Ordinance 07-2011 Florida Power & Light ORDINANCE NO. 7-2011
AN ORDINANCE OF THE TOWN COUNCIL
OF THE TOWN OF PALM BEACH, PALM
BEACH COUNTY, FLORIDA, GRANTING TO
FLORIDA POWER & LIGHT COMPANY, ITS
SUCCESSORS AND ASSIGNS, AN ELECTRIC
FRANCHISE, IMPOSING PROVISIONS AND
CONDITIONS RELATING THERETO,
PROVIDING FOR MONTHLY PAYMENTS
TO THE TOWN OF PALM BEACH, AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Palm Beach, Florida recognizes that the
Town of Palm Beach and its citizens need and desire the continued benefits of electric service;
and
WHEREAS, the provision of such service requires investments of capital and other
resources in order to construct, maintain and operate facilities essential to the provision of such
service, and the Town of Palm Beach does not desire to provide such services; and
WHEREAS, Florida Power & Light Company (FPL) is a public utility which has the
demonstrated ability to supply such services; and
WHEREAS, there is currently in effect a franchise agreement between the Town of Palm
Beach and FPL, the terms of which are set forth in Town of Palm Beach Ordinance No. 4-81
passed and adopted March 10, 1981, and FPL's written acceptance thereof dated March 27, 1981
granting to FPL, its successors and assigns, a thirty (30) year electric franchise ("Current
Franchise Agreement"); and
WHEREAS, FPL and the Town of Palm Beach desire to enter into a new agreement
(New Franchise Agreement) providing for the payment of fees to the Town of Palm Beach in
exchange for the nonexclusive right and privilege of supplying electricity and other electricity -
related services incidental thereto within the Town of Palm Beach free of competition from the
Town of Palm Beach, pursuant to certain terms and conditions, and
WHEREAS, the Town Council of the Town of Palm Beach deems it to be in the best
interest of the Town of Palm Beach and its citizens to enter into the New Franchise Agreement
prior to expiration of the Current Franchise Agreement;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF PALM BEACH, PALM BEACH COUNTY, FLORIDA AS FOLLOWS:
Section 1. Grant of Electric Utility Franchise; Term of Franchise. There is hereby
granted to Florida Power & Light Company, its successors and assigns (hereinafter called the
"Grantee "), for the period of 30 years from the effective date hereof, the nonexclusive right,
privilege and franchise (hereinafter called "franchise ") to construct, operate and maintain in,
under, upon, along, over and across the present and future public roads, streets, alleys, bridges,
easements, rights -of -way [and other public places] (hereinafter called "public rights -of- way ")
throughout all of the incorporated areas, as such incorporated areas may be constituted from time
to time, of the Town of Palm Beach, Florida, and its successors (hereinafter called the
"Grantor "), in accordance with the Grantee's customary practice with respect to construction and
maintenance, electric light and power facilities, including, without limitation, conduits, poles,
wires, transmission and distribution lines, and all other facilities installed in conjunction with or
ancillary to all of the Grantee's operations (hereinafter called "facilities "), for the purpose of
Ordinance No. 7 -11 Page 2 of 14
supplying electricity service and other electricity related services incidental thereto, which
services are defined as FPL's facility -to- facility data capabilities over the lines to identify faults,
load information, and other data necessary or helpful to the provision of electricity service, and
which do not include any services that are sold to others, to the Grantor and its successors, the
inhabitants thereof, and persons beyond the limits thereof.
Section 2. Facilities Requirements. The facilities of the Grantee shall be installed,
located or relocated so as to not unreasonably interfere with the convenient, safe, continuous use
or the maintenance, improvement, extension of any public "road" as defined under the Florida
Transportation Code, nor unreasonably interfere with reasonable egress from and ingress to
abutting property. To avoid conflicts, the location or relocation of all facilities shall be made as
representatives of the Grantor may prescribe in accordance with the Grantor's reasonable rules
and regulations with reference to the placing and maintaining in, under, upon, along, over and
across said public rights -of -way including, but not necessarily limited to, those reasonable rules
and regulations contained in Grantor's right -of -way manual, as may be amended, adopted
pursuant to Section 106-4 of the Code of Ordinances of the Town of Palm Beach, (the
"Standards Applicable to Public Rights -of -way and Easements Within the Town of Palm Beach);
provided, however, that any such rules or regulations (a) shall not prohibit the exercise of the
Grantee's right to use said public rights -of -way for reasons other than conflict with the standards
set forth above, (b) shall not unreasonably interfere with the Grantee's ability to furnish
reasonably sufficient, adequate and efficient electric service to all of its customers in accordance
with the applicable service requirements of the Florida Public Service Commission, and (c) shall
not require the relocation of any of the Grantee's facilities installed before or after the effective
date hereof in public rights -of -way unless or until widening or otherwise changing the
Ordinance No. 7 -11 Page 3 of 14
configuration of the paved portion of any public right -of -way used by motor vehicles causes such
installed facilities to unreasonably interfere with motor vehicular traffic. Such rules and
regulations shall recognize that above -grade facilities of the Grantee installed after the effective
date hereof should be installed near the outer boundaries of the public rights -of -way to the extent
possible and such installation shall be consistent with the Florida Department of Transportation's
Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets
and Highways. When any portion of a public right -of -way is excavated by the Grantee in the
location or relocation of any of its facilities, the portion of the public right -of -way so excavated
shall within a reasonable time commensurate with the nature and extent of the work being
performed and surrounding circumstances be replaced by the Grantee at its expense and in
accordance with the adopted standards of the Grantor in effect at the time of such excavation.
The Grantor shall not be liable to the Grantee for any cost or expense in connection with any
relocation of the Grantee's facilities required under subsection (c) of this Section, except,
however, the Grantee shall be entitled to reimbursement of its costs from others and as may be
provided by law.
Section 3. Indemnification of Grantor. Grantee shall indemnify and save harmless
Grantor, its officers, employees, agents and representatives from any and all claims, suits,
actions, damages, or causes of action arising during the term of this franchise, including
Grantor's reasonable attorneys' fees incurred in or by reason of defense of any such claim, for
any personal injury, loss of life or damage to property to the extent caused by the negligence,
default, or misconduct of Grantee, its employees, agents, or subcontractors in the construction,
operation or maintenance of its facilities hereunder.
Ordinance No. 7 -1 1 Page 4 of 14
Section 4. Rates, Rules and Regulations of Grantee. All rates, rules and regulations
established by the Grantee shall be in accordance with all adopted regulations applicable to the
Grantee as provided by law or administrative rule.
Section 5(a). Franchise Fee; Calculation; Payment. As a consideration for this franchise,
the Grantee shall pay to the Grantor, commencing 90 days after the effective date hereof, and
each month thereafter for the remainder of the term of this franchise, an amount which added to
the amount of all licenses, excises, fees, charges and other impositions of any kind whatsoever
(except ad valorem property taxes and non -ad valorem tax assessments on property) levied or
imposed by the Grantor against the Grantee's property, business or operations and those of its
subsidiaries during the Grantee's monthly billing period ending 60 days prior to each such
payment will equal 5.9 percent of the Grantee's billed revenues, less actual write -offs, from the
sale of electrical energy to residential, commercial and industrial customers (as such customers
are defined by FPL's tariff) within the incorporated areas of the Grantor for the monthly billing
period ending 60 days prior to each such payment, and in no event shall payment for the rights
and privileges granted herein exceed 5.9 percent of such revenues for any monthly billing period
of the Grantee. Grantee shall continue to receive franchise payments under the Current
Franchise Agreement during the period between the effective date of this New Franchise
Agreement and the first payment hereunder.
The Grantor understands and agrees that such revenues as described in the preceding
paragraph are limited to the precise revenues described therein, and that such revenues do not
include, by way of example and not limitation: (a) revenues from the sale of electrical energy for
Public Street and Highway Lighting (service for lighting public ways and areas); (b) revenues
from Other Sales to Public Authorities (service with eligibility restricted to governmental
Ordinance No. 7 -11 Page 5 of 14
entities); (c) revenues from Sales to Railroads and Railways (service supplied for propulsion of
electric transit vehicles); (d) revenues from Sales for Resale (service to other utilities for resale
purposes); (e) franchise fees; (f) Late Payment Charges; (g) Field Collection Charges; (h) other
service charges.
Section 5(b). Grantor's Option to Decrease or Increase Percentage Rate. It is further
provided that the Grantor shall have the option once annually, subject to all terms, conditions,
and limitations specified below, to increase up to a maximum of 5.9% or decrease to a minimum
of 0.9 %, the percentage used to calculate the amount to be paid by the Grantee pursuant to this
Section 5 (such percentage hereinafter sometimes referred to for purposes of this option as the
"percentage "). This option shall be exercised, if at all, by an ordinance duly adopted by the
Grantor in accordance with law, a certified copy of which must be delivered to the Grantee.
Such ordinance shall include a provision that the Grantor is exercising the option provided herein
and state the new percentage to be used in accordance with and subject to the terms, conditions
and limitations set forth in this Section 5. In no event may the Grantor, in exercising this option,
increase or decrease the percentage in increments of less than 1% from the percentage then in
effect. The Grantor's option hereunder is limited solely to the percentage used to calculate the
amount to be paid by Grantee pursuant to this Section 5, and no other section, provision or term
of this franchise shall or may be altered, amended or affected by the Grantor's exercise of this
option. Nothing herein shall require the Grantor to exercise its option hereunder. As a condition
precedent to the taking effect of the ordinance exercising the option, the Grantee shall file its
acceptance of the new rate with the Grantor's Clerk within 30 days after receipt by Grantee of a
certified copy of said ordinance. The effective date of the new rate shall be the date upon which
the Grantee files its acceptance.
Ordinance No. 7 -11 Page 6 of 14
Section 6. Favored Nations. If during the term of this franchise the Grantee enters into a
franchise agreement with any other municipality located in Palm Beach County, [where the
number of Grantee's active electrical customers is equal to or less than the number of Grantee's
active electrical customers within the incorporated areas of Grantor,] the terms of which provide
for the payment of franchise fees by the Grantee at a rate greater than 5.9% of the Grantee's
residential, commercial, and industrial revenues under the same terms and conditions as specified
in Section 5 hereof, the Grantee, upon written request of the Grantor, shall negotiate and enter
into a new franchise agreement with the Grantor in which the percentage to be used in
calculating monthly payments under Section 5 utilizing the same terms and conditions as set
forth in Section 5 hereof shall be that greater rate provided for such other municipality within
Palm Beach County; provided, however, that if the franchise with such other municipality within
Palm Beach County contains additional benefits given to Grantee in exchange for the increased
franchise rate, which such additional benefits are not contained in this franchise, such new
franchise agreement shall include those additional benefits to the Grantee.
Section 7. Non - Competition by Grantor. As a further consideration, during the term of
this franchise or any extension thereof, the Grantor agrees: (a) not to engage in the distribution
and /or sale, in competition with the Grantee, of electric capacity and/or electric energy to any
ultimate consumer of electric utility service (herein called a "retail customer ") or to any electrical
distribution system established solely to serve any retail customer formerly served by the
Grantee, (b) not to participate in any proceeding or contractual arrangement, the purpose or terms
of which would be to obligate the Grantee to transmit and/or distribute, electric capacity and/or
electric energy from any third party(ies) to any other retail customer's facililty(ies). Nothing
specified herein shall prohibit the Grantor from engaging with other utilities or persons in
Ordinance No. 7 -11 Page 7 of 14
wholesale transactions which are subject to the provisions of the Federal Power Act or from
utilizing generators and /or other electricity or energy - generating equipment during emergency
situations. Nothing herein is intended to restrict the Grantor from providing services other than
retail electricity service which is the subject of the Grantor's agreement not to compete set forth
in this paragraph. Grantor shall -not seek to have the Grantee transmit and/or distribute electric
capacity and /or electric energy generated by or on behalf of the Grantor at one location to the
Grantor's facility(ies) at any other location(s).
Nothing herein shall prohibit the Grantor, if permitted by law, (i) from purchasing
electric capacity and/or electric energy from any other person or entity, or (ii) from seeking to
have the Grantee transmit and/or distribute to any facility(ies) of the Grantor electric capacity
and /or electric energy purchased by the Grantor from any other person or entity.; provided,
however, that before the Grantor elects to purchase electric capacity and/or electric energy from
any other person, the Grantor shall notify the Grantee. Such notice shall include a summary of
the specific rates, terms and conditions which have been offered by the other person and identify
the Grantor's facilities to be served under the offer. The Grantee shall thereafter have 90 days to
evaluate the offer and, if the Grantee offers rates, terms and conditions which are equal to or
better than those offered by the other person, the Grantor shall be obligated to continue to
purchase from the Grantee electric capacity and/or electric energy to serve the previously
identified facilities of the Grantor for a term no shorter than that offered by the other person. If
the Grantee does not agree to rates, terms and conditions which equal or better the other person's
offer, all of the terms and conditions of this franchise shall remain in effect.
Section 8(a). Renewable Energy and Conservation. The parties recognize that it is in the
best interests of the Grantor, its residents, businesses, and inhabitants thereof to reduce and
Ordinance No. 7 -11 Page 8 of 14
control the growth rates of electric consumption; to reduce the growth rates of weather - sensitive
peak demand; to increase the overall efficiency and cost - effectiveness of electricity production
and use; and to encourage further development, installation, and use of demand -side and supply -
side renewable energy systems. To that end, Grantor and Grantee agree to use their best efforts
to cooperatively work each with the other to promote incentives for customer -owned and utility -
owned energy efficiency, energy conservation, demand -side renewable energy intended to offset
all or a part of a customer's electricity requirements.
Section 8(b). Grantor may, if permitted by law, (i) generate electric capacity and/or
energy at any facility owned by the Grantor for storage or utilization at that facility or other
Grantor facilities, operations or equipment; (ii) use renewable energy sources to generate electric
capacity and/or energy for use in demonstration projects or at Grantor's facilities, operations or
its equipment; and (iii) sell electric capacity and/or energy to Grantee or other wholesale
purchaser in compliance with applicable rules and regulations controlling such transactions.
Section 9. Competitive Disadvantage; Termination by Grantee. If the Grantor grants a
right, privilege or franchise to any other person or otherwise enables any other such person to
construct, operate or maintain electric light and power facilities within any part of the
incorporated areas of the Grantor in which the Grantee may lawfully serve or compete on terms
and conditions which the Grantee reasonably determines are more favorable than the terms and
conditions contained herein, the Grantee may at any time thereafter terminate this franchise if
such terms and conditions are not remedied within the time period provided hereafter. The
Grantee shall give the Grantor at least 90 days advance written notice of its intent to terminate.
Such notice shall, without prejudice to any of the rights reserved for the Grantee herein, advise
the Grantor of such terms and conditions that it considers more favorable and the objective basis
Ordinance No. 7 -11 Page 9 of 14
or bases of the claimed competitive disadvantage. The Grantor shall then have 90 days in which
to correct or otherwise remedy the terms and conditions complained of by the Grantee. If the
Grantee reasonably determines that such terms or conditions are not remedied by the Grantor
within said time period, the Grantee may terminate this franchise agreement by delivering
written notice to the Grantor's Clerk and termination shall be effective on the date of delivery of
such notice. Nothing contained herein shall be construed as constraining Grantor's rights to
legally challenge at any time Grantee's determination of competitive disadvantage leading to
termination under this Section 8.
Section 10. Legislative or Regulatory Action. If as a direct or indirect consequence of
any legislative, regulatory or other action by the United States of America or the State of Florida
(or any department, agency, authority, instrumentality or political subdivision of either of them)
any person is permitted to provide electric service within the incorporated areas of the Grantor to
a customer then being served by the Grantee, or to any new applicant for electric service within
any part of the incorporated areas of the Grantor in which the Grantee may lawfully serve, and
the Grantee reasonably determines that its obligations hereunder, or otherwise resulting from this
franchise in respect to rates and services, place it at a competitive disadvantage with respect to
such other person, the Grantee may, at any time after the taking of such action, terminate this
franchise if such competitive disadvantage is in the reasonable determination of Grantee not
remedied within the time period provided hereafter. The Grantee shall give the Grantor at least
120 days advance written notice of its intent to terminate. Such notice shall, without prejudice to
any of the rights reserved for the Grantee herein, advise the Grantor of the consequences of such
action which resulted in the competitive disadvantage. The Grantor shall then have 120 days in
which to correct or otherwise remedy the competitive disadvantage. If such competitive
Ordinance No. 7 -11 Page 10 of 14
disadvantage is in the reasonable determination of Grantee not remedied by the Grantor within
said time period, the Grantee may terminate this franchise agreement by delivering written notice
to the Grantor's Clerk and termination shall take effect on the date of delivery of such notice.
Nothing contained herein shall be construed as constraining Grantor's rights to legally challenge
at any time Grantee's determination of competitive disadvantage leading to termination under
this Section 9.
Section 11. Default by Grantee; Forfeiture. Failure on the part of the Grantee to comply
in any substantial respect with any of the provisions of this franchise shall be grounds for
forfeiture, but no such forfeiture shall take effect if the reasonableness or propriety thereof is
protested by the Grantee until there is final determination (after the expiration or exhaustion of
all rights of appeal) by a court of competent jurisdiction that the Grantee has failed to comply in
a substantial respect with any of the provisions of this franchise, and the Grantee shall have six
months after such final determination to make good the default before a forfeiture shall result
with the right of the Grantor at its discretion to grant such additional time to the Grantee for
compliance as necessities in the case require.
Section 12. Default by Grantor. Failure on the part of the Grantor to comply in
substantial respect with any of the provisions of this ordinance, including but not limited to: (a)
denying the Grantee use of public rights -of -way for reasons other than as set forth in Section 2;
(b) imposing conditions for use of public rights -of -way contrary to Florida law or the terms and
conditions of this franchise; (c) unreasonable delay in issuing the Grantee a use permit, if any, to
construct its facilities in public rights -of -way, shall constitute breach of this franchise and entitle
the Grantee to withhold all or part of the payments provided for in Section 5 only if a court of
Ordinance No. 7 -1 1 Page 11 of 14
competent jurisdiction has so determined, after expiration or exhaustion of all rights of appeal, or
until such time as a use permit is issued.
Section 13. Grantor's Right to Audit. The Grantor may, upon reasonable notice and no
more than once per year, at the Grantor's expense, examine the records of the Grantee relating to
the calculation of the franchise payment for the preceding year. Such examination shall be
during normal business hours at the Grantee's office where such records are maintained. Records
not prepared by the Grantee in the ordinary course of business may be provided at the Grantor's
expense and as the Grantor and the Grantee may agree in writing. Information identifying the
Grantee's customers by name or their electric consumption shall not be taken from the Grantee's
premises. Such audit shall be impartial and all audit findings, whether they decrease or increase
payment to the Grantor, shall be reported to the Grantee. The Grantor's right to examine the
records of the Grantee in accordance with this Section shall not be conducted by any third party
employed by the Grantor whose fee, in whole or part, for conducting such audit is contingent on
findings of the audit.
Grantor waives, settles and bars all claims relating in any way to the amounts paid by the
Grantee under the Current Franchise Agreement embodied in Ordinance No. 4 -81 not asserted in
writing by Grantor within two (2) years after the effective date of this Ordinance.
Section 14. Non - Waiver by Grantor. The Grantee recognizes and agrees that nothing in
this franchise agreement constitutes, or shall be deemed to constitute, a waiver of the Grantor's
rights and powers as provided for by law and not specifically addressed herein.
Section 15. Severability. Should any section or provision of this Ordinance or any
portion hereof be declared by a court of competent jurisdiction to be invalid, such decision shall
Ordinance No. 7 -11 Page 12 of 14
not affect the validity of the remainder hereof as a whole or any part hereof, other than the part
declared to be invalid.
Section 16. Person. As used herein "person" means an individual, a partnership, a
corporation, a business trust, a joint stock company, a trust, an incorporated association, a joint
venture, a governmental authority or any other entity of whatever nature.
Section 17. Notwithstanding any provision of this Ordinance, nothing herein shall
prevent, prohibit or in any way restrict the Grantor's ability to avail itself of all rights under, or to
take advantage of all applicable services set forth in, Grantee's tariffs as those tariff are approved
from time to time by Grantee's regulators.
Section 18. Conflicting Ordinances. Ordinance No. 4 -81, passed and adopted March 27,
1981 and all other ordinances and parts of ordinances and all resolutions and parts of resolutions
in conflict herewith, are hereby repealed.
Section 19. Condition Precedent: Acceptance by Grantee. As a condition precedent to
the taking effect of this ordinance, the Grantee shall file its acceptance hereof with the Grantor's
Clerk within 30 days of adoption of this ordinance. The effective date of this ordinance shall be
the date upon which the Grantee files such acceptance. Grantee's acceptance shall be in the form
as delineated in Exhibit A attached hereto.
Ordinance No. 7-11 Page 13 of 14
PASSED AND ADOPTED in a regular, adjourned session of the Town Council of the Town of
Palm Beach on first reading this 15 day of February 2011, and for second and final reading on
this 8 day of March 2011.
a L. Coniglio, Mayor tj j Davi A. Rosow, Town Council President
/Z 0 ,,,, ,,,,.'t.!\. e l4f i;*.: P.' ''' $ * t"/ a .-. ; s R o e '' k ildrick, Town Council President Pro Tem
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�« a� William J I iam Town Council Member
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ATTEST: Richard M. Kleid, Town Council Member
eitt iVitha 41 ' Cheryl Somers, Acting Town Clerk Michae J. Pucillo, wn Council Member
Ordinance No. 7 -11 Page 14 of 14
01 l
EXHIBIT A
ACCEPTANCE OF ELECTRIC FRANCHISE
ORDINANCE NO. 7 -11
BY FLORIDA POWER & LIGHT COMPANY
Town of Palm Beach, Florida April 1, 2011
Florida Power & Light Company does hereby accept the electric franchise in the Town of Palm
Beach, Florida, granted by Ordinance No. 7 -11, being:
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
PALM BEACH, PALM BEACH COUNTY, FLORIDA, GRANTING
TO FLORIDA POWER & LIGHT COMPANY, ITS SUCCESSORS
AND ASSIGNS, AN ELECTRIC FRANCHISE, IMPOSING
PROVISIONS AND CONDITIONS RELATING THERETO,
PROVIDING FOR MONTHLY PAYMENTS TO THE TOWN OF
PALM BEACH, AND PROVIDING FOR AN EFFECTIVE DATE.
which was passed and adopted on March 8, 2011.
This instrument is filed with the Town Clerk of the Town of Palm Beach Florida, in accordance
i
with the provisions of Section 19 of said Ordinance.
FLORIDA POWER & LIGHT COMPANY
By 01114,1 ` UALS
.
Pamela M. Rauch, Vice President
STATE OF FLORIDA
COUNTY OF PALM BEACH ��
The foregoing oin instrument was acknowledged before me this day of�! n , t'�V� -'', 2011 by
Pamela M. Rauch of Florida Power & Light Company, a Florida corporation, on behalf of the
corporation, who is personally known to me.
4 s 1;, „
u . ANNE R. MILLER
Otu
? Notary Public • State of Florida P NOTARY PUBLIC Signature
! y •iii a ` My Comm, Expires Dec 8, 2014 1
° %t>;;�' Commission # EE 47989
I HEREBY ACKNOWLEDGE rece pt of the above Acceptance of Electric Franchise Ordinance
No. 7 -11 by Florida Power & Light Company, and certify that I have filed the same for record in
the per mane nt files and records of the Town of Palm Beach, Florida on this I day of
, 2011.
.L ) • ' . . o.+ Clerk, Town of Palm Beach, Florida
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'L',,, Denise Carmona
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April 1, 2011
Mr, Peter B, Elwell
Town Manager
Town of Palm Beach
360 South County Road
Palm Beach, FL 33480
Re: Florida Power & Light Company (FPL)
Dear Mr. Elwell:
Please accept this letter as acknowledgment and agreement by FPL to the following:
(1) Vegetation Management. FPL will work diligently, cooperatively, and in good faith with
appropriate Town officials to formalize a process, subject to applicable legal and regulatory requirements,
by which FPL will provide advance notice to the Town of planned vegetation maintenance and tree pruning
or trimming activities, and by which effective lines of communication between the Town and FPL are
established to facilitate resolution of any differences between the parties with respect to those activities,
(2) UndergroundinglHardeninq. Subject to FPL's tariff and Florida Public Service
Commission rules, FPL agrees to work cooperatively and collaboratively with the Town with respect to: (a)
potential underground conversions of electric distribution facilities and (b) provide information of any
planned underground conversions or hardening efforts of FPL's existing overhead facilities within the
incorporated areas of the Town, Additionally, FPL will provide annually a copy of its Ten Year Site Plan.
Under separate cover, FPL will delineate which underground conversion and /or hardening projects included
In the Ten Year Site Plan are applicable to the Town.
FPL has enjoyed an ongoing cooperative relationship with the Town of Palm Beach, and we look
forward to a continuing cooperative effort in the future.
Sinc - rely,
. ki/i6
Ethel Isaacs Williams
External Affairs Manager
cc: Patrick M. Bryan, Esquire
Thomas G. Bradford, Deputy Town Manager
H, Paul Brazil, Director of Public Works
John C. Randolph, Town Attorney
Florida Power & Light Company
700 Universe Boulevard, Juno Beach, FL 33408
TOWN OF PALM BEACH
Town Council Meeting on: March 8, 2011
Section of Agenda
Ordinances - Second Reading
Agenda Title
ORDINANCE NO. 7 -11 An Ordinance Of The Town Council Of The Town Of Palm
Beach, Palm Beach County, Florida, Granting To Florida Power & Light Company, Its
Successors And Assigns, An Electric Franchise, Imposing Provisions And Conditions
Relating Thereto, Providing For Monthly Payments To The Town Of Palm Beach, And
Providing For An Effective Date.
Presenter
Thomas G. Bradford, Deputy Town Manager
Supporting Documents
• Ordinance No. 7 -11
• Patrick Bryan Email, F.S.73.0715 and Draft PBE Letter
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NO. 7 -i1 J- Q a) zo
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The folbwin Ordinance Number 7.11, sY a f, O Z — 0
published by caption only, which will be �••• ' Q ro O = N N O T
'•
read and shall be adopted at the Town '. ! 7 A A Q C T r
Council Meeting held in the Town Hall Z " Q - .3 m o G 7 - O
Council Chambers at 360 South County
CD
Road, Palm Beach, Florida, on the 8th < C N 7 ? m Q• > =
day of March, 2011, will be presented -4 Q CT 0 , 7 t7 (D ; L'
for a second reading in the Town Hall ' c/ 9 N 7. 0 - c!s
Council Chambers at 360 South County m N 2 W
Rood, Palm Beach, Florida, on the 8th y % � , 3 Q o 7 IT -0 day of March, 2011, at 9:30 a.m. Any 3 -r N c
interested party may appear at said E n c
meeting and be heard with respect b . ac ? () 1111"— Q- N co N Q 1
this proposed Ordinance. The subject o A 6 Q C — j-
p at the Town on floor i3 N t u D m , O 0 0 0 Q 0 y CD =
Bulletin Board, at in the O of the a !e �p C
Town Clerk. Li •(D O 3 Q 7 Q m
ORDINANCE NO. 7-11 3 m c CD co
p 3 CO 0_ Q ..t: AN ORDINANCE OF THE TOWN a 7 Q (D �• p D
COUNCIL OF THE TOWN OF y A 7 p y Q r
COUN Y, F ORIDA, GRANTING O Q Q 0 0 Q 3
TO FLORIDA POWER & 11GHT �j N — • — 3
COMPANY, ITS SUCCESSORS as Q K ..< 0 - - (D co
AND ASSIGNS, AN ELECTRIC 0 Q Q T Q 0+ to
PROVISIONS ANDCONDITTIONS '\ Us 7 O Q D
RELATING THERETO, PROVIDING /�
FOR MONTHLY PAYMENTS TO � ' Q C CD N N /
THE TOWN OF PALM BEACH, Q co Q x C
AND PROVIDING FOR AN (D I— n •G 7 0
EFFETIVE DATE. Q O Q- Q- 0 D" L Q•
Q
Pursuant to Florida Statute 286.0105, amai a C 7 > p 7
please be advised that if any person C Q Q fl. 0 C (D 7
decides to appeal any decision made
by the Town Council with respect to 1 ■ e t, D- 7 Q 7 -1- Q Z N r
D- CD any matter considered at this meeting, 7 f , O 0 O
a record of these proceedings will be O O .- Q Q - 11 C -
needed, and that, f or s uch purpose, l'• Q () 7 50 CD Z
such person may need to ensure that j O T- Q 3 m
a verbatim record of the proceedings
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is made, which record includes the Z O m , � Q .< (D Q (D (D
ap to be basedce upon which the -... 1 '__, \ D Q O C O - O � `
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Cheryl Somers r N O G L " 7 Q c
Acting Town Clerk m m m co (D O (D ( Q
Town of Palm Beach y_ Q N Q
PUBLISH: Palm Beach Daily • � () Q N
News Thursday, February ? 3 N 0
124, 2011 ti
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