O-52-111
- - .-......
'.
CITY OF CLERMONT, FLORIDA.
OIIDINANCE NO. / / /
-AN OIIDINANCE GRANTING TO FLORIDA POWER CORPORATION, ITS
LEGAL REPRESENTATIVES, SUCCESSORS AND ASSIGNS, THE RIGHT, AND
PRIVILEGE OF, AND FRANCHISE FOR CONSTRUCTING, MAINTAINING AND
OPERATING AN ELECTRIC POWER PLANT AND DISTRIBUTION SYSTEM IN THE
CITY OF CLERMONT, COUNTY OF LAKE, AND STATE OF FLORIDA..
BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF CLERHONT,
LAKE COUNTY, FLORIDA:
Section 1. That the said City of Clermont does hereby
give and grant unto Florida Power Corporation, a corporation organ-
ized 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 constructing, maintaining and operating
for a period of thirty (30) years, in the said City of Clermont, an
electric power plant, substation and distribution system, or other
lighting system for the purpose of lighting by electricity, the
streets or public squares of said City, and the dwellings, houses
and places of business of its inhabitants, and for the purpose
further of generating and distributing and/or transnitting electric
current for the purpose of light, power and heat, or any other pur-
pose for which electric~ty 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 and upon the squares,. stz;ets,
~
1-
avenues, alleys, wharves, viaducts, bridges, and/or other public'.
thoroughfares and parts of said City, as they nm, exist or may here-
after be constructed, opened, laid out or extended within the present
·f
limits of said City, or :within such territory as may hereafter be
added to it, all necessary poles, or other supports, conductors or
appliances for the poles or other means of conveyance 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 all necessary excavations in said squares, streets, avenues,
alleys or other thoroughfares and parts of said City; and the grantee
shall have the right, power and authority to fasten and to stretch
and lay along the lines of said poles or other means of conveyance,
all the wires or other mediums necessary for transmitting and con-
veying the electric current to be used in said business, together with
all the right and privileges necessary or convenient for the full
use or enjoyment thereof; including the right to trim, cut and keep
clear all trees and limbs along said lines that may in any way en-
danger the proper operation of the same; and the grantee shall have
the right, privilege and authority to construct, erect and maintain in
said City a power house, substation or central plant or plants, with
all the engines, boilers, dynamos, machines and devices, and appli-
ances that may be required for generating electricity, and for carry-
ing on the business aforesaid; provided that, in accomplishing the
purposes aforesaid, the streets of said City shall not be unreason-
ably obstructed, and work in connection therewith shall be done and
carried on in conformitY,with such reasonable rules and regulations
with reference thereto as may be adopted by the City Council of said
City for the protection of the public; and provided, further, that the
said grantee shall assume all liability for damage or personal injury
caused by its negligence in doing such work.
.
Section 3. The grantee agrees that the materials to be
used in the construction and maintenance of the system and the
-2-
·
electric service to be rendered thereby shall be in every respect
equal to the average of. ci ties and to1ffiS in this vicinity where
electricity is used, and agrees that in providing service under the
provisions of this franchise it ,dll give to the City of Clermont,
and its inhabitants, the same favorable consideration extended to
any other city or town in Florida of similar size served by the
grantee under like conditions.
Section 4. As a further consideration of this franchise,
said City of Clermont agrees not to engage in the business of dis-
tributing and selling electricity during the life of this franchise
or any extension thereof in competition with the grantee, its legal
representatives, successors and assigns.
Section 5. That the said grantee shall have the right and
privilege to enlarge such power plant as it may construct, increase
the number of poles, conveyances, or appliances, extend its wires,
lines or conveyances, and to generally develop or change its services
or methods to meet the growth and progress of said City, and to con-
form 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 Council of this said municipality.
t-
Section 6. It is covenanted and agreed by and between the
City of Clermont and Florida Power Corporation, a corporation, its
legal representatives, successors and assigns, that the municipality
has the right, at and after the expiration of this franchise,' to
purchase the distribution system, lines, conduits and other convey-
ances 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
-3-
..
property, real and personal, desired, which valuation shall be fixed
by arbitration, as may be provided by law, excepting from this re-
servation 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 herein.
Section 7. It is further covenanted and agreed that in
case said City of Clermont should elect not to purchase said distri-
bution system and property of the grantee, as hereinabove provided,
at the end of said period of thirty (30) years, said municipality
,1ill nevertheless renew or extend the franchise hereby granted for
such period of time and upon such terms as may be mutually agreed
upon between the parties at that time, and consistent with the laws
of the State of Florida.
Section 8. 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 corpora-
tion's standard published tariffs for domestic and commercial ser-
vice as now in effect or as subsequently prescribed or approved by
the Florida Railroad and Public Utilities Commission, or such other
governmental body as may be given jurisdiction of such matters in
the State of Florida.
,I
Section 9. As a further consideration for the granting of
this franchise, the said grantee shall, during the term of this fran-
chise, pay to the City of Clermont as a burden imposed by this ord-
inance and as one of the expressed conditions and considerations for
the franchise, rights and privileges granted and conferred by this
ordinance, 2% of the gross receipts from the sale of electric energy
in the City of Clermont for the first ten-year period of this fran-
chise, 3% for the second ten-year period, and 4% for the remainder
-4-
.
'.
':::f!!IM"(
~-
, . ,
of the term of this franchise, excepting therefrœn the revenues re-
ceived 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 show-
ing monthly gross receipts from the sale of electric energy within
the corporate limits of the City of Clermont, and shall make a state-
ment, in ,¡riting, showing such receipts for each semi-annual period
ending June 30th and December 31st of each and every year, and based
on such statements shall make payment to the City Tax Collector the
,-
'amount due.
Section 10. That this Ordinance shall become effective upon
the same being legally passed' and adopted by the City Council of the
City of Clermont, 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 Council and its subsequent approval as hereinbefore provided.
Passed first reading this /;,r~ay o~~~
Passed second reading thiS./7~"""day o~£/.N' ~
Passed third reading this /.sr day of~/.<.. 7
, A.D. 1952.
, A.D. 1952.
, A.D. 1952.
~
Æ
. ~ ,...
~~ ~ð~'~~C~ '
·:o~::o- ~~~'" .9~
..., ,....,. . ~~ @
",-:';"¡,..~,..-^,.~
- ,,~ Ó::>'~ ,~~4. s:~ ð'
" '~.~~ O:'v:J~:;"'--~
\
....
~(SEAL)
~
~-
-~
, .'~
,~ -- "'hU·At¥S'
; ;. .- '5'" ,; ,:,
~
, Æ'
/:
~. ;:
...
" '-,.J
?
~r/~
"
.,..,
. . . ..
.
.
STATE OF FLORIDA )
)
COUNTY OF LAIΠ) SS.
)
CITY OF CLERMONT )
I, ,q.¡e1. JõItN.rt:lN, City Clerk of the City
of Clermont, Florida, do hereby certify that the above and fore-
going ordinance was duly and legally passed and adopted by the
City Council of the City of Clermont, Florida, in regular -
session assembled, at which said session a quorum of the City
Council was present, and the said ordinance is hereby trans-
mitted to the Mayor for his approval.
.;"
""'~ ~,;~~'~
~ :~;~~'""'~~!''';:~ð~/=
.~"!:,// "'~61'."':'.'''''·~ ~L)
--.. . ...;. ~ . be, ~6t<,. ~-'!!r ___
';" ~~,., '~~.
~~, ~,
~- ~
.-<'
..,-
/'
.~
.,~
-.~~
--"'"
~ r;""" ,~
t"~':""'''''~~~ 'E"~
~¡.'~:';;~' '~
The above and foregoing ordinance has been duly examined and the
same is hereby approved.
Dated at Clermont, Florida, this /:!:.,,"''' day ofé7Z/,<... '"'ý
/
,
A.D. 1952.
fj , Af;d~L
~rof~h;_~ 77
City of Clermont, Floriaa
..
C;7/:S Cí"'/'
~
. STATE OF FLORIDA )
)
COUNTY OF LAKE ) 58.
)
CITr OF CLERMONT )
I. ~ ~...;;/QNN.sOA/ . City Clerk of the
City of Clemont. Florida. do hereby certity that I am the
custodian of the records of the City of Clermont. and that
certain Ordinance No. -c.L.!.., passed and adopted by the City
Council of the City of Clermont on....¿;¡z".<.. 7 / ,1952. de-
scribed ae follows.
"An Ordinance granting to Florida Power Corpora-
tion. its legal representati~s, successors and
assigns, the right and privilege of, and fran-
chise for constructing, maintaining and operat-
ing an electric power plant and distribution
system in the City of Clermont, County of Lake,
and State of Florida,"
vas posted or caused to be posted in accordance with the City
Charter, in three public places in the City of Clermont, to-wit:
at L/T7 /...,./'.-;>,( -<: . at ý6.5T OF'PI'C"F
and a~,.,.ÆN'.eÆ: ç~. Ó#"cu,£.:, all in the City of Clermont,
continuousq for a period of not less than one week since the
:;, ~ ~~!S~ge and adoption of said Ordinance.
~- ¿...,'.,'~~~
~·r .",'iI:,
I';.~,,;~' ~'l"~
........ ~ , 'ó"'''" . e
t_r'-..6~~:f~· ~
SJ~~~1',j ~ O~
,. , ^ . .(~ ~
c~~~ '"'
"-' ~-'
(SEAL)
~
~~
! .-."
·t 'erk of the
Cit òr Clemont, Florida
"';~,
,.~
... ~ ~
.,r-, " _~o~'
"f'" ^<,.~
,~ .' ~"!!r-~",.'='~"'..... \ ",\"
;t '!!"" ¡ ,: '~'"
. .
SWorn tEl and subscribed before me
this
dq of
,
~~'=. .
t:· '.
1952.
My aomillsion expires.
Notary Public