Fort Walton Town Council regular minutes, February 8, 1944 — reading text

ordinance for any reason shall be held void, inoperative or unconstitutional, such invalidity or unoonstitutior~lity shall not affect or invalidate the remaining sections or provisions. SECTION 9: This ordinance shall be published as required by law and shall take effect twenty (20) days from the time of its final passage. PASSE9: Feb. 8, 1944 City Clerk h. yor, Ma yor Thereupon Councilman Theo Bass moved that the proposed ordinance be adopted and passed on its first reading and Councilman O. M. Earley seconded the motion. A ballot was then taken on the motion to adopt and pass the said ordinance on its first reading, resulting as foll~ s: Those voting W. C. Pryor, O. M. Earley, Theo Bass, George Those voting "Nay", None. The Mayor then declared that the said ordinance as read had been duly adopted and passed on its first reading. Thereupon Councilman O. M. Earley introduced the following ordinance which was read in full by the Clerk in open council meeting as follows, to- wit:  ORDINANCE NO. 10 FRANCHISE ORDINANCE AN ORDINANCE Granting an Electric Franchise to Gulf Power Company, a Corporation, its Successors and Assigns, in the Town o~For% Walton, Florida. THE TOWN OF FORT WALTON, FLORIDA, DOES ORDAIN~ SECTION 1: In consideration of the benefits that will accrue to the said Town and the inhabitants thereof, Gulf Power Company, a corporation, its successors and assigns, hereinafter referred to as the Grantee, is hereby given, granted and vested with the right, authority, easement, privilege and franchise to construct, erect, suspend, install, renew, repair, maintain, operate and con- duct in said town a plant or plants and system for the manufacture of electric current for all purposes whatsoever. SECTION 2: The said Grantee is hereby further given, granted and vested with the right, authority, easement, privilege and franchise to construct, erect, suspend, install, renew, repair, maintain, operate and conduct in said town a system of poles, towers, conduits, cables, conductors, transforming stations, fittings and all appliances or appurtenances necessary or desirable to the ribution, or sale of electric current for all purposes transmission, dis% whatsoever in, over, under, along, upon and across all streets, avenues, alleys, ways, bridges, and public places in said town as they new exist or may here- after be laid out or extended, together with the further right, privilege, and franchise to construct, erect, suspend, install, renew, repair, maintain and operate such poles, towers, conduits, cables, wires, conductors, transforming stations, fittings and all appliances and appurtenances necessary or desirable ssion within, unto, through, over and to the transm-~ beyond said town and furnish- ing, supplying and distributing to said town and to the inhabitants and corporations both within and beyond the limits thereof, electric energy for lighting, heating, power and all other purposes for which electric energy may be used now or hereafter, and for the purpose of extending its lines and furnishing else% tic current beyond the limits of said tc~ n. SECTION $I The ~wers, conduits, cables, conductors, t- poles, o rahs- forming stations, fittings, appliances and appurtenances shall be so con- ructed as no% s% h the proper use of the to unreasonably interfere wi% s~ reets, avenues, alleys, ways, bridges and public places in said town, and shall be maintained in a reasonably good condition and repair. ECTION 4: Whenever the Gran~ ee shall cause any opening or alteration to be made in any of the streets, avenues, alleys, ways, bridges or public places of said town, for the purpose of installing, aining, m~ in% opera% lng, or repairing any poles, towers, conduits, cables, and other appliances, the work shall be completed within a reasonable time and the C~ antee shall upon the com- pletion of such work restore such portion of the stree% s,avenues, alleys, ways or other public places to good as ' condition it before the as was opening or alteration was so made. SECTION $: The Grantee shall hold said town harmless from any and all liability or damages resulting from the negligence of the ~rantee, in the con- s~ ion, ruc~m~ intenance or operation of said poles, towers, conduits, wires, cables and o~ her appliances. SECTION 6.. The Grantee may, frc~ time to time, declare, make and en- force reasonable rules and regulations as a condition for the sale or distribution of electric current to any person, firm or by i~ corporation. SECTION 75 In the event the supply of electric energy should be inter- rupted or fail by reason of accident otherwise the control of the or beyond Grantee, the Gran~ ee shall res% ore the service within a reasonable time and such ion shall interrup% not cons% ttute a breach of this franchise, nor shall the Gran~ ee be liable for damages by reason of such interruption or failure. 8 ee shall install and maintain, free of SECTION 8.. The Gran~ charge, meters for measuring current, and shall have ~ree access to the premises of the consumer, from time to time, for the purpose of reading, repairing, testing and maintaining the meters and appurtenances. Such meters shall remain the property of the Grantee. SECTION 9: The franchise granted by this ordinance shall exist and continue for the period of ten years only and as a condition precedent to the taking effect of this grant the town does hereby reserve and the Grantee gives and grants to the said municipality the right at and after the expiration of the said ~ erm to purchase the electric plant or other property used under or in connection with the franchise hereby granted or such part of such property as the m~ y desire to purchase at a valuation to be fixed nicipality m~ in accordance with the S~ utes a% of Florida, and the Gran~ ee by its acceptance of this ordinance as provided by Section 11 thereof s}~! l be deemed to h~ ve granted and given the municipality such right of purc? ase. SECTION 10: ¥~ nenever in this ordinance either tbs town or the Grantee is named or referred to, it shall be deemed to include the respective successor, successors or assigns of either and all rights, privileges and obligations herein conferred s?~ ll bind and imure to tbs benefit of such successor, successors ~r assigns of said town or rantee. of the ~ SECTION Il: The Grantee, its successors or assigns shall within ninety 90) days after the approval of this ordinance by the ~yor, file a written acceptance of the ordinance with the Clerk. Thereupon Councilman O. M. Earley moved that the proposed ordinance be adopted and passed on its first reading and Councilman George Marler seconded the motion. A ballot wes then taken on the motion to adopt and pass  said ordinance on its first reading, resulting as follows: Those voting "Ye&".· O. M. Earley, George S. Marler, Theo Bess, William Pryor. Those voting "Nay": None The Mayor then declared that the said ordinance as read h~ d been duly adopted and passed on its first reading. There being no further business