Ordinance No. 40-69-6 v I
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ORDINANCE NO. 40-69-6
AN ORDINANCE GRANTING TO JACKSONVILLE ELECTRIC AUTHORITY,
ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC FRANCHISE, AND
IMPOSING PROVISIONS AND CONDITIONS RELATING THERETO.
BE IT ENACTED BY THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. That there is hereby granted to Jacksonville Electric
Authority (herein called the "Grantee" ) , its successors and assigns,
the 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 of the
City of Atlantic Beach, Florida, (herein called the "Grantor" ) and
its successors, in accordance with established practice with respect
to electrical construction and maintenance, for the period of four
(4) years from the date of acceptance thereof and shall continue in
effect on a year-to-year basis until terminated at the option of either
party by the giving of not less than ninety (90) days advance written
notice of the exact date of termination, 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 inhabi-
tants thereof, and persons and corporations beyond the limits thereof.
SECTION II. That Grantor hereby reserves the right at and after the
expiration of this grant to purchase the property of Grantee used
under this grant, as provided by the Laws of Florida, in effect at
the time of Grantee ' s acceptance hereof, including Section 167 .22 of
the Florida Statutes, and as a condition precedent to the taking effect
of this grant, Grantee shall give and grant to the Grantor the right to
purchase so reserved. Grantee shall be deemed to have given and granted
such right of purchase by its acceptance hereof, which shall be filed
with the Grantor' s clerk within thirty (30) days after this ordinance
takes effect.
SECTION III. 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 spaces, 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.
SECTION IV. 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,
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Ordinance No. 40-69-6
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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 V. (a) The rates to be charged by the Grantee to the users
of electricity within the corporate limits of the Grantor shall be
the rates from time to time charged by the Grantee to other consumers
of similar classification in all areas served by Grantee.
(b) The Grantor shall be subject to the Rules and Regulations
of the Grantee, provided, however, that in the event any of said Rules
and Regulations conflict with any of the terms or provisions of this
ordinance, then, and in such event, the terms and provisions of this
cy ordinance shall control .
�'iSECTION VI. That within thirty (30) days after the first six (6) months
from the date of this grant and within thirty (30) days after each
succeeding six (6) month period, the Grantee, its successors and assigns,
shall pay to the Grantor and its successors an amount equalling 6% of
Grantee ' s gross revenues collected from the sale of electrical energy
to all customers within the corporate limits of the Grantor for the
six (6) months preceding the applicable anniversary date.
SECTION VII. As a further consideration of this franchise, said 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 VIII. That failure on the part of Grantee to comply in any
substantial respect with any of the provisions of this ordinance, 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 addi-
tional time to Grantee for compliance as necessities in the case require.
SECTION IX. The Grantee shall at all times during the life of this
franchise have available sufficient maintenance men for emergency repairs
and service to the system within the corporate limits of the grantor.
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Ordinance No. 40-69-6
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SECTION X. In the event that during the life of this franchise the
Grantee shall negotiate a similar franchise with another Municipality,
then and in that event the Grantor shall have the right and privilege
to substitute any section, paragraph or provision of such franchise
which may be considered more favorable than that contained herein. Any
such substitution shall not be held to change, modify or affect the
validity of any other section, paragraph or provision of this Franchise.
SECTION XI. This ordinance shall take effect immediately upon acceptance
by the Grantee.
SECTION XII. That all ordinances and parts of ordinances in conflict
herewith be and the same are hereby repealed.
Passed by the City Commission on first reading on December 9th 1968 .
Passed by the City Commission on second and final reading on January 13th
1 1969.
Signed:
Attest: Title
�1 4 I _City Clerk
The foregoing Ordi (nce approved on
the day of 196_.
Title
Mayor