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040 v1 a s INTRODUCED i / ' gfitig COUNCIL__ AN ORDINA=TCE Granting Unto the Cid T , Florida, a Municipal Corporation, the Exclusive Franchise, Right and Authority To Use the Public Streets of the Town of Atlantic Beach for the Construction and aintena:__ce ofan Electric Distribution System within the Town Limits of Atlantic Beach, Florida; and, as a part of said System, for the Purpose of Placing Poles and Electrical Apparatus and Conduits, Vires and Cables there- on, and Underground Conduits and Raceways for Electrical Apparatus, Wires and Cables under the Same, and the Exclusive Franchise, Right and Authority to Furnish Electricity within the Town Limits of the Town of Atlantic Beach, Florida, and Providing for Arbitration, Forfeiture, and other Regulatory Matters . BE IT ORDAINED BY THE MAYOR A D TOWN COUNCILCIL O THE TOWN OF ATLANTIC BEACH, FLQRIDA: SECTIO v 1. Wherever the word "City" is used in this ordinance, it shall be understood and construed as referring to and including tie City of Jac'- sonville, Florida, a municipal corporation; wherever the word "Town" is used, it shall be construed as referring to and including the Town of Atlantic Beach, Florida, a municipal corporation, and to said Town as its corporate limits may be extended or enlarged. Wherever notice is required to be given bo the City, notice in writing, addressed to the City of Jack- sonville, and delivered at the office cf the City Corr ission of Jacksonville, Florida, shall be considered a delivery of such notice; and wherever notice is required to be given to the Town, such notice, in writing, addressed and delivered to the office of the Town Clerk at the Town hall, in Atlantic Beech, Florida, shall be considered notice to the Town. SECTiOi 2. The City, in consideration of the compliance by it with the provisions, covenants and terms of this Ordinance, is hereby granted the exclusive municipal franchise, right and authority: p ) Tn Prem _ nnrrote and maintri n el er.tri nnl lines _ incl urlincr the 1.i. V. r.,r . underground construction necessary for electrical apparatus and wires or cables under the public roads, highways, streets and alleys of the Town as may, from time to time, be reasonably required. b) To have, operate and maintain an electrical distribution system, and substations in connection thereTith, within the town for the purpose of supplying electricity to all users thereof within the Town Limits. SECTION 3. This franchise, and all the rights, privileges and obligations under the terms of this ordinance shall continue for a fixed period of thirty (30) years from the date of its taking effect; subject, however, to termination by reason of forfeiture of the rights of the City, as herein provided, and to all of the terms and provisions of this ordinance. SECTION 4. (a) The work of erecting poles and constructing under- ground conduits by virtue of the franchise herein granted and the terms of this ordinance shall be done under the supervision of the Town Supervisor, or other individual designated by ;the Torn Council, and the City shall pro- perly replace and properly relay, in a good and workmanlike manner, any sidewalk or street that may be displaced by reason of the erection or con- struction of such poles or underground conduits, or any of the work done by the City under the terms of this ordinance; and upon the failure of the City to begin the work after three days notice in writing shall havebeen given by the Town Supervisor, or other individual designated by the Town Council, to the City, and to expedite the completion of said work, the Town may repair such portion of the sidewalk or street that may have been disturbed by the City, and collect the cost so incurred from the City. b) All work done hereunder, in, under, upon, over and across the present and future streets, avenues, alleys, highways, bridges, easements, and other public places in the Town for the purpose of carrying out the provisions of this franchise and all rights and privileges granted here- under shall be done and performed in a good and workmanlike manner, and in such manner as not to unreasonably interfere with traffic, and when any portion of any street or other public place in the town is excavated or s • awe 1 c) The City shall use every reasonable precaut cn for the safety of the public at all openings, excavations or obstructions made by the City in the present or future streets, alleys, avenues, highways, bridges, easements, and other places in the Town and shall protect the same during the night time by red lanterns or other stop signals in sufficient number to markplainly such openings, excavations or obstructions to assure safety to pedestrians and vehicular traffic against danger or injury. d) In all construction work done by the City and all repairs here- after made and all ins' . i l^iicr1 of electrical apparatus, conduits, wires and cables, and all repairs and renewals which may be hereafter made, the methods and materials used shall be such as comply with modern requirements and shall be equal to the latest designs applicable to electrical distri- button systems and all of such work shall be done in such manner to, as far as possible, prevent radio interference. Upon being notified of any leak- ing of electrical current, causing radio interference, the City shall imiiie- diately make the repairs or changes necessary to correct the same, as far as possible. e) All holes, conduits, wires, connections and apparatus and the location of the sezie, shall be subject to the reasonable rules and regula- tions of the Town Council of Atlantic ;beach, Florida, or other municipal body having jurisdiction thereof, but no case shall the City be required to construct or maintain a distribution line on any easement other than over a street or alley; and shall at all times be allowed to place its poles and conduits on streets and alleys of a width of not less than ten 10) feet, which have been dedicated as public thoroughfares . SECTION 5. The City -day be required to extend any of its distri- bution lines to meet the reasonable requirements of users of electricity i within the Town Limits at the direction of the Town Council of Atlantic Beach, by proper/ ordinance, but only on streets and alleys having a widt '/ of not less than ten (10) feet, which have been dedicated as public thoroughfares; and where the revenue f ro ,i said extension will equal fieen W •. V e A highways and other places of the town by the public, and by telephone and telegraph coiupanies; but at all tines the City shall have the right to con- struct and maintain its distribution system on an; street or alley, having a width of not less than ten (10) feet, which is dedicated as a public , thoroughfare, subject to said. laws axed`, ordinances . SECTIO:: 7. The Town shall not, in any event, or in any ma_ ner be liable or responsible for any injury or damage that may occur in connec- tion with the exercise by the City of its rights hereunder, including the construction or maintenance by the City of its electric distribution lines and necessary or desirable appurtenances and the acceptance of this fran- chise shall be deemed an agreement on the part of the City to indemnify the said Town and hold the said Town harmless against any and all liability, loss, cost, damage or expense which may accrue to the said Town by reason of the neglect, default or misconduct of the City in connection with the exercise of its rights hereunder, including the construction, operation or maintenance of the City! s electrical distribution system and appurten- ances, and maintenance and repair of streets, as herein provided. Nothing in this ordinance contained shall be construed to make the Town liable for damages on account of any act of omission or commission, omitted or com- mitted by the servants, agents or employees of the City in its operation of said electrical distribution system, either in respect to persons or with respect to any property damage which may be sustained, or which may result from the failure of the City to keep in repair the portions of the streets herein specified. SECTIO:: 3. The City shall, within six ( 6) months after this ordi- nance becomes effective, provide in the Town of Atlantic Beach, an elec- trical distribution system sufficient to take care of the requirements of the users of electricity within the town limits, to the end that the users of electricity within the limits of the Town may receive benefits of said system within as reasonably short a period of time as will insure proper construction of such system and adequate service therefrom. a) The Town shall have the right, without the payment of compensa- tion therefor, to use the poles of said distribution system to carry the signal and telephone and street lighting wires of the Town at such reason- able position or positions as may be designated by agreement by the City and the Town, and the City shall permit the Town to have space for one cross arm on each pole without expense to the Town, and whenever the City constructs any underground raceway or conduit, it shall provide, without expense to the Town, space not to exceed one duct in each raceway or con- duit constructed by the City for the use of the police and firs alarm and telephone and telegraph system of the Town, and the City shall draw in and connect, free of cost to the Town, the necessary underground wires for said purposes, which wires shall be furnished by the Town. b) The City shall furnish and maintain without expense to the Town, all current necessary to be used for not more than ten (10) street lights of 250 candle power each in the street lighting system which the Town con- templates installing. The City shall charge the Town not more than three cents (3') per kilowatt hour for all current used by the Town for street lighting purposes in excess of the current used by said ten (10) street lights of 250 candle power each, (estimated to consume 540 kilowatt hours per month, ) which shall include the cost of maintaining all said street lights in the Town in excess of said ten (10) street lights, the mainten- ance of which is to be taken care of byFthe City without expense to the Town. The cost of installing said street lights and replacement of all street lamps shall be paid by the Town. c) For each ten per cent (10 ) increase in gross revenue, determined as provided in Section 11 hereof, over- the sum of Fifteen Thousand Dollars 015, 000.00) per year, during the life of this franchise, the City agrees to furnish the necessary current for and maintain, without cost to the Town, one (1) additional street light of 250 candle power. d) The City shall furnish without charge, all current necessary for use in the Municipal Building or Town hall in the Tot^rn for lighting and of the parties hereto, but not more than the prevailing schedule of rates for commercial lighting inside of the City Limits. e) The City shall furnish, without charge to the Town, for municipal power purposes, up to one thousand (1,000) kilowatt hours per month and for all current used for municipal power in excess of said one thousand kilo- watt hours per month, the City shall charge the Town not more than the regular City of Jacksonville inside city limits rates (at present, 2200 volt service : 2/ per KWH; 220/110 volt service : 3/ per H) . f) The City shall pay to the Town during the life of the franchise hereby granted, a sum equal to three per centum (3;) of the annual gross receipts and revenues collected by the City from the sale of electric cur- rent to users thereof within the limits of the Town, payable in semi-annual installments on the first day of June and December of each and every year during the life of said franchise, which payment shall be accepted by the Town in lieu of all license fees, property tax, real estate tax or any other form of taxation, against said electrical distribution system, including substations situated in the Town, except special assessments and improve- ments specially benefitting the real property of the City. The remittances made by the City to the Town shall be accompanied by itemized statements showing the amount of gross receipts and revenue from the sale of electric current within the limits of the Town as aforesaid for the preceding six 5) months ' period, and such remittances shall be made by the City to the Town within a period of fifteen (15) days after the same become due and payable. g) The City shall at all times during the life of this franchise have at least one (1) maintenance man who shall maintain his permanent resi- dence in or adjacent to the Town and who shall be mailable at all reasonable times in the event of trouble or disturbances on the City ' s distribution system to promptly remedy the same. SECTION 10. The rates to be charged by the City to the users of current within the limits of the Town shall not be in excess of the rates S ' . conflict with any of the terms or provisions of this ordinance, then, and in such event, the terms and provisions of this ordinance shall control. SECTION 11. During the entire existence of this franchise, the City shall keep separate books and records of its gross receipts and reve- nues from the sale of electric currc _t within the Town limits, showing the amount of business done within the limits of the Town, which books and records shall be kept open to inspection at ell reasonable ti. es by a duly authorized representative or representatives of the Town Council of the Town, and a full and accurate statement of all nno .ies collected from such sale of current in connection with the operation of said electrical dis- tribution system and complete statistical accounts of its business and operations showing such gross receipts and revenue from such sale of cur- rent, shall be available for inspection by said authorized representative or representatives. Said authorized representative or representatives are hereby given the right of access to and full authority to inspect, examine, audit and verify all said books, records and accounts, relating to the con- duct of the said business of the Town by the Oi_ty, and the City agrees, as a continuing condition of the franchise hereby granted, that the said ac- counts of the City' s business and operation within the limits of the Town shall be kept by the City in accordance with approved accounting practices. SECTIOlu 12. Whenever the Town shall, by resolutio_i of the Town Council, request any adjustments, betterments, replacements or extensions G of the service rendered by the City, such resolution shall specify the same in such detail as will enable the City to comprehend the matter to be performed and shall specify a reasonable time for compliance therewith by the City, and the Town shall serve a certified copy of such resolution ay 3n the Cit,; in the manner provided herein for the service of notice. In the event the City shall fail or decline to comply with such request, either party may submit the matter to arbitration, as in this ordinance provided. At no time shall the City be required to construct or maintain its distri- bution system on other than streets or alleys, having a width of not less 11 the terms of this ordinance, either party may require submission of the same to a Board of Arbitration by a written demand for such arbitration served upon the other party. In the event of such demand for arbitration, the party so applying shall, in the notice demanding the same, naule its arbitrator. Thereupon the other party shall, within ten days thereafter, name an arbitrator by notice served upon the party initiating the arbitra- tion. In case the other parts does not, within the s i. ten days,, name an arbitrator, then the party to initiating the arbitration may request the appointment of an additional arbitrator by the Senior Judge of the Fourth Judicial Circuit Court of Florida, residing in Jacksonville, Florida, or if there shall be at the time no Judge of said Court residing in Jack- sonville, Florida, or if such Judge shall fail or refuse to act and appoint such additional arbitrator, or shall be unable to act by reason of absence, sickness or otherwise, then such additional arbitrator may be appointed by either of the Judges of the Circuit Court for the Fourth Judicial Cir- cuit of Florida, upon request of the party initiating such arbitration. Then the two arbitrators so selected shall, within five days thereafter appoint a third arbitrator; upon the failure of the arbitrators to appoint a third arbitrator within five days after the appointment of the second arbitrator, either party may thereafter apply forthwith to one of the Cir- cuit Judges as above provided for the appointment of the said third arbi- trator. The hearing by the Board shall be public and either party may be represented by counsel. A majority of the Board may render judgment upon the issue submitted. It is hereby expressly agreed that the finding of the said Board of Arbitration shall be final upon all issues of fact so submitted. The expense of said arbitration, including the expenses of the. Board, shall be certified by thea! to both parties and shall be paid equally by both parties. Said expenses shall not include any allowances for fees for an attorney or expert for either party. SECTICT; 14. (a) In the event the City shall violate any of the terms, conditions or provisions of this ordinance, or fail to comply with r l t • w f r • 11 thereon adverse to the City, the City shall be liable to the Town for a penalty of One Hundred 0100.00) Dollars, to be enforced in an action at law for each day, but not e_:ceeding ten days, it shall without just cause continue in such violation or failure to perform after the rendition of such findings and decision. b) If the City shall continue in such refusal to perforn any act required to be performed under the terms of this ordinance, or to comply with any order of the mown Council or other governing body of the Town having jurisdiction to make such order, for the period of thirty days after the rendition of the decision and findings of such Board of Arbitration adverse to the City, the Town shall have the right to give notice to the City that unless it desists from said violation or non-compliance within thirty days thereafter, the City shall be deemed to have forfeited and annulled all its franchise, right and privilegesgranted under the terms of this ordinance, and such forfeiture shall be declared by an ordinance duly enacted by the Town Council. An action to enforce such forfeiture may be 2 uu ;ht in the Circuit Court cf. Luval County, ib ride, FROV DED that no such forfeiture shall be declared, or ordinance adopted declaring such forfeiture, or action be instituted to enforce such forfeiture, after twelve (12) months from the date cf the rendering of such decision and finding of said Loard cf Arbitration. The remedies upon default as provided under subdivisions (a) and (b) of this Section are alternative and optional remedies and both may not be enforced for the same default, PROVIDED that if t' c Town shall upon default as hereinabove provided elect to pursue its remedy as provided in subdi- vision (a) of this Section, and the City shall continue in such refusal to performsuch act for which such penalty is sought to be enfor'cec., for the period of thirty (30) days after the period for which such penalty is sought to be enforced, then such continued refusal may- be made the basis for proceedings for forfeiture as provided under subdivision (b) of this section. a f -• does hereby give and grant to the Town the right, at and after the expira- tion of the term of this franchise to purchase the said electrical distri- bution system used under or in connection with the franchise and rights granted under this ordinance, or such part of such property as the Town may desire to purchase at a valuation of the property, real and personal, desired, which valuation shall be fixed by arbitration as may be provided by law. If at the time the Town shall wish to exercise its right to purchase under the provisions of this Section, there shall be no applicable provi- sions of statute law of Florida for the determination by arbitration of the value of the properties desired to be purchased, then the valuation of such properties so desired to be purchased shall be submitted to and deter- mined by arbitration under the terms of and as provided in Section 13 of this ordinance. SECTION 16 . This ordinance shall not become effective until it has been submitted, in accordance with law, to a vote of the duly quali- fied electors of the Town at a special election to be called by the Town Council within twenty days after this ordinance shall have been passed by the Town Council and accepted by the City. The said election shall be held on a date to be fixed by the Town Council in its proclamation calling said election which shall not be less than fifteen nor more than ninety days from the date of said proclamation, and said election shall be held at that time in such way that said electors shall have an opportunity to vote for or against the approval of this ordinance after due and proper publication and notice, as provided by law, and said ordinance shall only take effect upon its approval by a three-fifths (3/5) vote of the qualified electors of the Town voting at said election, where such question shall be submitted as aforesaid, and the calling and holding of said election and the ascer- taining and declaring of the result thereof shall be provided for by the Town and its proper authorities , in accordance with the usual rules govern- ing elections. 4 q14111 rippm.-- and its acceptance of this ordinance and its terms ; otherwise, this ordi- nance shall be void and of no effect, and the franchise, rights, privileges and authorities given and granted hereunder shall cease to exist. Upon the acceptance of said ordinance and its terms by the City in writing, as herein olit provided, the election shall be called by the Town Council, in accordance herewith, and upon the approval of the voters of the Town, as herein pro- vided, the City shall be vested with all rights, privileges, authority and ranch.ises hereinabove set f ortii, but this franchise shall not be assignable to any other person or corporation except by consent of the Town Council. SECTION 18. In the event that during the life of this franchise the City shall Illptiatte or enter into a similar franchise with the town of Neptune or the town of Jacksonville Beach, or other Beach :_unicipality, then and in that event the Town of Atlantic Beach shall have the right and privilege to substitute any section, paragraph or provision of such f ran- chise, which ray be considered as more favorable to the Town, for the cor- responding section, paragraph or provision 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 19. All ordinances, or parts of ordinances, in conflict herewith are, to the extent of such conflict, hereby repealed. Passed by Town Council on first reading,o2 440p 1938, Passed by Town Council on second reading, ? i T' 1938, Passed by Town Council on third and final reading,(/ a7, 1938; and certified to the . ayor 42,--(2AA-J-P-4) ;7 )t 1938. Examined and approved, this DC/ 7 I/Z 1938. 60_:--At_ ; 4' Mayor Attest pf vnC C lirTfrS is •• Ar e t t ,N z1 6 0.