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HomeMy WebLinkAbout1987-0124b 0 BE IT RESOLVED by the Board of Indian River County, O Florida, as follows: Section 1. That there is hereby granted to the City Vof Vero Beach, Florida (herein\ called "Grantee"), its successors and assigns, the sole and exclu\ve right, privilege or franchise to construct, maintain, and operate, an electric system in, tinder, upon, over and across the present\ and future streets, alleys, bridges, easements and other public places throughout certain unincorporated areas of Indian River County, Florida, (herein called the "Grantor"), as such Franchise limits are or may be defined in the Service Territory Agreement between the City of Vero Reach, Florida and Florida Power and Light Company, and its successors, in accordance with established practices with respect to electric system construction and maintenance, for a period of thirty (30) years from the date of acceptance hereof. Such electric system shall consist of electric facilities (including poles, fixtures, conduits, wires, meters, cable, etc., and, for electric system use, telephone lines) for the purpose of supplying electricity to Grantor, and its successors, the inhabitants thereof, and persons and corporations beyond the limits thereof. Section 2. Upon acceptance of this franchise, Grantee agrees to provide such areas with electric service. All. of the electric facilities of the Grantee shall be constructed, maintained and operated in accordance with the applicable regulations of the Federal Government and the State of Florida and the quantity and quality of electric service delivered and sold shall at all times be and remain not inferior to the applicable standards for such service and other applicable rules, -1- -.J CO N CT1 �D A' n co -n �c N N 0 O tD CO CD l.D 01 IRC E F (12/05/86) RESOLUTION 87-12 . RECORD VERIFIED JEFFREY K. BARTON CLE9K CIPCI PT r(11InT ( A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, GRANTING TO THE CITY OF VERO BEACH, FLORIDA, ITS SRCCESSORS AND ASSIGNS, AN ELECTRIC FRANCAISE IN CERTAIN UNINCORPORATED AREAS OF INDIAN RIVER COUNTY, FLORIDA; IMPOSING PROVISIONS AND CONDITIONS RELATING THERETOI AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED by the Board of Indian River County, O Florida, as follows: Section 1. That there is hereby granted to the City Vof Vero Beach, Florida (herein\ called "Grantee"), its successors and assigns, the sole and exclu\ve right, privilege or franchise to construct, maintain, and operate, an electric system in, tinder, upon, over and across the present\ and future streets, alleys, bridges, easements and other public places throughout certain unincorporated areas of Indian River County, Florida, (herein called the "Grantor"), as such Franchise limits are or may be defined in the Service Territory Agreement between the City of Vero Reach, Florida and Florida Power and Light Company, and its successors, in accordance with established practices with respect to electric system construction and maintenance, for a period of thirty (30) years from the date of acceptance hereof. Such electric system shall consist of electric facilities (including poles, fixtures, conduits, wires, meters, cable, etc., and, for electric system use, telephone lines) for the purpose of supplying electricity to Grantor, and its successors, the inhabitants thereof, and persons and corporations beyond the limits thereof. Section 2. Upon acceptance of this franchise, Grantee agrees to provide such areas with electric service. All. of the electric facilities of the Grantee shall be constructed, maintained and operated in accordance with the applicable regulations of the Federal Government and the State of Florida and the quantity and quality of electric service delivered and sold shall at all times be and remain not inferior to the applicable standards for such service and other applicable rules, -1- -.J CO N CT1 �D A' n co -n �c N N 0 O tD CO CD l.D 01 regulations and standards now or hereafter adopted by the Federal Government and the State of Florida. The Grantee shall supply all ® electric power and energy to consumers through meters which shall accurately measure the amount of power and energy supplied in O accordance with normally accepted utility standards. Section 3. That the facilities shall be so located or relocated and so constructed as to interfere as little as practicable with traffic over said streets, alleys, bridges, and . public places, and with reasonable egress from and ingress to abutting property. The location or relocation of all facilities shall be made under the supervision and with the approval of such representatives as the governing body of Grantor may designate for the purpose, but not so as unreasonably to interfere with the proper operation of Grantee's facilities and service. That when any portion of a street is excavated by Grantee in the location or relocation of any of its facilities, the portion of the street so excavated shall, within a reasonable time and as early as practicable after such excavation, be replaced by the Grantee at its expense, and in as good condition as it was at the time of such excavation. Provided, however, that nothing herein contained shall be construed to make the Grantor liable to the Grantee for any cost or expense in connection with the construction, reconstruction, repair or relocation of Grantee's facilities in streets, highways and other public places made necessary by the widening, grading, paving or otherwise improving by said Grantor, of any of the present and future streets, avenues, alleys, bridges, highways, easements and other public places used or occupied by the Grantee, except, however, Grantee shall be entitled to reimbursement of its costs as may be provided by law. Section 4. 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 Resolution shall 0 =0 O be deemed an agreement on the part of Grantee to indemnify Grantor UO and hold it harmless against any and all liability, loss, cost, CO -v c, damage, or expense, which may accrue to Grantor by reason of the o �D -2- 40 neglect, default or misconduct of Grantee in the construction, operation or maintenance of its facilities hereunder. Section 5. That all rates and rules and regulations established by Grantee from time to time shall be reasonable and Grantee's rates for electric_ service shall at all times be subject to such regulation as may be provided by State law. The Outside City Limit Surcharge levied by the Grantee on electric rates is as governed by state regulations and may not be changed unless and until such state regulations are changed and even in that event such charges shall not be increased from the present ten (108) per cent above the prevailing City of Vero Beach base rates without a supporting cost of service study, in order to assure that such an increase is reasonable and not arbitrary and/or capricious. The right to regulate electric rates, impact fees, service policies or other rules or regulations or the construction, operation and maintenance of the electric system is vested solely in the Grantee except as may be otherwise provided by applicable laws of the Federal Government or the State of Florida. Section 6. Prior to the imposition of any franchise fee by the Grantor, the Grantor shall give a minimum of sixty (60) days notice to the Grantee of the imposition of such fee. Such fee shall be initiated only upon passage, by the Grantor and acceptance by the Grantee, of an appropriate ordinance in accordance with Florida Statutes. Such fee shall be a percentage of gross revenues from the sale of electric power and energy to customers within the franchise area as defined herein. Said fee, at the option of the Grantee, may be shown as an additional charge on affected utility bills. The franchise fee, if imposed, shall not exceed six (68) per cent of applicable gross ,revenues. Should the Grantee refuse to accept an ordinance of the Grantor imposing such a fee, this franchise agreement shall. become null and void. Section 7. Payments of the amount to be paid to 0 Grantor by Grantee under the terms of Section 6 hereof shall be G 1-0 made in monthly installments. Such monthly payments shall be CO rendered twenty (20) days after the monthly collection period. -o O tD -3- W �_A • P The Grantor agrees to hold the Grantee harmless from any damages or suits resulting directly or indirectly as a result of the collection of such fees, pursuant to Sections 6 and 7 hereof acid the Grantor shall defend any and all suits filed against the Grantee based on the collection of such moneys. Section 8. As further consideration of this franchise, the Grantor agrees not to engage in or permit any person other than the Grantee to engage in the business of distributing and selling electric power and energy during the life of this franchise or any extension thereof in competition with the Grantee, its successors and assigns. Additionally, the Grantee shall have the authority to enter into Developer Agreements with the developers of real estate projects and other consumers within the franchise territory, which agreements may include, but not be limited to provisions relating to, (1) advance payment of contributions in aid of construction to finance system expansion and/or extension, (2) revenue guarantees or other euch arrangements as may make the expansion/extension self supporting, (3) capacity reservation fee., (4) prorata allocations of plant expansion/line extension charges between two or more developers. Developer Agreements entered into by the Grantee shall be fair, just and non-discriminatory. Section 9. That failure on the part of Grantee to comply in any substantial respect with any of the provisions of this Resolution, shall be grounds for a forfeiture of this grant, but no such forfeiture shall take effect, if the reasonableness or propriety thereof is protested by Grantee, until c court of competent jurisdiction (with right of appeal in either party) shall have found that Grantee has failed to comply in a substantial respect with any of the provisions of this franchise, 0 O tt] and the Grantee shall have six (6) months after final determination of the question, to make good the default, before a forfeiture she].1 result, with the right in Grantor at its O _„J to LD -4- discretion to grant such additional time to Grantee for compliance as necessities in the case require; provided, however, that the ® provisions of this Section shall not be construed as impairing any alternative right or rights which the Grantor may have with ® respect to the forfeiture of franchises under the Constitution or the general laws of Florida. Section 10. That if any Section, paragraph, sentence, clause, term, word or other portion of this Resolution • shall be held to be invalid, the remainder of this Resolution shall not be affected. Section 11. As a condition precedent to the taking effect of this grant, Grantee shall have filed its acceptance hereof with the Grantor's Clerk within sixty (60) days after adoption. This Resolution shall take effect on the date upon which Grantee files its acceptance. Section 12. The Franchise Territory will be expanded or contracted to include or exclude lands, provided such lands are lawfully annexed into the Grantee's City limits and/or the Service Territory Agreement between the Grantee and Florida Power and Light Company is amended and the Public Service Commission of. the State of Florida approves of such change(s) in service boundaries. Section 13. This franchise is subject to renewal upon the agreement of both parties. In the event the Grantee desires to renew this franchise, then a five year notice of that intention to the Grantor shall be required. Should the Grantor wish to renew this franchise, the same five year notice to the Grantee from the Grantor shall be required and in no event will the franchise be terminated prior to the initial thirty (30) year period, except as provided for in Section 9 hereof. Section 14. Provisions herein to the contrary notwithstanding, the Grantee shall not be liable for the non-performance or delay in performance of any of its obligations o undertaken pursuant to the terms of this franchise, where sail: O failure or delay is due to causes beyond the Grantee's control CO including, without limitation "Acts of God", unavoidable p casualties, and labor disputes. Co O -5- L-1 DONE and ADOPTED in regular session, this 27th day of January 1987,. ACCEPTED: 40 BOARD OF COUNTY COMMISSIONERS CITY OF VERO BEACH INDIAN RIVER COUNTY By:-_—cw By: Ad Mayor Charmin Date:. 6-lUka4 /F?7 C)t 0 Att a& Attest:, 4.h"' C1 y1c :erk j b/ .0 -7j: Ap,projed;is to form and lfg,il Euffidency ct'jr1c-. 11. vituolz Caunt;, Attomoy -6- 4 C. -J 1 -4 - IT I �`K. P. L. CO. law -- L -rn I.' F. P. L. C O. TERRITORIAL BOUNDARY AGREEMENT BETWEEN FLORIDA POWER & LIGHT COMPANY AND CITY OF VERO BEACH, FLORIDA -J 1 -4 - IT I �`K. P. L. CO. law -- L -rn I.' F. P. L. C O.