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HomeMy WebLinkAbout1977-10440 RESOLUTION NO. 77- 104 ® A RESOLUTION GRANTING TO FLORIDA POWER & LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC FRANCHISE IN THE UNINCORPORATED AREAS OF INDIAN RIVER COUNTY, FLORIDA; IM- POSING PROVISIONS AND CONDITIONS RELATING THERETO; PROVIDING FOR PAYMENTS BY THE FRANCHISEE TO THE COUNTY; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA: Section 1. That there is hereby granted to Florida Power & Light Company (herein called the "Grantee"), its successors and assigns, the non-exclusive right, privilege or franchise to construct, maintain, and operate in, under, upon, over and across the present and future streets, alleys, bridges, easements and other public places throughout all the unincorporated areas of Indian River County, Florida, (herein called the "Grantor"), and its successors, in accordance with established practice with respect to electrical construction and maintenance, for the period of thirty (30) years from the date of acceptance hereof, electric light and power facilities (including conduits, poles, wires and transmission lines, and, for its own use, telephone and telegraph 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. That the facilities shall be so located or relocated and so erected as to interfere as little as possible 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, with 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, re- construction, repair or relocation of Grantee's conduits, poles, towers, and appurtenances thereto 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 3. 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 be deemed an agreement on the part of Grantee to indemnify Grantor and hold it harmless against any and all liability, loss, 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 4. That all rates and rules and regulations established by Grantee from time to time shall be at all times reasonable and Grantee's rates for electricity shall at all times be subject to such regulation as may be provided by law. Section 5. That no later than sixty (60) days after the first anniversary date of this grant and no later than sixty (60) days after each succeeding anniversary date of this grant, the Grantee, its successors and assigns, shall have paid to the Grantor and its successors an amount which added to the amount of all taxes as assessed, levied, or imposed (without regard to any discount for early payment or any interest or penalty for - 2 - `.J late payment), special assessments, licenses, excises, fees, charges and other impositions of any kind whatsoever (except the County school 7 tax and the taxes for County school districts levied under Article VII, Section 9, of the Constitution of the State of Florida as constituted on the date of this grant and except amounts for assessments for special benefits, such as sidewalks, street paving and similar improvements) levied or imposed upon the Grantee's electric property, business operations, and those of Grantee's electric subsidiaries within Indian River County, Florida, by the Grantor for itself, or for the benefit of any other general or special public or other governmental body located in whole or in part within the limits of Indian River County, Florida, or so levied or imposed by or under any authority other than municipalities for the benefit of any general or special public or other governmental body, located in whole or in part within the limits of Indian River County, Florida, including the Grantor, for the preceding tax year, will equal six percent (6%) of Grantee's reve- nues from the sale of electrical energy to residential, commercial and industrial customers within the unincorporated areas of Indian River County, Florida, for the twelve (12) fiscal months preceding the applicable anni- versary date. In calculating the amount which Grantee shall have paid Grantor no later than sixty (60) days after the first annual date of this grant, revenues from the sale of electrical energy to residential, commercial and industrial customers during the first fiscal month after the effective date of this grant shall be excluded. Nothing herein shall be construed to be a limitation on the assessment and collection of valid taxes, special assessments, licenses, fees, charges or other impositions by the Grantor or other public or governmental body on or from the Grantee in excess of such six percent (60J0 amount. - 3 - 40 Section 6. Payments of the amount to be paid to Grantor by Grantee under the terms of Section 5 hereof shall be made in estimated �W—= monthly installments. The eleven (11) monthly installments for the first twelve (12) fiscal months of this grant shall commence one hundred twenty (120) days after the effective date of this grant. For each succeeding twelve (12) fiscal months of this grant, the twelve (12) monthly installments shall commence ninety (90) days after the grant's anniversary date. Each estimated monthly installments shall be calculated on the basis of ninety percent (90%) of Grantee's revenues (as defined in Section 5) for the monthly billing period ending sixty (60) days prior to each scheduled monthly payment. The final monthly installment for each fiscal year of this grant shall be adjusted to reflect any underpayment or overpayment resulting from the estimated monthly installments made for said fiscal year. Section 7. As farther consideration of this franchise, the Grantor agrees not to engage in the business of distributing and selling electricity during the life of this franchise or any extension thereof in competition with the Grantee, its successors and assigns. Section 8. 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 a 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, and the Grantee shall have six (6) months after the final determination of the question, to make good the default before a forfeiture shall result with the right in Grantor at its discretion to grant such additional time to Grantee for compliance as necessities in the case require; provided, however, that the provisions of -4- 40 • t. t. 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 or the Charter of the Grantor. Section 9. If, during the term of this franchise, the Grantee enters into a franchise with any other county which provides for benefits which are greater than those provided to the Grantor herein, then Grantee agrees upon request of the Grantor to enter into a new franchise with the Grantor containing similar greater benefits provided that such new fran- chise includes benefits to Grantee at least equal to those provided by its franchise agreement with such other county. Grantee further agrees that if, during the term of this franchise, the Grantee enters into a franchise with any other county covering unincorporated areas only or incorporated areas only which provides for payments at a higher percentage rate than the six percent (6%) rate provided to the Grantor herein, then Grantee agrees upon request of the Grantor to enter a new franchise with the Grantor containing a higher percentage rate provided that such new franchise includes benefits to Grantee at least equal to those provided by its franchise agreement with such other county. 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 thirty (30) days after adoption. And this Resolution shall take effect on the date upon which Grantee filed its acceptance. Section 12. Grantor reserves the right to increase or decrease rates charged herein depending upon the method the Public Service Commission for the State of Florida uses in establishing rates state-wide. In no event shall any increase in rates by Grantor exceed the maximum rates established within this Franchise Agreement. -5- DONE and ADOPTED in regular session this 19th day of October 1977. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA. By: It& William C. Wodtke, ;,,.,C 8 Mari ATTEST: _