163262
ORDINANCE NO. 383 OF THE CITY OF CLEARWATER,FLA.
1 AN ORDINANCE ENTITLED "AN ORDINANCE GRANTING TO J.N. MaCLUNG ,
HIS ASSOCIATESO SUCCESSORS AND ASSIGNS, AS AN INDIVIDUAL, OR
INDIVIDUALS,OR AS A BODY CORPORATE Oh TO BECOME CORPORATE , A
FRANCHISEFOR THE PUhPOSE Or, FURNISHING HEAT, LIGHT AND POYM, BY
" MEANS OF ELECTRICITY WITHIN THE CITY OF CLEAR'NATER i FLOHIDA,AND
TO ITS INHABITANTS~ ,AND TO PRESCRIBE A MAXIMUM CHARGE FCR THE SIME ;
TO PROVIDE FOR THE CALLING AND HOLDING OF AN ELECTION TO RATIFY AND
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CONFIRM SAID FRANCHISE AND TO REPEAL ORDINANCE NO. 6A., ENTITLED
" AN ORDINANCE TO CONSTRUCT, MAINTAIN AND OPERATE ELECTRIC LIGHT i .
WORKS IN THE TOWN OF CLEARWATER , FLORIDA AND PUBLIC AND PRIVATE
LIaHTINp, SUBJECT TO THE PROVISIONS OF CHAPTER 4166, APPROVED JUNE 2ND,
1893, AND 5859 AND 5070 APPROVED MAY 31st. 1901 OF THE LAWS OF
FLORIDA "
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLE ARWATITi
FLORIDA:
Sec 1.- That J. N. McClung and his associates, successors
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and assigns, as and induvidual or individuals, or as a body
corporate or to become corporate, hereinafter called and designated
as the grantees, be and they are heraby given and granted the
franchise, privilege and concession of furnishing light, heat and
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power by means of electricity within the City-of Clearwater, and to
the inhabitants thereof, together with the right to use the streets
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avenues, alleys, squares, parks, bridges, viaducts or other public
' highways and grounds of said City as now laid out os as hereafter may r
'be extended or laid out, for the purpose of erecting and maintaining
an electric light, heat and power system by constructing, maintaining
and operating the necessary poles and suspending the wires thereon -,ti •.;r'
. .,it ,under and over the said streets, avenues, alleys, squares, € !1F
parka, .. i ..
bridges, viaducts or public grounds of the City of Clearwater, or any
extension or enlargement thereof gor the purpose of furnishing light,
heat and power within the city of Clearwater and to its inhabitants
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by means of electricity, or to do all things necessary or expedient
for the purpose of supplying within the said City of Clearwater
and to its inhabitants light, heat and power by means of electricity,
provided that the same shall not be in conflict with any of the terms
or provisions of this franchise, or with reasonable ordinances of
the City of Clearwater not in conflict with this franchise.
Provided further that no poles or overhead wires shall be
installed or permitted on Ft. Harrison Avenue betraeeh Jones Street
nor on Osceola Avenue between Jones Street and Haven Street
and Haven Street/, nor on Cleveland Street between East Avenue and
Clearwater Bay. And the said grantees, their associates, successors
or assigns shall, within three (3) years from the date this ordinance
becomes effective, remove all existing poles or wires owned or
controlled by them from such portions of Ft. Harrison Avenue,
Osceola Avenue and ClevelArid Street as above mentioned, and there-
after underground system only shall be used on such portions od said
streets and avenues.
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Section 2. The franchise, rights and privileges hereby
granted shall continue and be in force for the full statutory
period of thirty years from the dale this ordinance becomes effective.
Section 3. That the said grantees, their associates,
successors or assigns , shall furnish twenty-four hours of continuous
service each and every day to any person within the City of
Clearwater desiring the some, and a failure upon the part off said
grantees to furnish light, heat and power as herein provided, for my
cause within the control of said grantees, for a period of five (5)
days shall act as a forfeiture of this franchiseri at the option of
the City.
Section 4. All poles erected shall be substantial and at
t` least twenty feet inn height, and wires thereon shall be suspended
at least twenty feet above the ground, and said poles shall be placed
at such points as may be designated by the City authorities.
Section 5. That all contracts now ih'.existence between
the City of Clearwater and the said J. N. McClung for public
lighting be, and the some are hereby ratified and confirmed
and the said grantees shall perform and carry out sold contracts
.. , wader.: the. terms::aind conditions-,.thereor untill said contracts res " cti-
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'. vely expire; provided that said contracts for street lighting,
if renewdd, shall not exceed the present prices for lamps using the
4 some current consumption and of some efficiency. Provided further,
that the City shall be under no obligation to said grantees to renew
any of said contracts upon the expiration of same.
Section 6. That the grantees herein shall not charge
private consumers for electric current s price which shall exceed ten
cents (10V) per kilowatt hour with a minimum rate of $1.00 per month '
for each meter installed. Provided alson that if the City should at
any time desire to acquire or install a distributing system within
€ the City, that the grantees shrill furnish to the City such quenity of
{r{ current as may be desired by the City and to be distributed by it,
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and that the rate to be charged the City, for such current shall not
exceed the rate of three and one-half cents (3*) per kilowatt hour.
Section 7. The City of Clearwater hereby reserves the right
and the grantees herein are required as a condition precedent to the
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k taking effect of the grants and franchises herein, to give and grant
to the 6i.ty of Clearwater at any time the City Council shall so
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desire, the right to purchase the electric property used under and c
connection with the franchise or rights hereby granted, all such
portions of such property as the City of Clearwater may desire to
purchase, at the valuation of the property, real and personal,
desired , which valuation shall be fixed by arbitration as may be
provided by law.
Section 8 . As a further consideration for the granting
of this ftenchise the said grantees shall during the first ten year
period of this franchise pay to the City of Clearwater as a burden
imposed by this ordiiidnce cad as one of the express conditions and
considerations for the franchise, rights and privileges granted and
conferred by this ordinance, one percent .(1%')' of"°thj' gross receipts
from the sale of electric current in the City of Clearwater; two
percent(2%) of the gross receipts from the sale of electric current
during the second period of ten years and three pereent(3%) of the
said gross receipts'during the third period of ten years. The said
grantees 'shall be required to keep proper books of account shorn-,,
ing monthly..groea receipts from-flne_,'sale 'of electric current in the
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City of of Clearwater and shall make a statement in writing showing
such receipts for each semi-annual period ending June 30th and
December 31st of each and every year, signed and verified
by some official authorized to do so by the said grantees and shall
file siame with the City Clerk of Clearwater within fifteen days
after the expiration of each of said semi-annual periods during the
term for which this franchiee is granted, and at the time of filing
said statement shall make payment to the City Tax Collector of the am-
ount due, and shall submit to an examination by any of the proper City
authorities or an Auditor employed by the City, the said books of
account and of the receipts and vouchers showing the monthly gross
receipts from the sale of electric current in the City of Clearwater
during any of the said periods.
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Section 9 . Upon this ordinance becoming effective, as
provided by the charter of the City of Clearwater, Ordinance
No. 54 dated August 1, 1905, entitled ; - "AN ORDINANCE TO CONSTRUCT,
MAINTAIN AND OPERATE ELECTRIC LIGHT WORKS IN THE T017N OF
CLEARIVATER, FLORIDA , FOR PUBLIC AND PRIVATE LIGHTING , SUBJECT
TO THE PROVISIONS OF CHAPEER 41660 APPROVED JUNE 2, 1893AND
5859 AND 5070, APPROVED MAY 31, 1901, CF THE LAWS OF FLORIDA",
be and the same is hereby repealed.
Section 10. That said grantees shall re-pave or re-lqj
as promptly as possible all streets, lanes, alleys, side--walks,
squares and public places excavated, dug or disturbed by them in
placing poles or in laying underground wires or other fixtures
or in changing or removing them, or for any other purpose att6nding
such work, and they shall repair and restore such streets, lanes,
alleys, side-walks and public places to their former and safe condition
and with the wane quality and materials as was existing before the
.±! vrork commenced.
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Section 11. Should the said grantees neglect or refuse
to restore or repair whthout delay after notice, any streets, alleys,
lobes, squgres, side-walks or puplic places which may have been
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then the said City of Clearwater, or its authorized agent
excavated, dug or disturbed by them , their employes or sWento shall
have such repairs and restoration done, and the expense incident
thereto shall be paid by the said grantees.
Section 12 . That nothing herein contained shall be so cons-
trued as to render the sold City of Clearwater in anywise liable
to any- person, firm or corporation for damages sustained by reason
{ of any act of omission or commission of the said grantees, their
officers, agents or employes, in the execution or conduct of the work i`
hereinunder authorized, and that the said grantees shall at all times
indemnify and save harmless the said City of Clearwater against all
{ damages, judgements, decrees and costs which may arise or accvue to
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the said City from injury to persons or property brought about by the
carelessness or neglect iru:the execution or conduct of the work
' hereinunder authorized or in the disregard of the said grantees, J
their officers, agents or employes to comply with any ordinance,
rule or regulation relative to streets or side-walks or other
public places, now in force or hereafter enacted. And the said
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grantees shall ? will, well and truly, save said City harmless .
from any damages to the City or any person, firm or corporation
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resulting from any of its acts, doings or omissions.
And the stid grantees, their successors or assigns , shall pay to the c
City the amount of ?yjudgement recovered against the said City by j
reason of anything done or left undone by the said grantees, their `
successors or assigns, their officers, agents or employes, provided
said grantees, their successors or assigns, are notified to defend a
such suit against said City.
Section 13 The City reserves the right to change, alter '
or close any of the streets, alleys, lanes, public parks, squares.
or other public places when deemed necessary and for the beat {
interests of the City, and when any such change or alteration shall ?
^. be made by the City, then the said grantees shall be required to
remove their poles, fixtures, wires or other paraphernalia used
in connection with this franchise to such place or places as may be
designated by the City Council.
Section 14 The said grantees shall, at all. time comply
with all ressonslble ordiaanees, rules and regulations. enacted 'or '
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passed by the city Council not in conflict with the terms of this
franchise and the said grantees shall have the right to malte,
establish., maintab and enforce such reasonable regulations for the
operation of tts plant and distributing system as may be reasonably
necessary and proper, not inconsistent with the terms of this franchise
y and the ordinances of the City of Clearwater, and to protect themselves
from fraud and Iftosition and may, in their discretion, refuse to
furnish electric current and to cut off the supply from any customers
i who are in default of payment of a bill rendered for services under
the limitatMls•i herein imposed
Section 15. The said grantees as a part consideration of
the granting of this franchise, give and grant unto the City og
Clearwater the right to make attachments to any or all poles belong-
ing to or used by. the said grantees in the City of Clearwater for
the purpose of placing and maintaining a fire alarm system by
said City.
Section 16.. Upon the passage and approval of this ordinance
the Mayor of the City of Clearwater is authorized and directed to call
a special election of the qualified voters of the City of Clearwater
in accordance with Chapter 7137 of the Acts of 1915, Laws of Florida,
who are tax -payers therein , and to submit this ordinance to a vote
of such qualified electors , and this franchise shall not become
effective unless a majority of the voters voting at said special
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election in accordiance with the aforesaid law shall vote in favor
of granting such franchise; and this ordinance shall not become
effective, in whole or in part, unless the same be ratified and
approved at the election herein provided for. And provided further that
if this franchise shall be ratified and confirmed by a majority
vote of the voters voting at said special election, this franchise
shall not become effective, either wholly or in part, unless the said
grantees shall within thirty (30) days after the spid election `shall
have been held, file with the City Clerk their acceptance of the some
in writing, said acceptance tocontain an agreement to comply with the
terms of this franchise and all reasonable ordinances passed by the
City Council not in' conflict with the terms of said franchise and
agreement: to°.tiis, 'revocation of Ordinance No. 54; and provided
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further that the said grantees shall indemnify and pay the City all
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costs incurred by the City in drawing and passing this franchise
ordinance bnd of the special election to be hold in accordance ?
theravriI4 and the cost of advertising said ordinance as reguived by law.
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Section 17 That all ordinances or part ordinances in ,
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conflict with the provisions of this ordinance be , and the some
are hereby repepled,
Passed by the City Council of the City of Clearwater, on
this 28th day of December , A. D. 1915.
J R Thomas
President of the City Council
of the City of Clearwater. :
R T Daniel
City Clerk
Approved by me this 29th day of December A. D. 1915 :I
John R. Jefford8
Mayor of the City of Cleorwater
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