ELECTRIC
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ORDINANCE NO. 1091
Cny"EtEH1~
AN OIlDI:'-l'.l".NCE OF THE CITY OF CLE~\RWATER,
FLORID}\, GRANTING TO FL01UDA POV/EH. CORPORA TION,
ITS I.~-;GAL REPRESENTATIVES, SUCCESSORS AND ASSIGNS,
THE RIGHT AND PRIVILEGE OF, AND FR1\NCHISE FOR,
'CONSTRUCTING, IvL--\INTAINlNG AND OPERATING AN
ELECTIUC POWER PLANT AND DJSTRIB U'r'ION SYSTEiv1 IN
THE CITY OF CLEARWATER, COUNTY OF PINELLAS,
AND STATE OF FLOlUDA.
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BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. That the said City of Clcarvlater does hereby give and
grant unto Florida Power Corporation, a corpora.tion organi:i~ed and exiBting
under the laws of the State of Florida, and to its legal representatives;
success ors and as signs, the right and privilege of a franchis e for con-
structing, maintaining and operating for a period of thirty (30) years, in
, the said City of Clearwater, an clect~'ic power plant, substations, overhead
and unc1ergl'ound transmis sion and distribution lines for the purpos e of
lighting by electricity the streets, parks, public buildings and public places
of said City, and the dwellings, hous es and ph ces of busines s of its
inhabitants, and for the purpose flu:ther of generating and di5tributing
, and/ or transmitting electric current for the purpos\:: of light, power and heat,
or any other purpose for which ej.ectricity rnay be used,
Section 2.
That the said g:::antee. shan have for a period of thirty
{30} years, the privilege, franchise, power, right a;1cl authority to lay, erect
an.d rnaintain in, under, along and upon the squares,' streets, avenues, alleys,
wharves, viaducts, bridges, and/or other public thoroughfares, public gro'unds
and parts of said City, as they now exist or rnay hereafter be constructed,
opened, laid out or extended within the present linlits of said City, or within
such territory as may hereafter be added to it, all necessary poles, or other
S\lpports, conductors, conduits, pipes and cables or other means of conveyance
and related facilities to be used in transmitting electric current for the purpose
of lirJh'ino' heat or power or for such other purJ.T)oses as electricity lnay. be
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used, and for this purpose the authority and. right is hereby granted to make
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all necessary excavations in said squares. streets, avenues. alleys.
thoroughfares. public ground::; and other parts of said City; and the grantee
shall h,l.ve the right. power and authodty to fa'sten and to stretch and lay along
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the lines of said po~e5. conduits. pipes and cables or other means of con-
veyance aU the wires or other mediums neccs sary for translnitting and
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conv,..;ying the elec~ric current to be used in said business. togcthe l' with
all the right and privileges necessary or convenient for the full use or
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enjoyment thereof; including the right to trim, cut and keep clear all trees
and limbs along saiq. lines that may in any way endanger the proper operation
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of the sarne; and tb~ grantee shall have the right. privilege and authority
to construct. erect. operate and maintain in said City an electric syst.em
consisting of central plant or plants. with all the engines. boilers. dynamos.
lnachines and devices. and appliances that m,ay be required for generating
electricity. together with necessary substations. lines and related facilities
and for carrying On the busines s aforesaid; provided that. in accomplishing
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the purposes af~l'esaicl. the streets of said City shall not be unreasonably
ol-structed. and work in connection therewith shall be done and carried on in
c(O'nfol'mity with such reasonable rules and regulation.s with reference thereto
as lnay be adopted by the City Commission of said City for the protection of
th ~ public, and provided. further. that the said grantee shall indemnify.
hold harmless and defend grantor against any and all claims and damages
to any per,son or persons. or property of any person or persons. resulting
from any n'cgHgent act or conduct on the part of said grantee.,
Section 3. The grantee agrees that the materials to be used in the
construction. o'peration and maintenance of the electric system and the
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service to be rendered thereby shall be in every respect equal to the average of
cities and towns in this vicirity where electricity is used. and agrees that in
providing servl~e under the provisions of this franchise. it will give to the
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City of Clcar~,'~ter, and its inhabitants. the sarn,e favorable consideration
extended to an.y other city 01' town in. Florida. of similar size served by the.
grantee under like conditions, including tbe I'll. to of franchis c ta,x payments.
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Secti\)n 4. As a further consideration of this franchisc, said City
of Clearwater agrees not to cngage in t.h.e husiness of generating, trans-
mitting, distributing or selling electricity during the life of this franchise
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or any extension thereof in competition with the grantee, its legal represcnta-
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tives,; successors and assigns.
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S'ection 5. That the said grantee shall have the right and privilege
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to enlarge such electric system as it may construct, increase the number
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of po~es, conveyances, or appliances, extend its wires, lines, underground
cablel or conveyances and to generally develop or change its services or
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methdds 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 t~ereto 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, success ors and asdgns, that the municipality has the right,
at and after the expiration of t}-,is 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 I excepting from this reservation'
other power plants erected ou.tside 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.
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Section 7'.
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The rates to be chal'g~d by the grantee herein, its legal
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rep..'escntatives, successors and assign's, for electric service to the said City
and its inhabitants ,_s~1al1 be the grantee's standard published tariffs ~ow in
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effect or as subsequently prescribed or aPI)l'oved by the Florida Public
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Service Comn1.ission, or such other State governmental body ,as may be given
jurisdiction of such matters by General Law in the State of Florida.
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Sectior.. 8. As a further condition for the granting Of this franchise,
the said grantee shall, during the t~rm of this franchisc~' pay to the City
of Clearwater as ~~:m1:lideration for tl1e granting of this fr~nchise, and the
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rights and privileges granted and conferred herein, 4. 5C1~ of the gross
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receipts fror:l tbe sale, of electric energy in the City of Clearwater fOl' the
first ter.-year period of this frand',ise, t1:. 75% for the .second ten-year period
and 5.00% for th.e tbird ten-year period, exce}'J'.:ing tne:::-efrom the revenues
rece:ved l:::-om energy delivered to and cO;lsumed by ind.ustrial power custoD1.CrS
and by tDe City when us ed for mu..."'1.icipal purpos es. The said grantee shall
be required to keep proper bo )ks of account showing rnonthly gross receipts
from the sale of ~le~tric ener?y within the cOl'porate limits of the City of
Clearwatel', and shall make a statement, in writing, s~?wing such receipts
for each se:r1'1i-annual period ET.ding June 30th and. December 31st of each
and every year, and based on SUd1 statements shall make pay:.:nent to the
City Tax Collector the a:nou:,.~ d.ue.
Se~tion 9. As a fur~hel' cona.ition of granting this franchise, it is
herein provided that in the a:.:....nexation 01 c...~....y territory to the City of Clearwater,
any and all portions of the elect:;:ic systerr. of grantee located in, und.er,
along and upon the streets, alleys or public groi.:nds of said annexed
territory shall be subject to all of the terms a~d conditions of this grant
as though it were an extension n"ladc hel'cuna.e;.'.
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~~r,'\nk\: Lc~'('in 01' ilS l('L~;d
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l't prc!;,'nt'llivc:., ~UI:Cl'~,,0r.; (I:' .l:.ti\gn:\ :,i1.l11 v~\";atl' ""'I)' oi lhl. ll~rn1t:.,
p"(lw:iol\:i 01' c\',nc.!ili":':l:; ()f thili {.:r;IIIIIH t'I','I"I.'hili", ..::u /:ijl~dl continlle to
....:.c.l:\k sHch tern):" pt'ovisi""l: ul' ('()llt!;:i\'n~, It.!' <\ lH':l'i(1l.i of thirty (~~(ji
clays il{tcr notic(' In wriling ::ivcn Ly th~ Ci:y Comrl\i~fjivn tv dL'sist from
such vhjla tion. tilen thc C i lY Comm i:';;:;1ol1 In;, Y de c LHC a f 0 dcitll re of bil ill
gra:1l or t':'-i.1nc:hisc, in the mann~J' p\"(.~gcl'ii..>cd by lhl~ ctatulcH of the State
of Flol'iuil,
Ii ;~I:Y actio:l l'ihall be irlstit\~t<:d or 111'Ol.:l'cuted directly or indircctly
by ~l~~ gr<Lnlc~ or its 10;;<11 l'c;presentativl.:s. successors or .1.ssigns of this
r. l' .1. n tor !::: a.:1 chi;3 C, 0 r by it l:) ~ to.: k h 0 1 J l.: r 5 0 l' ere d i to rl'i, to S (; 1 d sid c n r
Jla vc uc cla red void. any of the te rm s of tll j:; g1'a:-l~ 01' fra nchis e, the whole
of such gl';lr.t or fl'anchlSe rnay thercupon ~n declared iorft:itcd and u:1nulled
at the opt\oa of the City Commissior.. in the ::1,.LOner at> above ~))"ovicled.
Sectio:1 11. The gr...ntce ~;hall, w~thin ninety (SiO) days aftcr t.lH' ~n<.l
of its fiscal year, wh~n requcstccl by r<:'svlution of thl' City Commist;ion,
file with the Ci~y a complete iinal~ci<\l rcport of i~') 0,?c;r.1.tio.1S in the Clty
of Clcarw....te~. [or the prl::ceciing (i:='ciLl yea.r as sbow:-:.by till.: boo1,s il:1d
records of the g......nt~e. a;:.d sl..:ch other ini'o..-matior. as the City Comm.is.:>iGr.
may f:-o:n time to tirr.e :require. Ii the City Commission shall Pl'cscrii..>e the
form for ~uch r~po:"i.Z, the~1 the ~<11':.1e ~h....ll be :ilacie 10 th0 form i::,'om ti:l'.c
to time l)l"€;sc'l'ibcd, It tihall be the duty of tl~c g::;:Jntee: to f\lrl\i~h l--\1ch
su?:)lcmt:ntary 0:- ~pecia1 informa:.ion conc(;rning its opc:.-~ti0ns :n Cl,~a~'wa~cr
as t:-.e City Co:n,:nission may iro:n ti::;e to time clcm<!.nc. Ii <:..t "'-l':.Y .i:l.ie
ti,c g:-antc<: 1ai1:-; to furnish the C:ity with a;:.y repoi"t 0:' informatini1. ::;0 l'cl.iucst.:::Ll
by t:.e City. t:,\en c:..ny a~.dl:o..' o. cLccount:.ln~ r~gd?l'ly c~nplvyed by the City
::::0....11 have i\il1 ....ccess tc all t1:.' cookti. 1'ecorc.$. ~nd par-cl',,> oi t.he ~ra.lt\'~~
fo:- to<: ?Ur?()~(; 0: ()btci.ining "':lerdrom thc inforn,~tion sn rcquestcu by the
City. wit;) t:~e p"':vilcgc of t...king copie:; of the l:00~('6 and l'e'::0~'ds o{ the
g:antel.: c:- don)' part. tht.;n~of. Th(~ p:-ovisiol1fl of this ~t'c.li\jn s1:all not. ap?ly
~o tr.c ');:.'~r~"tion::; of the Florida Po.......€: r Corpol'<\.r.ion i:: ot:-.(~r. con1n-:.unit~c$
not lJrO?<..:rly suburban to the CitY" of Clcanvato..:r. exc0.l1t ir:.~~ofd:' :J.S :"\.l')
examin:..tion of th~ grant~el~ books and reccrdH pertaminl; to other
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comn1unities n,ay be necesstl ry in ordl~I to secure the requested in(ormati0n
pertaining to the opcration8 of the grtlntee in th(~ Clt)' of ClfOarWnTcr.
Section 12, Thi~ ordina.nce shall become effective upon the Hamc
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being legally paBscd and adopted by the City Cornmisfdon of the City of
Cl~a.rwater, i\B is pro,vid<,'d in its !laid cll<\rtcr; ;IIH1 it iH fllrtl1'..~r agreed that
i the grantee ntllncd herein, Florida Power Corporation, ~lcccpt!-l the franc:hil:le
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i aft of thE' date- ('If th~ paRfH\ge <<nu adoption by the City CommiRsion.
PASSED ON FIRST REJ\DING June 20, 1966
PASSED ON SECOND READING Julv 5, 196b
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PASSED ON THIRD AND FINAL
READING AND ADOPTED
~S AMENDED July'>, 1966
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ORD.H1091
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