section 8. Effective the first day of the first month after the effective
date of this ordinance. Qrantor shall be entitled to receive from Qrantee a
monthly franchise fee equal to six percent (6%) of Qrantee's revenues from the
sale of electrical enerQY to residential and commercial customers plus six
percent (6%) of Qrantee's revenues from Qrantor for public street liQhtinQ, all
within the corporate limits of Qrantor. less an amount equal to one-twelfth
(1/12) the amount of all taxes. licenses and other impositions levied or imposed
by Qrantor upon grantee's electric utility facilities and property and Qrantee's
business and operations for the precedinQ year. The franchise fee for each month
shall be payable by the Qrantee on or before the fifteenth day of the followinQ
mOl1th. in care of the City Finance Director. .~s a further condition for the
granting of this franchise, t~e said grantee shall, during the term of this
franchise, pay to the City of Clearwater as consideration for the granting of
this franchise, and the rights and privileges granted and conferred herein, 4.500f)
of the gross receipts from the sale of electric energy in the City of Clearwater-
for the first ten year period of this franchise, q.75~ for the second ten year
period and 5.0006 for the third ten year period, I excepting therefrom the revenues
received from energy ~elivered to and consumed by industrial power cl:lstomers and
by the City when ysed for mYflicipal purposes. The said grantee shall be required
to keep proper books of accol:lnt showing monthly gross receipts from the sale of
1
00-/33-03
oj)
..~---'"
, "
II
II
electric energy within tho corporate limits of the City of Clearwater, and shall
mal(e a statement, in writing, showing sHch receipts for each semi aRnHal period
ending J~ne 30th and December 31st of oach and every year, and based on sHch
statements shall mal(c payment te the City Tax Collector the amoHRt due.
Section 2. This ordinance shall take effect immediately upon adoption,
subject to the acceptance hereof by the Grantee with i n 30 days after its
adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
October 5, 1989
19 1989
1 a Garvey
Mayor-Commissioner
Attest:
( , ,---, ~
' ,. '-, l- .
-'- I ~ .\\ ("-CJ~ ( , . ,/ v .........(\z_.._~_
CYllt lia E. Goudeau
City.clerk
Approved as to form
and correctness:
ACCEPTED:
FLORIDA POWER CORPORATION,
on behalf of itself and its
successors and assigns
By:
Title:
Date:
Attest:
Secretary
I hereby certily that this is a true and
correct copy of the original as it
up pears in the files of the City of
Clearwater. Witness my lland and
official seal of the City of Clearwater.
h. ...,~~ d f Oc:ic6-......, 19 rr]
T IS..u:'--: ay 0 ---"---------, ---.
(' c::"-'-I.- k~, ') ~J..:J.,'-~.,l!., '''',
- Jr-------~--~~~--------- ~-
---- U City Clerk
2
- .
STATE OF FLORIDA I)
r ss.
COUNTY OF PINELLAS )
I'
I, ~ '1~h, c,- E. r,...Ou...~ €.CLA..1.- ci ty Clerk of the city of
Clearwater, do hereby certify that the above and foregoing
Ordinance No. 4897-89
was duly and legally passed and adopted by
the City of Clearwater, Florida, on the 19th day of October, A.D.
1989, and that all procedures for the adoption of said Ordinance
were followed:
All notice and posting requirements were duly and properly
performed.
(S E A L)
~ [ /j~,-J~-
Clerk of the city of Clearwater, FL
The above and foregoing Ordinance No. 4897-89
examined and the same is hereby approved.
has been duly
Dated at Clearwater, Florida, this
A. D. 1989.
day of 0 c~&-~
Mayor of tl1e
The above and foregoing Ordinance No. 4897-89 has been duly
examined by me and the same is hereby approved as to form and
legality.
Dated at Clearwater, Florida, this
A.D. 1989.
,q-i- day of
oclo~
~
Attorney
of Clearwater, FL
,
'b r a. \ + - n 0+ {lL\, f {'O \J e. c~
,
ITEM #23 -Ordinance 4897-89 - Relatino to Florida Power Corporation franchise:
amending Section 8 of Ordinance 1091 to increase franchise fee from 5% to 6% with
certain credits during remainder of term of franchise.
The City Attorney presented Ordinance #4897-89 for second reading and read
it by title only. Commissioner Winner moved to pass and adopt Ordinance #4897-
89 on second and final reading. Motion was duly seconded. Upon roll call, the
vote was:
"Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey.
"Nays": None.
I hereby certify this to be an excerpt
of the draft of the 10/19/89 Clearwater
City Commission Meeting minutes. Witness
my hand and City seal this 20th day of
October, 1989.
(\. C""
'e. '.. /"
.A-, it c,--,--- - ~,-.. .
C*y Clerk
r'~ ",
- /~ .--cQ____
Book 42
1.1
10/19/89
'/' ,~
\
'(..... /";1.
~""1 t
. STATE OF FLORIDA :1
) ss.
COUNTY OF PINELLAS )
I
I, ~ 11~"h I c,- E. ~,...ou....~ c.?o.....u.... ci ty Clerk of the City of
Clearwater, do hereby certify that the above and foregoing
Ordinance No. 4897-89
was duly and legally passed and adopted by
the City of Clearwater, Florida, on the 19th day of October, A.D.
1989, and that all procedures for the adoption of said Ordinance
were followed:
All notice and posting requirements were duly and properly
performed.
(S E A L)
00
cit
~ 2- /-~~~_
Clerk of the city of Clearwater, FL
The above and foregoing Ordinance No. 4897-89
examined and the same is hereby approved.
has been duly
Dated at Clearwater, Florida, this
A.D. 1989.
day of 0 c.r/-af9-C/t...
Mayor of tlie
The above and foregoing Ordinance No. 4897-89 has been duly
examined by me and the same is hereby approved as to form and
legality.
Dated at Clearwater, Florida, this
A.D. 1989.
/q4- day
of
odo~
~
Attorney
of Clearwater, FL
~
~
CLEARWATER FRANCHISE
Based on 1988 Revenue FiRUres
Present Franchise:
$3t434t214.55
Proposed New Franchise:
$3t846t392.53
Estimated Additional Revenue Based on 12 months = $412t177.98
$3t846t392.53
'3t434t215.55
412t177.98 ..;.-12 Mo. = $34t348.17
X 10 Mo. =$343t481.70
Estimated additional revenue for 10 months = $343t481.70
With an effective date of November 1t we would apply the new franchise fee factor
with the bills we mail for November businesst starting with the Cycle 1 billst
which are scheduled to be mailed pn October 31st.
In order to meet this deadlinet the City needs to furnish Florida Power
Corporation on October 20t the following so we can personally deliver the package
to St. Petersburg General Office C~mplex on the same day.
l.
2.
3.
Original franchise ordinance with signatures (original - no copies) ~ ~~
City Clerk and Attorney's statement - ~ TL. ~ r:v
Copy of minutes detailing 1st an 2nd reahi~gs _.-~ .
~- -
L~,~
~
~
Florida
Power
CORPORATION
September 18, 1989
Ms. Kathy S. Rice
Assistant City Manager
City of Clearwater
P. O. Box 4748
Clearwater, FL 34616
Dear Kathy:
As you requested, I have attached a 10-month revenue projection for the
proposed new Clearwater Franchise. The information is based on 1988
revenue figures.
In order for us to start collecting the new franchise fee on November
billings and giving the City their first check under the new franchise in
December, the Commission would need to h~ve final approval of the ordinance
at their October 19th meeting. We need this time so we can allow our
programmers to make the necessary computer program changes.
I will be on vacation from October 9th through October 27th. Should you
have any questions during that time, please contact my Office Manager,
Ella Smith, at 443-2661. extension 4331.
Sincerely,
]
:/~
Karay
Distr'ct Manager
NGK/lrg
Attachment
xc: B. M. Baldwin
E. J. Smith
'R. R. David
,
EXCERPT OF 10/5/89 CLEARWATER
CITY COMMISSION MEETING
,
Commissioner Regulski moved to pass and adopt Resolution #89-53 and
authorize the appropriate officials to execute same. Motion was duly seconded.
Upon roll call the vote was:
"Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey.
"Nays": None.
ITEM #43 - First ReadinQ Ordinance #4897-89 Florida Power Franchise. amending
Section 8 of Ordinance No. 1091. (CM)
After discussion with the City Commission, the City requested Florida Power
to extend the rate of franchise payment similar to other cities. Specifically,
the City wished to obtain the concessions given to the City of St. Petersburg
in July which included a franchise fee equal to 6% and 6% of grantee's revenue
from grantor for public street lighting. After meeting with Florida Power, they
agreed to provide this to the City of Clearwater under the payment terms and
conditions without changing the terms and conditions of the rest of the
franchise. If this ordinance is adopted in October, the City should begin
receiving the additional income by December 1, 1989, and the estimated revenue
for 10 months will increase by approximately $350,000.
It was noted the thirty-year franchise agreement with Florida Power will
expire on July 6, 1996.
The City Attorney presented Ordinance #4897-89 for first reading and read
it by title only. Commissioner Winner moved to pass and adopt Ordinance #4897-
89 on first reading. Motion was duly seconded. Upon roll call, the vote was:
"Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey.
"Nays": None.
ITEM #44 - 1989/90 Town MeetinQs Dates and Locations. (CM)
Commission direction is to schedule four 1989-90 meetings. The following
dates and locations are recommended:
1. Memorial Civic Center
2. Martin Luther King Center
3. Morningside Recreation Center
4. Countryside Library
Tuesday, October 24, 1989
Tuesday, November 21, 1989
Tuesday, March 27, 1990
Tuesday, April 24, 1990
In keeping with past Commission direction, the proposed Town Meetings have
been scheduled to begin at 7:30 P.M.
Until the availability of the Memorial Civic Center has been checked, a
tentative date of October 23, 1989, has been scheduled. This date has since been
confirmed.
Book 42
14
10/5/89
I hereby certify that this is a true and
correct copy of the original as it
.:.ppears in the files of tl1~ City of
CI8:?Jvv'(ikr. Witness illY L:',i1~j all~
official seal of til.C Clly UI CICiJl"Vi3ler.
1'1' :b~d tOc-.:.i.,h 19~1
lIS~-a ay 0 -----~--_._- -- -.
__-td:l"-~t~~.k_,"-~,,~ I
f
r:
STATE OF FLORIDA ),
) . ss.
COUNTY OF PINELLAS )
I
I, ~1'1'--H\lc;"" E. ~""CJu..~(,2o....u.... city Clerk of the city of
Clearwater, do hereby certify that the above and foregoing
Ordinance No. 4897-89
was duly and legally passed and adopted by
the city of Clearwater, Florida, on the 19th day of October, A.D.
1989, and that all procedures for the adoption of said Ordinance
were followed:
All notice and posting requirements were duly and properly
performed.
(S E A L)
00
cit
'- [ /J~,-c(~_
Clerk of the City of Clearwater, FL
The above and foregoing Ordinance No. 4897-89
examined and the same is hereby approved.
has been duly
Dated at Clearwater, Florida, this
A.D. 1989.
day of Oc~o&~
The above and foregoing Ordinance No. 4897-89 has been duly
examined by me and the same is hereby approved as to form and
legality.
Dated at Clearwater, Florida, this
A.D. 1989.
/q-tl- day of
odo b.t..r
~
Attorney