O-27-M
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MISC. ORDINANCES
ORDINANCE NUMBER 27-M
AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE
COUNTY, FLORIDA, GRANTING AN ELECTRICAL POWER FRANCHISE TO FLORIDA POWER
CORPORATION, ESTABLISHING THE TERMS AND CONDITIONS THEREOF, PROVIDING
AN EFFECTIVE DATE.
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The City of Clermont, Florida, hereby ordains:
Section 1. That for a period of 30 years, the City of Clermont
(herein sometimes referred to as Grantor) does hereby give and
grant to Florida Power Corporation, a corporation organized and
existing under the laws of the State of Florida, and to its legal
representatives, successors and assigns (herein called Grantee),
the right, privilege and franchise to construct, operate and
maintain in the said City of Clermont, all electric power facilities
required by the Grantee for the purpose of supplying electricity
to Grantor, its inhabitants and the places of business located}
within Grantor's boundaries. ~
Section 2. That with respect to the right, privilege and franchise
granted to Grantee in Section 1 above, said Grantee shall have
for a period of thirty (30) years the right, privilege, franchise,
power and authority to use the streets, avenues, alleys, easements,
wharves, bridges, public thoroughfares, public grounds and/or
other public places of Grantor as they now exist or may hereafter
be constructed, opened, laid out or extended beyond the present
geographical boundary lines of Grantor.
Section 3. The rates to be charged by the Grantee for electric
service rendered under this franchise shall be the Grantee's
standard public tariffs now in effect or as subsequently approved
by the Florida Public Service Commission or such other State
agency as may have proper jurisdiction under the general laws of
the State of Florida.
Section 4. That within thirty days after the first anniversary
of the effective date of this grant, and within thirty days after
each succeeding anniversary of the effective date of this grant.
the Grantee, its successors and assigns, shall pay to the Grantor
and its successors an amount which. added to the amo~nt of all
taxes, licenses, and other impositions levied or imposed by the
Grantor upon the Grantee's electric property, business or
operations, for the preceding tax year. will equal 6% of Grantee's
revenues from the sale of electrical energy to residential and
commerical customers within the corporate limits of the Grantor
for the twelve months preceding the applicable anniversary date.
Section 5. At and after the expiration of this franchise, Grantor
shall have the right to purchase the electric plant and facilities
of Grantee located within the corporate limits of Grantor which
as used under or in connection with this franchise or right, at
a valuation of the property desired, real and personal, which
valuation shall be fixed by arbitration as may be provided by
law. Excepted from this reservation are power plants 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 the Grantor herein. As a
condition precedent to the taking effect of this franchise grant,
Grantee shall give and grant to the Grantor the right to purchase
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MISC. ORDINANCES
ORDINANCE NUMBER 27-M
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herein so reserved. Grantee shall be deemed to have given and
granted such right of purchase and satisfied this condition
precedent by its acceptance of this franchise.
Section 6. That Grantor shall in no way be liable or responsible
for any accident or damage that may occur in the construction,
operation or maintenance by Grantee of its facilities hereunder,
and the acceptance of this ordinance shall be deemed an agreement
on the part of Grantee, to indp.mnify Grantor and hold it harmless -
against any and all 1iability,t.oss, cost, damage or expense,
which may accrue to Grantor by reason of the neglect, default,
or misconduct of Grantee in the construction, operation or maintenance
of its facilities hereunder.
Section 7. In the event of annexation of any territory to the
present corporate limits of Grantor, any and all portions of the
electric system of Grantee located in said annexed territory
shall be subject to all of the terms and conditions of this grant
as though it were an extension made hereunder.
Section 8. That all ordinances and parts of ordinances in conflict
herewith be and the same are hereby repealed.
Section 9. This ordinance shall take ëffect October 22, 1970,
which date shall be used in computing the 30 year period of this
franchise.
Passed first reading this 8th day of September, A. D. 1970.
Passed second reading this 22nd day of
Attest:
IÛßMP~J h. ¡;d/
C~erk
Councilmen