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Ordinance No. 40-74-7 v + j , ORDINANCE NO . 40-74-7 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 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 res- pect to electrical construction and maintenance, for the period of four (4) years from the date of acceptance thereof and shall con- tinue 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, elec- tric light and power facilities for the purpose of supplying elec- tricity to Grantor. Any attachment to the Grantee ' s existing or pro- posed facilities is at the sole discretion of the Grantee. le 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 spaces, and with reasonable egress from and ingress to abutting property. The location or re- location 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 ser- vice . 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 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 ordinance shall be deemed as 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 4111 in the construction, operation, or maintenance of its facilities hereunder. ti SECTION 4. (a) The rates to be charged by the Grantee to the users of electricity within the coporate limits of the Grantor shall be the rates from time to time charged by the Grantee to other consum- ers of similar classification in all areas served by Grantee. (b) The Grantor shall be subject to the Rules and Regu- lations of the Grantee, provided, however, that in the event any of said Rules and Regulations conflict with any of the terms or pro- visions of this ordinance, then, and in such event, the terms and provisions of this ordinance shall control. SECTION 5a 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) months period, the Grantee, its successors and assigns, shall pay to the Grantor and its successors and assigns, shall pay to the Grantor and its successors an amount which added to the amount of all taxes, licenses, and other impositions levied or imposed by the Grantor upon the Grantee ' s electric property, business, or operations, and those of Grantee ' s electric subsidiaries for the preceding tax year will equal six percent (6%) of Grantee ' s gross revenues collected from the sale of electric energy to all customers within the corporate limits of the Grantor for the six (6) months preceding the applicable anniversary date. SECTION 6o The Grantor will pay to the Grantee the prevailing rate schedules established as they now exist or may be amended, revised or modified within this contract period for all electric services and such charges shall not be in excess of any rate charged by the Grantee to any other franchised customer. SECTION 7 . 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 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 determination of the question to make good the default before a foreiture shall result with the right in Grantor at its discretion to grant such additional time to Grantee for compliance as neces- sities in the case require. SECTION 8. 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. SECTION 9. In the event that during the life of this franchise the Grantee shall negotiate a similar franchise with another Municipali- ty, 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 10, This ordinance shall take effect immediately upon acceptance by the Grantee. SECTION 11, That all ordinance and parts of ordinance in conflict herewith be and the same are hereby repealed. i Passed by the City Commission on first reading on A0/✓, Aw - 1974 Passed by the City Commission on second reading on 72 �7�/Y74, 1974. Passed by the City mmission n third and final reading with a Public Hearing on .„(e/z/, //(// 1974. ATTEST r (Seal) i✓�/GZi �Cl�'c'� Gloria Jun Knight City Clerk