1952-07POWER CONTRACT
BETWEEN
FLORIDA POWER CORPORATIDN
AND
CITY OF CLERMONT, FLORIDA
THIS AGREEMENT, made and entered into thiS 30th day of June 1952,
between FLORIDA POWER CORPORATI0N, a corporation organized and
existing under the laws of the State of Florida, party of the first part, hereinafter called the "Company,"
and City of Clermont, a municipal corporation organized and existing
under the laws of the State of Florida, party of the second part, hereinafter
called the "Customer."
THIS AGREEMENT WITNESSETH:
I
That for and in consideration of the premises and mutual covenants and conditions to be performed
by the parties hereto, and the sum of One Dollar ($1.00) each to the other in hand paid, receipt of which
is hereby acknowledged, it is mutually covented and agreed that the Company will furnish electric
service of a type commercially known as 2400 120-240 volts, 1 and 3 phase, 60 cycles, alternating
current, to the Customer
for water pumping, overhead street lighting, traffic lights, city hall
and other miscellaneous requirements.
II
In consideration of the above agreement, the Customer, during the period of this agreement,
binds itself to utilize electric energy for all motive power and lighting required for the operation of
its water pumping, street lighting and other misc. requirements hereinbefore
recited, and agrees to buy of the Company all such electric energy and not to generate such energy
itself, or purchase it elsewhere, except as and when the Company is unable to furnish it, and to pay
to the Company for all electric energy used and consumed at the following rate, to-wit:
RATE PER MONTH:
3.0 cents per KWH for first 5, 000 KWH
2.0 cents " " " next 10,000 KWH
1.,5 cents " " " excess
KWH consumptions of all meters consolidated
and billed as one quantity.
OVERHEAD STREET LIGHTING:
Company wlll maintain existing street lighting systems, including lamp bulb
renewals. Lamp bulbs willfully and maliciously broken by unknown persons shall
be paid for by the Customer.
Adjustments:
Fuel: Energy charge shall be increased or decreased $0
per KWH for each 0 cents per
barrel, respectively, in price as established by published quotation of Bunker "C" fuel oil
f.o.b. refiners storage tanks at Port Tampa, Florida.
Tax: To above rate shall be added the applicable proportionate part of any taxes and assessments
imposed by any governmental authority in excess of those in effect January 1, 19xx, which
are assessed on the basis of meters or customers, or the price of or revenues from electric
energy or service sold, or the volume of energy generated or purchased for sale or sold.
Minimum Charge: Two Hundred Fifty ($250.00) Dollars per month.
LAMP LOCATIONS AND EXTENSIONS, Overhead Street LightinS (Present Type Fixtures)
Lamp locations sball be referred to as "Initial Lamp Locations" and marked as an
"Exhibit." Addition of lamp or lamps, or transfer of lamps from one location to
another, shall be made only on proper authorization of the Customer, provided
that additional lamps shall not be placed more than 400 feet apart. Transfer of
lamps from one location to another shall be at the expense of the Customer, and
shall be paid for upon the completion of such transfer.
(Number of units in operation March 1, 1952; 124 - 100 C.P. lamps)
Point of Delivery and Metering:
The electric energy supplied under this agreement shall be delivered
at the various outlets.
and said energy shall be measured by 2400 120-240 volt metering equipment to be furnished and installed
by the Company at said point. The registration of said metering equipment shall constitute the basis of
computation of bills for energy consumption.
Equipment Rental Charge:
It is hereby agreed that the Company will furnish to the Customer the necessary stepdown trans-
formers with protective equipment, required for its -- volt service consisting of --
-- , for a renta I charge of --
-- Dollars ($0) per year; said charge to be prorated and billed
.(Exisiting overhead street lighting system owned and maintained by Company
III
It is further covenanted and agreed:
1. That bills for electric energy shall be rendered monthly by the Company, and shall be due and
payable within ten days from date of bill; and it is further stipulated that in the event the Customer
fails to pay said bill, the Company shall have the right, at its option, to discontinue the delivery of
electric energy after ten days' written notice to the Customer.
2. That the Customer's connected lighting load shall not exceed 0 % of its total connected load.
3. That all electrical equipment, apparatus and appliances used by the Customer in connection
with the service supplied hereunder shall be subject to the approval of the Company, shall be kept in
efficient working condition, and shall be such as to cause no disturbance in the electric system of the
Company.
4. That the Company shall have the right to install protective apparatus so arranged as to discon-
nect the service to the Customer if the Company's capacity at any point where service is delivered is
exceeded.
5. That no change shall be made in the Customer's equipment, nor in the type, size, or total elec-
trical capacity of the devices connected with the service, nor shall the electric energy be used except
for such equipment, nor shall any other electrical service be introduced or permitted in connection
with such equipment without previous written notice to and the written consent of the Company.
6. That the Company will furnish and install meters and service appliances necessary to meter
and connect the service at the point of delivery.
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7. That all appliances furnished at the expense of the Company shall remain its property and
may be removed by it at any time after the termination of this agreement or the discontinuance of
service. All equipment, appurtenances and wiring furnished by the Customer shall be maintained
by the Customer and shall conform to the National Electric Code, to the rules and regulations of the
Company as set forth in booklet, entitled "Requirements for Electric Service," on file in the Company's
office, and to all regulations imposed by law.
8. That the Customer will, at its own risk and expense, furnish and install all necessary appurte-
nances for utilizing the energy to be supplied hereunder, such as transformers, switchboards, switches,
safety devices, wiring, etc., and said installation shall be of such character as will not introduce any dis-
turbances on the Company's lines, and the apparatus shall be selected and used so as to procure the high-
est practicable power factor and to balance the use of energy from the three phases as nearly as prac-
ticable.
9. That the Company will use reasonable diligence in providing regular and uninterrupted serv-
ice when it is required, but the Company will not be responsible for interrupted service which may occur
from time to time on account of damage to or failure of its lines and equipment, or necessary repairs
thereto, or if the service shall be defective or be interrupted or fail by reason of acts of God or providence,
or by the acts of persons or circumstances over which the Company has no control, or by any emergency
in which the Company may be compelled to act to prevent injury to life, persons or property, except
upon willful default of the Company, the Company shall not be liable for any loss or damage resulting
therefrom. If, due to any major damage to the customer's plant or equipment, the Customer shall not
be able to operate, or be unable to consume any electric energy, the minimum charge stipulated herein
shall be waived until the Customer shall have been able to return to its normal requirements.
10. That the Company shall have access to the premises of the Customer at all reasonable times
for the purpose of reading meters, inspecting, testing, installing, repairing or changing the Company's
apparatus, or for removing such apparatus from the premises of the Customer, either during or after
the termination of this agreement. The Company may suspend delivery of service at reasonable times
for the purpose of inspection or repairs, provided that such notice thereof shall be given as circum-
stances permit and require.
11. That the Company shall not be liable under this agreement for damages resulting from the
use or presence of electric current, conductors, wiring, apparatus or appliances on the Customer's prem-
ises. The Customer assumes full responsibility and shall pay all expenses required for the reception,
distribution and utilization of the electric energy at and from the point of delivery, and shall hold the
Company harmless against all damages to persons or property resulting from or in connection with
the electric current furnished hereunder.
12. That the Company shall have the right to terminate this agreement or suspend its service in
case the Customer fails to comply with or perform any of the terms or conditions of this agreement. If
for any such cause service shall be suspended;or, if through any act or negligence of the Customer, the
Company shall be prevented from supplying the service, there shall become due and payable monthly
to the Company in lieu of payments for such service during such suspension or discontinuance, as stip-
ulated damages and not as a penalty, the sum hereinbefore named as a Minimum Charge.
13. That the rates of charge, terms and conditions under which the aforesaid electric service is
furnished shall be subject to such changes as may be required by law or the rules, regulations or orders
of any Court, Commission or Governmental Agency having jurisdiction.
14. That this agreement shall bind and be for the benefit of the parties hereto and their respective
heirs, legal representatives, successors and assigns.
IV
It is further convenanted and agreed thl;tt thi s agreement shall become effective on the 3rd
day of July, 1952, or such reasonable time thereafter as the Company is able to
deliver and the eustomer able to receive the electric energy hereinabove mentioned, and shall be in
full force and effect for a period of five (5) years thereafter, and shall
continue automatically from year to year thereafter, and be in full force and effect until one of the
parties hereto notifies the other, in writing, of its intention to terminate this agreement, which notifi-
cation shall be given not less than sixty days prior to date of termination of any contract period. .
-3-
v
This agreement shall not be binding upon the Company until accepted by it through its proper
executive officer, and shall not be modified or affected by any promise, agreement or representation
by any officer, agent or employee of the Company unless confirmed in writing by a proper executive
officer of the Company before such acceptance.
IN WITNESS WHEREOF, the said parties have caused these presents to be signed and sealed in
their names the day and year first above written.
Signed, sealed and delivered
in the presence of:
FLORIDA POWER CORPORATION
By
Vice President
ATTEST
Assistant Secretary
Sworn to and subscribed before me this 30th day of June, 1952.
My commission expires:
Notary Public, State of Florida at large.
My Commission Expires December 26.1954.
Notary Public
Signed, sealed and delivered
in the presence of:
CITY OF CLERMONT
By
Mayor
Attest
City Clerk
Sworn to and subscribed bef~re me this 1st day of July, 1952
My commission expires:
August 22, 1955
Notary Public
-4~
Minutes of the City Council meeting
held on the 23rd day of December, 1952
In the City of Clermont, Fla
Councilman Meeker then stated that the Council had
considered the approval and adoption of certain power agreement da-
ted December 15, 1952, heretofore presented to the Council by a re-
presentative of the FLORIDA POWER CORPORATION with reference to the
furnishing of electric energy for water pumping, overhead street light-
ing, traffic lights, city hall and other miscellaneous requirements, nand
recommended that the agreement be approved and executed.
Thereupon, upon motion of Councilman Meeker, and
seconded by Councilman Geoge, the following resolution was
adopted.
Resolved, that the City of Clermont in reg adjourn session
assembled does hereby adopt, ratify and approve certain power agreement
dated December 15, 1952 providing for the furnishing of electric energy
for water pumping, street lighting includining pendant luminaire type
lighting system, and other miscellaneous requirements, as above described,
and the proper officers of the City be, and they are hereby authorized,
directed and instructed to execute said agreement in substantially the
form as presented to the City Council at this meeting.
(seal)
City Clerk of the
City of Clermont, Fla.
City of Clermont
Lake County
Florida
Resolved, that the City of Clermont, in
reg adjourn session assembled, does hereby adopt,
ratify and approve certain power agreement dated
December 15, 1952, providing for the furnishing of
electric energy for water pumping, street lighting,
including pendant luminair type lighting system,
and other miscellaneous requirements, and the proper
officers of the City be, and they are hereby author-
ized, directed and instructed to execute said agree-
ment in substantially the form as presented to the
City Council at this meeting.
State of Florida
County of Lake
City of Clermont
I, A.M. Johnson, City Clerk of the City of
Clermont, Florida, do hereby certify that the attached and foregoing
is a true and correct copy of a Resolution adopted by the
City Council of the City of Clermont, Florida, at a meeting held
on the 23rd day of December 1952, and the same
appears on records and in the minutes and office of the City Clerk
of the City of Clermont, Florida.
Witness my hand and official seal this 24th day of December, 1953
(Seal)
City Clerk of the
City of Clermont, Fla.
POWER CONTRACT
BETWEEN
FLORIDA POWER CORPORATIDN
AND
CITY OF CLERMONT. FLORIDA
(copy)
THIS AGREEMENT, made and entered into this 30th day of June 1952,
between FLORIDA POWER CORPORATION a corpo ation organized and
existing under the laws of the State of Florida, party of the first part, hereinafter called the "Company,"
and CITY OF CLERMONT, a municipal corporation organized and existing
under the laws of the State of Florida, party of the second part, hereinafter
called the "Customer."
THIS AGREEMENT WITNESSETH:
I
That for and in consideration of the premises and mutual covenants and conditions to be performed
by the parties hereto, and the sum of One Dollar ($1.00) each to the other in hand paid, receipt of which
is hereby acknowledged, it is mutually covenanted and agreed that the Company will furnish electric
service of a type commercially known as 2400 volts, single phase, 60 cycles, alternating
current, to the Customer
fo operation of ornamental post street lighting service
II
In consideration of the above agreement, the Customer, during the period of this agreement,
binds itself to utilize electric energy for all motive power and lighting required for the operation of
its ornamental post street lighting service hereinbefore
recited, and agrees to buy of the Company all such electric energy and not to generate such energy
itself, or purchase it elsewhere, except as and when the Company is unable to furnish it, and to pay
to the Company for all electric energy used and consumed at the following rate, to-wit:
RATE PER MONTH: (Schedule M-2) (All Night Operation)
$2.50 for each 2,500 Lumen (250 C.P.) Lamp
(Servioe shall be from 30 minutes after sunset until 30 minutes before sunrise)
The Company shall furnish electricity. labor and all other things nec-
essary for the proper operation am maintenance of said company-owned ornamental
post street lighting system. inclusive of lamp bulb and outer globe renewals,
except lamp bulbs and outer globes willfully and maliciously broken by unknown
persons, which shall be paid for by the Customer at cost price.
Adjustments:
Fuel: Energy charge shall be increased or decreased $ 0
per KWH for each 0 cents above $ 0 or below $ 0 per
barrel, respectively, in price as established by published quotation of Bunker "c" fuel oil
f.o.b. refiners' storage tanks at Port Tampa, Florida.
Tax: To above rate shall be added the applicable proportionate part of any taxes and assessments
imposed by any governmental authority in excess of those in effect January 1,.19 xx, which
are assessed on the basis of meters or customers, or the price of or revenues from electric
energy or service sold, or the volume of energy generated or purchased for sale or sold.
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Minimum Charge: One Hundred Twenty-Five (125.OO) Dollars per month.
LAMP LOCATIONS: (Ornamental Post Street Lighting Service)
Lamp locations shall be referred to as "Initial Lamp Locations" and marked as an
"Exhibit' '
Said ornamental post street lighting system consists of operation of 37 ornamental
posts equipped with 250 C.P. lamps (series system) and 13 omamental posts (Lake
Section) equipped with 250 C.P. (150-watt) lamps (multiple system).
Point of Delivery and Metering: (LAMP BASIS)
The electric energy supplied under this agreement shall be delivered
at the various lamp sockets
Equipment Rental Charge:
It is hereby agreed that the Company will furnish to the Customer the necessary stepdown trans-
formers with protective equipment, required for its xx volt service consisting of xx
for a rental charge of 0
Dollars ($0) per year; said charge to be prorated and billed
(Said street lighting system owned and maintained by the Company)
III
It is further covenanted and agreed:
1. That bills for electric energy shall be rendered monthly by the Company, and shall be due and
payable within ten days from date of bill; and it is further stipulated that in the event the Customer
fails to pay said bill, the Company shall have the right, at its option, to discontinue the delivery of
electric energy after ten days' written notice to the Customer.
2. That the Customer's connected lighting load shall not exceed -- % of its total connected load.
3. That all electrical equipment, apparatus and appliances used by the Customer in connection
with the service supplied hereunder shall be subject to the approval of the Company, shall be kept in
efficient working condition, and shall be such as to .cause no disturbance in the electric system of the
Company.
4. That the Company shall have the right to install protective apparatus so arranged as to discon-
nect the service to the Customer if the Company's capacity at any point where service is delivered is
exceeded.
5. That no change shall be made in the Customer's equipment, nor in the type, size, or total elec-
trical capacity of the devices connected with the service, nor shall the electric energy be used except
for such equipment, nor shall any other electrical service be introduced or permitted in connection
with such equipment without previous written notice to and the written consent of the Company.
6. That the Company will furnish and install meters and service appliances necessary to meter
and connect the service at the point of delivery.
-2-
7. That all appliances furnished at the expense of the Company shall remain its property and
may be removed by it at any time after the termination of this agreement or the discontinuance of
service. All equipment, appurtenances and wiring furnished by the Customer shall be maintained
by the Customer and shall conform to the National Electric Code, to the rules and regulations of the
Company as set forth in booklet, entitled "Requirements for Electric Service," on file in the Company's
office, and to all regulations imposed by law.
8. That the Customer will, at its own risk and expense, furnish and install all necessary appurte-
nances for utilizing the energy to be supplied hereunder, such as transformers, switchboards, switches,
safety devices, wiring, etc., and said installation shall be of such character as will not introduce any dis-
turbances on the Company's lines, and the apparatus shall be selected and used so as to procure the high-
est practicable power factor and to balance the use of energy from the three phases as nearly as prac-
ticable.
9. That the Company will use reasonable diligence in providing regular and uninterrupted serv-
ice when it is required, but the Company will not be responsible for interrupted service which may occur
from time to time on account of damage to or failure of its lines and equipment, or necessary repairs
thereto, or if the service shall be defective or be interrupted or fail by reason of acts of God or providence,
or by the acts of persons or circumstances over which the Company has no control, or by any emergency
in which the Company may be, compelled to act to prevent injury to life, persons or property, except
upon willful default of the Company, the Company shall not be liable for any loss or damage resulting
therefrom. If, due to any major damage to the customer's plant or equipment, the Customer shall not
be able to operate, or be unable to consume any electric energy, the minimum charge stipulated herein
shall be waived until the Customer shall have been able to return to its normal requirements.
10. That the Company shall have access to the premises of the Customer at all reasonable times
for the purpose of reading meters, inspecting, testing, installing, repairing or changing the Company's
apparatus, or for removing such apparatus from the premises of the Customer, either during or after
the termination of this agreement. The Company may suspend delivery of service at reasonable times
for the purpose of inspection or repairs, provided that such notice thereof shall be given as circum.
stances permit and require. '
11. That the Company shall not be liable under this agreement for damages resulting from the
use or presence of electric current, conductors, wiring, apparatus or appliances on the Customer's pI;em-
ises. The Customer assumes full responsibility and shall pay all expenses required for the reception,
distribution and utilization of the electric energy at and from the point of delivery, and shall hold the
Company harmless against all damages to persons or property resulting from or in connection with
the electric current furnished hereunder.
12. That the Company shall have the right to terminate this agreement or suspend its service in
case the Customer fails to comply with or perform any of the terms or conditions of this agreement. If
for any such cause service shall be suspended, or, if through any act or negligence of the Customer, the
Company shall be prevented from supplying the service, there shall become due and payable monthly
to the Company in lieu of payments for such service during such suspension or discontinuance, as stip-
ulated damages and not as a penalty, the sum hereinbefore named as a Minimum Charge.
13. That the rates of charge, terms and conditions under which the aforesaid electric service is
furnished shall be subject to such changes as may be required by law or the rules, regulations or orders
of any Court, Commission or Governmental Agency having jurisdiction.
14. That this agreement shall bind and be for the benefit of the parties hereto and their respective
heirs, legal representatives, successors and assigns.
IV
It is further convenanted and agreed that this agreement shall become effective on the 1st
day of July, 1952, or such reasonable time thereafter as the Company is able to
deliver and the Customer able to receive the electric energy hereinabove mentioned, and shall be in '
full force and effectfor a period of five (5) years thereafter, and shall
continue automatically from year to year thereafter; and be in full force and effect until one of the
parties hereto notifies the other, in writing, of its intention to terminate this agreement, which notifi.
cation shall be given not less than sixty days prior to date of termination of any contract period.
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v
This agreement shall not be binding upon the Company until accepted by it through its proper
executive officer, and shall not be modified or affected by any promise, agreement or representation
by any officer, agent or employee of the Company unless confirmed in writing by a proper executive
officer of the Company before such acceptance.
IN WITNESS WHEREOF, the said parties have caused these presents to be signed and sealed in
their names the day and yea~ first above written.
Signed, sealed and delivered
in the presence of
Florida Power Corporation
By Vice President
Attenst
Assistant Secretary
Sworn to and subscribed before me this 30th day of June, 1952.
My commission expires:
Notary Public, State of Florida at large.
My Commission Expires December 26, 1954.
Notary Public
Signed, sealed and delivered
in the presence of:
City of Clermont
by: Mayor
Attest City Clerk
Sworn to and subscribed before me this 1st day of July, 1952
My commission expires:
August 22, 1955
Notary Public
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Florida Power Corporation
July 1st 1952
City of Clermont, Florida
Ordinance No. 111
An ordinance granting to Florida Power Corporation, its
legal representatives, successors and assigns, the right, and
privilege of, and franchise for constructing, maintaining and
operating and 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 Clermont,
Lake County, Florida:
Section 1. That the said City of Clermont does hereby
give and grant unto Florida Power Corporation, a corporation organ-
zed and existing under the laws of the State of Florida, and to
its lega 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 transmitting electric
current for the purpose of light, power and heat, or any other pur-
pose for which electricity 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, streets,
avenues, alleys, wharves, viaducts, bridges, and/or other public
thoroughfares and parts of said City, as they now exist or may here-
after be constructed, opened, laid out or extended within the present
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 cities and towns in this vicinity where
electricity is used, and agrees that in providing service under the
provisions of this franchise it will give to the City of Clemont,
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 consideratiun 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,. 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 advancment and discovery of the
age, and that such work shall be done and carried on in conformity
with such reasonable ruies and regulations with reference thereto
as may be adopted by the City Council of this said mUnicipality.
Section 6. It is covenanted arid 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
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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 or 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 nurchase said distri-
butioh system and property of the grantee, as hereinabove provided,
at the end of said period of thirty (30) years, said municipality
will 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.
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 e:xpressed 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 Clemont for the first ten-year period of this fran-
chise, 3% for the second ten-year period, and 4% for the remainder
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of the term of this franchise, excepting therefrom 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 writing, 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 tile
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 reacting this 17th day of June, AD 1952
Passed second reading this 17th day of June, AD 1952
Passed third reading this 17th day of June, AD 1952
City Council
(SEAL)
Attest:
City Clerk
STATE OF FLORIDA
COUNTY OF LAKE
CIlY OF CLERMONT
I, A. M. Johnson, 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 Clemont, 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.
Seal
The above and foregoing ordinance has been duly examined and the
same is hereby approved.
Dated at Clermont, Florida, this 1st day of July
A.D. 1952.
Mayor of the
City of Clermont, Florida
STATE OF FLORIDA
COUNTY OF LAKE
CITY OF CLERMONT
I A. M. Johnson, City Clerk of the
City ot Clermont, Florida, do hereby certify that I am the
custodian of the records of the City of Clermont, and that
certain Ordinance No. 111 passed and adopted by the City
Council of the City of Clermont on July 1, 1952 de-
scribed as follows:
"An Ordinanoe granting to Florida Power Corporation, its legal representatives, sucessors 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 o f Clermont, County of Lake,.
and State of Florida.
was posted or caused to be posted in accordance with the City
Charter, in three public places in the City of Clermont, to-wit:
at City Hall, at Post Office
and at Florida Power Corporation Office, all in the City of Clermont,
continuously for a period of not less than one week since the
passage and adoption of said Ordinance.
(SEAL)
City Clerk of the
City of Clermont, Florida
SWorn to and subscribed before me this
day of
, 1952.
My Commission expires
Notary Public
CITY OF CLERMONT, FIDRIDA
Excerpt from Minutes of the City Council Meeting
June 17 , 1952
The City Council of the City of Clermont, Florida, met
in regular session on June 17 1952, at 7:30 0' clock PM,
and was called to order by President of the City Council. On roll
call, the following members of the Council were present: George
Meeker, Ferguson, Winston and Cork ;absent:none
Representatives of Florida Power Corporation were present
to discuss the matter of adoption and passage of a franchise ordin-
ance. The City Clerk presented to the meeting the following ordin-
ance, which was marked No. 111 entitled:
"An Ordinance granting to Florida Power Corporation,
its legal representatives, successors and assigns,
the right, and privilege of, and franchise for con-
structing, maintaining and operating an electric
power plant and distribution system in the City of
Clermont, County of Lake, and State of Florida."
Upon motion by Councilman Meeker, seconded by
Councilman Ferguson, that Ordinance No. 111 be placed
on its first reading and read in full, motion adopted.
Ordinance was read in full.
Upon motion by Councilman Meeker, seconded by
Councilman Ferguson, that Ordinance No. 111 be be passed on
first reading, on roll call the following Councilmen voted yes:
Ferguson. Meeker, Winston, George and Cork; vo ted
nay: none
Upon motion by Councilman Winston, seconded by
Councilman George, that Ordinance No. 111 be placed
on its second reading, that the rules be waived and said ordinance
be read by title only, motion adopted. Said ordinance was placed on
second reading and read by title.
On motion by Councilman George, seconded by
Councilman Winston, that Ordinance No. 111 be passed on
second reading, on roll call the following Councilmen voted yes:
Winson, Ferguson, Meeker George and Cork; voted
nay: none.
In accordance with the charter provisions, the said ordinance
was carried over to the next regular meeting or at such special meeting
as may be called by the City Council for further consideration.
Excerpt from Minutes of City Council Meeting
July 1. 1952
The City Council of the City of Clermont, Florida, met in
Regular session on July 1, 1952 at 7: 30 o'clock P. M.,
and was called to order by the President of the City Council. Upon roll
call, the following Councilmen were present: Winston, Meeker
Ferguson, Cork and George; absent: none
Pursuant to action taken by the Council at regular
meeting on June 17, 1952, the City Clerk offered the following Ordin-
ance No. 111 entitled:
An Ordinance granting to Florida Power Corporation,
its legal representatives, successors and assigns,
the right, and privilege of, and franchise for con-
structing, maintaining and operating an electric
power plant and distribution system in the City of
Clermont, County of Lake, and State of Florida."
Upon motion by Councilman Winston, seconded by
Councilman Meeker, that Ordinance No. 111 be placed on
third and final reading, motion adopted/
The said ordinance was read
in full.
.-2-
On motion by Councilman Ferguson, seconded by
Councilman George, that the ordinance be adopted, on roll
call the following Councilmen voted yes: George. Ferguson,
Winston, Meeker and Cork; voted nay: none
Whereupon said ordinance was declared passed and adopted by
the City Council, ordered executed by the members of the City Council
and approved by the Mayor.
Councilman Ferguson then stated that the Council
had considered the approval of certain agreements heretofore presented
to the City Council by representatives of Florida Power Corporation
with reference to purchase of electric energy for street lighting,
water pumping and miscellaneous service, and recommended that said
agreement be accepted and executed. Thereupon, upon motion of
Councilman Ferguson, seconded by Councilman Meeker
that the following resolution be adopted:
"RESOLVED, That the City Council of the City of
Clermont, Florida, in regular session assembled,
does hereby adopt, ratify and approve certain agree-
ments to be executed between the City of Clermont
and Florida Power Corporation for the purchase of
electric energy from said corporation by said City
of Clermont for street lighting, water pumping and
miscellaneous service, and the proper officers of
the City are hereby authorized and directed to ex-
ecute said agreement in substantially the form as
presented to the City Council at this meeting,"
upon roll call the following Councilmen voted yes: Meeker,
George, Winston. Ferguson and Cork; voted nay: none
STATE OF FLORIDA )
COUN'IY OF LAKE ) SS
CITY OF CLERMONT )
I, A. M. Jolnson, City Clerk of the
City of Clermont, do hereby certify that the attached and fore-
going is a true and correct copy of excerpts from minutes of
the meetings of the City Council of the City of Clermont,
Florida, held on the 17 day of June, 1952, and
on the 1day of July, 1952, as the same appears
of record and in the files and office of the City Clerk of the
City of Clermont, Florida.
WITNESS my hand and official seal this : 21st
day of October, 1952.
(SEAL)
City Clerk of the
City of Clermont, Florida