ORDINANCE NO. 1091
.:
.~-' .' '.,
~ ..
I
J
( (
(,-' ,'"
ORDINANCE NO. 1091
AN ORDINANCE OF THE CITY OF CLEAR WATER,
FLORIDA, GRANTING TO FLORIDA POWER CORPORATION.
ITS LEGAL REPRESENTATIVES. SUCCESSORS AND ASSIGNS.
THE RIGHT AND PRIVILEGE OF. AND FRANCHISE FOR.
CONSTRUCTING, MAL'l\l'TAINING AND OPERATING AN
ELECTRIC POWER PLANT AND DISTRIBUTION SYSTEM IN
THE CITY OF CLEARWATER, COUNTY OF PINELLAS,
AND STATE OF FLORIDA.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER. FLORIDA:
Section 1. That the said City of Clearwater does hereby give and
grant unto Florida Power Corporation, a corporation organized and existing
under the laws of the State of Florida, and to its legal representatives,
successors and assigns, the right and privilege of a franchise for con-
structing, maintaining and operating for a period of thirty (30) years, in
the said City of Clearwater, an electric power plant, substations, overhead
and underground transmission and distribution lines for the purpose of
lighting by electricity the streets, parks, public buildings and public places
of said City, and the dwellings, houses and places of business of its
inhabitants, and for the purpose fu:r:ther of generating and distributing
and/ or transmitting electric current for the purpose of light, power and heat,
or any other purpose for which electricity may be used.
Section 2. That the said grantee. shall have for a period of thirty
(30) years, the privilege, franchise, power, right and authority to lay, erect
and maintain in, under, along and upon the squares, streets, avenues, alleys,
wharves, viaducts, bridges, and/or other public thoroughfares, public grounds
and parts of said City, as they'now exist or may hereafter be constructed,
opened, laid out or extended within the present limits of said City, or within
such territory as may hereafter be added to it, all necessary poles, or other
supports, conductors, conduits, pipes and cables or other means of conveyance
and related facilities to be used in transmitting electric current for the purpose
of lighting, heat or power, or for such other purposes as electricity may be
used, and for this purpose the authority and right is hereby granted to make
-1-
.;
.~ "". i
I
I
all necessary excavations in said squares, streets, avenues, alleys,
-2-
....
... ;.-fl
l
I
Section 4. As a further consideration of this franchise, said City
of Clearwater ag1ees not to engage in the business of generating, trans-
mitting, distributing or selling electricity during the life of this franchis e
or any extension thereof in competition with the grantee, its legal representa-
ti ves, successors and as signs.
Section 5. That the said grantee shall have the right and privilege
to enlarge such electric system as it may construct, increase the number
of poles, conveyances, or appliances, extend its wires, lines, underground
cables or conveyances and to generally develop or change its services or
methods to meet the growth and progress of said City, and to conform to
the scientific and mechanical advancement and discovery of the age, and
that such work shall be done and carried on in conformity with such reasonable
rules and regulations with reference thereto as may be adopted by the City
Commission of this said municipality.
Section 6. It is covenanted and agreed by and between the City of
Clearwater and Florida Power Corporation, a corporation, its legal repre-
s entatives, successors and assigns, that the municipality has the right,
at and after the expiration of this franchise, to purchase the distribution
system, lines, supports, conduits, cables and other conveyances for distributing
said electric current, or property used under or in connection with the franchise
or right, or such part of such property as the City may desire to purchase,
which shall be located within the corporate limits of said City, at a valuation
of the property, real and personal, desired, which valuation shall be fixed
by arbitration, as may be provided by law, excepting from this reservation
other power plants erected outside the present corporate limits and high
tension transmission lines owned by the Corporation and connected with its
general system of distribution, and used for the purposes of serving
communities other than its grantor here.
-3-
..: ~
~
(
I
Section 7. The rates to be charged by the grantee herein, its legal
representatives, successors and assigns, for electric service to the said City
and its inhabitants, shall be the grantee's standard published tariffs now ln
effect or as subsequently prescribed or approved by the Florida Public
Service Commission, or such other State governmental body as may be given
jurisdiction of such matters by General Law in the State of Florida.
__ ..,"5 e cHon 8~
}\s.afurther conditiQn{or thegrantingoLthis francbise+
the 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, 4.50% of the gross
receipts from the sale of electric energy in the City of Clearwater for the
first ten-year period of this franchise, 4.75% for the second ten-year period
and 5. 00% for the third ten-year period, excepting therefrom the revenues
received from energy delivered to and consumed by industrial power customers
and by the City when used for municipal purposes. The said grantee shall
be required to 'keep proper books of account showing monthly gross receipts
from the sale of electric energy within the corporate limits of the City of
Clearwater, and shall make a statement, in writing, showing such receipts
for each s erni-annual period ending June 30th and December 31st of each
and every year, and based on such statements shall make payrr1ent to the
City Tax Collector the amount due.
Section 9. As a further condition Oi granting this franchise, it is
herein provided that in the annexation of any territory to the City of Clearwater,
any and all portions of the electric system of grantee located in, under,
along and upon the streets, alleys or public grounds of said annexed
\
territory shall be subj ~ct to all of the terms and conditions of this grant
as though it were an extension made hereunder.
-4-
. .
t,. .:...~,
I
,
Section 10. In the event that the grantee herein or its legal
representatives, successors or assigns shall violate any of the terms,
provisions or conditions of this grant or franchise, and shall continue to
violate such terms, provisions or conditions for a period of thirty (30)
days after notice in writing given by the City Commission to desist from
such violation, then the City Commission may declare a forfeiture of said
grant or franchise, ln the manner prescribed by the statutes of the State
of Florida.
If any action shall be instituted or prosecuted directly or indirectly
by the grantee or its legal representatives, succes sors or assigns of this
grant or franchise, or by its stockholders or creditors, to set aside or
have decla.red void any of the terms of this grant or franchise, the whole
of such grant or franchise may thereupon be declared forfeited and annulled
at the option of the City Commission, in the manner as above provided.
Section 11. The grantee shall, within ninety (90) days after the end.
of its fiscal year, when requested by resolution of the City Commission,
file wi'.:h the City a complete financial report of its operations in the City
of Clearwater for the preceding fiscal year as shown by the books and
records of the grantee, and such other information as the City Commission
may from time to time require. If the City Commission shall prescribe the
form for such reports, then the same shall be made in the form from time
to time prescribed. It shall be the duty of the grantee to furnish such
supplementary or special information conc~rning its operations in Clearwater
as the City Commis sion may from time to time demand. If at any time
the grantee fails to furnish the City with any report or information so requested
by the City, then any auditor or accountant regularly ernployed by the City
shall have full acces s tp all the books, records, and papers of the grantee
for the purpose of obtaining therefrom the information so requested by the
City, with the privilege of taking copies of the books and records of the
grantee or any part thereof. The provisions of this section shall not apply
to the operations of the Florida Power Corporation in other communities
not properly suburban to the City of Clearwater, except insofar as an
examination of the grantee.s books and records pe rtaining to other
-5-
";' .
.
.4 ......,.".., I I
communities may be necessary in order to secure the requested information
pertaining to the operations of the grantee in the City of Clearwater.
Section 12. This ordinance shall become effective upon the same
being legally passed and adopted by the City Commission of the City of
Clearwater, as is provided in its said charter; and it is further agreed that
the grantee named herein, Florida Power Corporation, accepts the franchise
as of the date of the passage and adoption by the City Commission.
PASSED ON FIRST READING June 20, 1966
PASSED ON SECOND READING July 5, 1966
PASSED ON THIRD AND FINAL
READING AND ADOPTED
AS AMENDED July 5, 1966
I sl Joe Turner
Mayor-Commissioner
Attest:
I sl R. G. Whitehead
City Clerk
-6-
't;. '""
\ ,"
'-
,
FLORIJA POWERGORPORATI~N
I
ST.PETERSBUHO 1, FU)RIDA
A.V. BENSON
VICE PRESIDENT
July lZ, .1966
Honorable Mayor and Commissioners
City of Clearwater
Clearwater, Florida
In .Re: Electric Franchise Granted by the City
of Clearwater to Florida Power Corporation
on July 5, 1966.
Gentlemen:
The WldersigIled Florida Power Corporation hereby
accepts the above mentioned franchise and each of the terms
thereof.
Kindly file this acceptance in the minute book of the
City of Clearwater so thatit may be a matter of record along
with the said Franchise Ordinance No. 1091.
Very truly yours,
Attest:
,~'P~~
Secretary
..
.'~-.,(SEAL)
avb:mt
..,...--
...
-c,
j
I
, I,