ELECTRIC (2)
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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,
DURING THE REMAINDER OF THE TERM OF THE FRANCHISE;
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 B of Ordinance No. 1091 is amended to read:
Section B. 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 1 imits of Qrantor. less an amount eQua 1 to one-twe lfth
(1/12) the amount of all taxes. licenses and other impositions levied or imposed
by Qrantor upon orantee's electric utility facilities and property'and orantee'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
mOl}th. in care of the City Finance Director. As a fLlrther condition for the
grant ing of th i s franch i se, the sa i d grantee sha 11, dur i ng the term of th i s
franchise, pay to the City of Clearwater as consideration for the granting of
this franchise, and the rights and privileges granted and conferred herein, Q.50%
of the gross rec~ from the sale of electric energy in the City of Clearwater-
for ,the first ten year period of this franchise, 1.75% for the second ten year
period and 5.00"6 for tlle-t-hird ten year period" excepting therefrom the revenues
received from energy delivered to an4 consumed by industrial power customers and
by the City ','Jhen Llsed for lffiH1icipa1~oses. The said grantee shall be required
to keep proper books of account shew4-flg month 1y gross receipts froRl the sa le of
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electric energy within the corporate limits of the City of Clearwater, and shall
make a statement, in writing, showing s~ch receipts for each semi ann~al period
ending J~ne 30th and December 31st of each and every year, and based on s~ch
statements shall make ~aymeRt to the City Tax Collector the amo~nt d~e.
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
i a Garvey
Mayor-Commissioner
Attest:
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~ I .'V 1\.7 ~_L_ "',r _ t!. -.... ~-' <-'-I..~r,(1.<../._.
CYPt~\i a E. Goudeau
City>.Clerk
Approved as to furm
and correctness:
M. A. Galbraith,
City Attorney
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ACCEPTED:
FLORIDA POWER CORPORATION,
on behalf of itself and its
successors a d'assigns (
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By:
Title:
Date:
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Attest:
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Sec~e ary
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