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Ord No 19-14-2197ORDINANCE NO.19-14-2197 AN ORDINANCE 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 CITY OF SOUTH MIAMI,AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the CityCommissionoftheCityof South Miami,Florida recognizes that the Cityof South Miami (the "City")and its citizens need and desire the continued benefits of electric service;and WHEREAS,the provision of such service requires substantial investments of capital and other resources in order to construct,maintain and operate facilities essential to the provision of such service in addition to costly administrative functions,and the City does not desire to undertake to provide such services at this time;and WHEREAS,Florida Power &Light Company ("FPL")isapublic utility which has the demonstrated abilityto supply such services;and WHEREAS,there is currently in effect a franchise agreement between the City and FPL,the terms ofwhich are set forthinCity Ordinance No.7-84-1202, passed and adopted May 15,1984,and FPL's written acceptance thereof dated May 18,1984 grantingtoFPL,its successors and assigns,athirty(30)year electric franchise ("Current Franchise Agreement").Asaresultof short extensions passed and adopted by the CityonMay14,2014 and on August 19,2014,respectively,and accepted byFPL,the Current Franchise Agreement expires on September 18,2014; and 1 Ord.No.19-14-2197 WHEREAS,FPL and the City(collectively,the "Parties")desire to enter into a new agreement ("New Franchise Agreement")providing for the payment of fees to the Cityin exchange for the nonexclusive right and privilegeof supplying electricity within the City free of competition from the City,pursuant to certain terms and conditions;and WHEREAS,the City Commission deems itto be in the public interest to enter into this agreement addressing certain rights and responsibilities of the Parties as they relate to the use of the public rights-of-way within the City's jurisdiction. NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA: Section 1.The foregoing recitals are hereby found to be true and correct, and are incorporated herein and adopted and approved as if set out at length. Section 2.There is hereby granted toFPL,its successors and assigns,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 roads,streets,alleys, bridges,easements,rights-of-way and other public places (hereinafter called "public rights-of-way")throughout allof the incorporated areas,as such incorporated areas may be constituted from time totime,of the City and its successors,in accordance with FPUs customary practices,and practices prescribed herein,with respect to construction and maintenance of the electrical light,power and related facilities, including,without limitation,conduits,underground conduits,poles,wires, transmission and distribution lines,and all other facilities installed in conjunction with Ord.No.19-14-2197 orancillarytoFPL'sprovision of electricityand other services (hereinafter called "facilities")to the Cityandits successors,the inhabitants thereof,and persons beyond the limits thereof. Section 3.(a)FPUs facilitiesshall be so located,relocated,installed, constructed and so erected astonot unreasonably interferewith the convenient, safe,continuous use or the maintenance,improvement,extension or expansion of any public "road"as definedunderthe Florida TransporationCode,nor unreasonably interferewith reasonable egress from and ingress toabutting property, (b)To minimize such conflictswiththe standards set forth in subsection (a) above,the location,relocation,installation,construction or erection of all facilities shall be made as representatives of the City may prescribe in accordance withall applicablefederaland state laws,andpursuantto the City'svalidrulesand regulationswith respect to utilities'use ofpublicrights-of-wayrelativeto the placing andmaintaining in,under,upon,along,overand across saidpublic rights-of-way, provided such rules and regulations: (i)shall be foravalidmunicipal purpose; (ii)shallnot prohibit the exercise ofFPL'srightsto use said public rights-of-way for reasons other than conflict with the standards set forth above; shallnot unreasonably interferewithFPL'sabilityto furnish reasonably sufficient,adequate and efficient electric service to all its customers whilenot conflicting with the standards set forth above;or Ord.No.19-14-2197 (iv)shallnotrequirerelocationof any ofFPL'sfacilities installed,before or after the effective date hereof,in any publicright-of-way,unless oruntil widening or otherwise changing the configuration of the paved portion of any publicright-of-way causes the facilitiesto unreasonably interfere with the convenient,safe,or continuous use,or the maintenance,improvement,extension,or expansion of any such public"road,"or unless such relocation is required by state or federal law. (c)Such rulesand regulations shall recognize that FPL's above-grade facilities installed after the effective date hereof should,unless otherwise permitted, be installed near the outer boundaries of the public rights-of-way to the extent possible. (d)When any portionofapublicright-of-wayis excavated,damaged or impaired by FPLor any of its agents,contractors or subcontractors because of the installation,inspection,orrepairofanyofits facilities,the portion so excavated, damaged orimpairedshall,withina reasonable timeand as early as practicableafter such excavation,be restoredtoaconditionequaltoor better thanits original condition before such damage byFPLatits expense. (e)The CityshallnotbeliabletoFPLfor any cost or expense incurredin connection with the relocationof any ofFPL'sfacilitiesrequired under this Section, except,however,that FPL may be entitled to reimbursement of its costs and expenses from others and as providedbylaw. Ord.No.19-14-2197 Except as expressly provided,nothinghereinshall limit oralter the City's existing rightswith respect to the use or management ofitsrights-of-way that arenot otherwise preempted by the state orfederal government. Section 4.The acceptance of this New Franchise Agreement shall be deemed an agreement on the partofFPLto the following:(a)to indemnify and save the City harmless from any andall damages,claims,liability,losses and causes of action of any kindor nature arising out of a negligent error,omission,or act of FPL, its Contractor or any of their agents,representatives,employees,or assigns,or anyone else acting by or through them,and arising out of or concerning the construction,operation or maintenance of itsfacilities hereunder;(b)to pay all damages,claims,liabilities and losses of any kindor nature whatsoever,in connection therewith,including the City's attorney's fees and expenses in the defense of any actioninlawor equity brought against the City,including appellate fees and costs and fees and expenses incurredto recover attorney's fees and expenses fromFPL,arisingfrom the negligent error,omission,or act of FPL,its Contractororanyoftheir agents,representatives,employees,or assigns,or anyone else actingbyorthroughthem,and arising outoforconcerningtheconstruction, operation or maintenance of itsfacilities hereunder. Section 5.Allratesandrulesandregulations established byFPLfromtime totimeshall be subject tosuch regulation asmaybeprovidedby law. Section 6(a).As aconsideration for thisfranchise,FPLshallpayto the City, 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 Ord.No.19-14-2197 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)leviedor imposed by the City against FPL'sproperty,business or operations and those of its subsidiaries duringFPL's monthly billingperiod ending 60 days priorto each such payment will equal six percent of FPL's billed revenues,less actual write-offs,from the sale ofelectrical energy to residential,commercial and industrial customers (as such customers are defined byFPL's tariff)within the incorporated areas of the Cityforthemonthly billing period ending 60 days prior to each such payment.In no event shall payment for the rightsandprivilegesgranted herein exceed 6percentof such revenues for anymonthly billing periodof FPL.For clarity,actual write-offs will be subtracted fromFPL'sbilled revenues.In the event FPL subsequently collects previouslywritten-offbilled revenues from the sale of electrical energyto residential,commercial,and industrial customers,FPL shall pay to the Citya franchise payment on such revenues in accordance with the formula set forth above inthisSection6(a).FPL shallcontinuetoremitpaymentinamanner consistent withtheCurrent Franchise Agreement until the first payment isdueunder this New Franchise Agreement. The City understands and agrees that such revenues as described in the preceding paragraph are limited,asintheexistingfranchiseOrdinance No. 7-84-1202,to the precise revenues described therein,and that such revenues do not include,by way of example andnot limited to:(a)revenues from the sale ofelectrical energy for Public Streetand Highway Lighting (service for lighting public waysand areas);(b)revenues from Other Salesto Public Authorities (service with eligibility Ord.No.19-14-2197 restrictedto governmental entities);(c)revenues from Sales to Railroads and Railways (service supplied forpropulsion of electric transit vehicles);(d)revenues from Sales for Resale (service to other utilitiesfor resale purposes);(e)franchise fees;(f)Late Payment Charges;(g)FieldCollection Charges;(h)other service charges. (b)If during the term of this franchise FPL enters intoa franchise agreement with any other municipality located in Miami-Dade County orBroward County,Florida,where the number of FPL's meters for active electrical customers does not exceed the number of meters for FPL's active electrical customers within the incorporated area of the City by more than one hundred and fifty(150)percent, the terms of which provide for the payment of franchise fees by FPLatarate greater than 6 percent of FPL's residential,commercial and industrial revenues (as such customers are defined by FPL'stariff),under substantially similar terms and conditions as specified in Section 6(a)hereof,FPL,upon written request of the City, shall negotiate and enter intoa new franchise agreement with the Cityin which the percentage to be used incalculating monthly payments under Section 6(a)hereof shall be no greater than that percentage which FPL has agreed to use as a basis for the calculation of payments to the other municipality,provided however,that such new franchise agreement shall include additional benefits toFPL,inadditiontoall benefits providedherein,atleastequalto those,ifany,providedbyitsfranchise agreement with the other municipality.Subject toall limitations,terms and conditions specified in the preceding sentence,the Cityshall have the sole discretion to determine the percentage tobe used incalculating monthly payments,andFPLshall Ord.No.19-14-2197 have the sole discretion to determine those benefits to which it would be entitled, under any such new franchise agreement. (c)The City reserves the unilateralrightatits sole discretion and at any time during the term of this franchise,but only once per calendar year,to reduce or increase the franchise fee percentage rate upon 120 days written notice toFPL, provided that the franchise fee percentage rateshallinno event exceed 6 percent or be reduced to zero percent. (d)The City's options hereunder shall be limited solely to the percentages or calculations of the amount of the franchise fee to be paid by FPL as consideration for this franchise as specifically set forthin this Section 6.Except as provided in this Section 6,no other Section of this New Franchise Agreement may be altered, amended or affected by the City without the written concurrence of FPL,and nothing herein shall require the Cityto exercise any of its options hereunder. Section 7.(a)As afurther consideration,during the term of this franchise or any extension thereof,the City agrees:(a)not to engage in the distribution and/or sale,in competition withFPL,of electric capacity and/or electric energy to any other ultimate consumer of electric utility service (herein called a"retail customer11)orto any electrical distribution system established solely to serve any retail customer formerly served by FPL other than the City,and(b)nottoparticipatein any proceeding or contractual arrangement,the purpose or terms of which would be to obligate FPLto transmit and/or distribute electric capacity and/or electric energy from any third party(ies)to any other retail customer's facility(ies).Nothing specified Ord.No.19-14-2197 herein shallprohibit the Cityfrom engaging with other utilitiesor persons in wholesale transactions which are subject to the provisions of the Federal Power Act. (b)Nothing herein shallprohibitorlimita customer of FPL,including the City,if permitted bylaw,frominstallingan approved renewable generation system to generate electric energy for use at the customer's or the City's premises respectively.Furthermore,nothing herein shallprohibitorlimita person,including the City,if permitted by law,fromselling renewable energy or capacity toFPL. Section 8.If the City grants a right,privilegeor franchise to any other person to provide retail electric service within any part of the incorporated areas of the Cityin which FPL may lawfully serve or compete on terms and conditions which FPL reasonably determines are more favorable than the terms and conditions contained herein,FPL may at any time thereafter terminate this franchise if such terms and conditions arenot revised within the time period provided hereafter.FPL shall give the Cityat least one hundered eighty (180)days advance written notice of itsintentto terminate.Such noticeshall,withoutprejudiceto any of the rights reserved forFPL herein,advise the City of such terms and conditions that it considers more favorable and the objective basis or bases of the claimed competitive disadvantage.The Cityshall then have ninety(90)days inwhichto corrector otherwise remedy the terms andconditions complained ofbyFPL.IfFPL determines thatsuchtermsorconditionsarenotremediedbytheCity within said timeperiod,FPL may terminate thisfranchise agreement bydeliveringwrittennotice by Certified United States Mail tothe City's Clerk with copiestothe Mayor,theCity Manager and the City Attorney andterminationshall be effective on the date of Ord.No.19-14-2197 delivery of such notice.Nothing contained herein shall be construed as constraining the City's rightstolegally challenge at any time FPL's determination leading to termination under this section. Section 9.If as adirectorindirect 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 orpolitical subdivision of either of them)any person who offers retail electric service to the publicis permitted to provide electric service within the incorporated areas of the Cityto any applicant for electric service within any part of the incorporated areas of the Cityin which FPL may lawfully serve,and FPL reasonably determines that its obligations hereunder,or otherwise resulting from this franchise in respect to rates and service,place itata competitive disadvantage with respect to such other person,FPL may,at any time after the taking of such action,terminate this franchise if such competitive disadvantage resulting from this fanchise is not remedied within the time period provided hereafter.FPLshall give the Cityat least 180 days advance written notice of its intent to terminate.Such notice shall,without prejudice to any of the rights reserved forFPL herein,advise the City of the consequences of such action which resulted in the competitive disadvantage.The Cityshall then have 90 days in which to correct or otherwise remedy the competitive disadvantage.If such competitive disadvantage is not remedied by the Citywithin said time period,either by a franchise agreement with such other person or otherwise,FPL may terminate this franchise agreement by delivering written notice to the City'sClerk and termination shall take effect on the date of delivery of such notice.Agreement by the Citywith 10 Ord.No.19-14-2197 such otherperson to enter intoa franchise containing substantially the same terms as those providedhereinshall be asufficient,butnot exclusive,remedy precluding FPL's termination of thisfranchise.Nothing contained hereinshall be construed as constraining the City'srightstolegally challenge at any timeFPL'sdetermination leading to termination under this section. Section 10.Failure onthepartof FPL tocomplyinanysubstantial respect with any of the provisionsofthisfranchiseshallbegroundsfor forfeiture,butno such forfeiture shall take effect ifthe reasonableness or propriety thereof isprotestedby FPL until there is final determination(afterthe expiration or exhaustion ofallrightsof appeal)byacourt of competent jurisdiction thatFPL has failedto comply ina substantial respect with any of the provisionsofthisfranchise,andFPLshall have six months after such final determination to make good the default before aforfeiture shall result with the rightof the Cityatits discretion togrant such additional time to FPLfor compliance as necessities in the case may warrant. Section 11.Failure on the partof the Cityto comply insubstantial respect with any of the provisionsofthisNewFranchise Agreement,includingbutnotlimited to:(a)denying FPL use of public rights-of-way for reasons other than as set forthin Section 3ofthisNewFranchiseAgreement;(b)imposingconditionsfor use ofpublic rights-of-way contrary toFederalor Florida lawor the terms and conditions of this franchise;(c)unreasonable delayinissuingFPLa use permitto construct its facilities inpublic rights-of-way,shallconstitutebreachofthisfranchise.FPLshallnotify the Cityofanysuchbreachin writing sentby Certified United States Mail orvia nationally recognized overnightcourierandtheCityshallthen remedy such breach as soon as 11 Ord.No.19-14-2197 practicable.Should the breach not be timely remedied,FPLshall be entitled to seek a remedy available under lawor equity froma court of competent jurisdiction, including the withholding of the payments provided forin Section 8 as a court of competent jurisdiction determines to be just and reasonable under all the circumstances hereof until such time as a use permit is issued ora court of competent jurisdiction has reached afinal determination dispositive of the matter. Section 12.The Parties tothis franchise agree that itisin each of their respective best interests to avoid costly litigation as a means of resolving disputes which may arise hereunder.Accordingly,the Parties agree that priorto pursuing their available legal remedies,they will meet at the senior management level in an attempt to resolve any disputes.If such informal efforts are unsuccessful after a reasonable period of time,or when an impasse is declared by the Parties,then the Parties may exercise any of their available legal remedies. Section 13.The City may,upon reasonable notice and within 90 days after each anniversary date of this franchise,at the City's expense,examine the records of FPLrelatingto the calculation of the franchise payment for the year preceding such anniversary date.Such examination shall be during normal business hours atFPL's office where such records are maintained.Records not prepared byFPLin the ordinary course of business or as requiredherein may be provided at the City's expense and as the CityandFPL may agree inwriting.InformationidentifyingFPL's customers by name or their electric consumption shall not be taken from FPL's premises.Such auditshall be impartialandallauditfindings,whether they decrease or increase payment to the City,shall be reportedto FPL.The City'srightto examine 12 Ord.No.19-14-2197 FPL's records in accordance with this Section shall not be conducted by any third party employed by the City whose fee,in whole orpart,for conducting such auditis contingent onfindings of the audit. The City waives,settles and bars all claims relatingin any way to the amounts paidbyFPL under the Current Franchise Agreement embodied in Ordinance No.7-84-1202,however,thisprovisionshall not be construed to waive, settle orbar claims relatingto any amounts due after the effective date of this New Franchise Agreement,including those amounts to be paidina manner consistent with the terms of the CurrentFranchise Agreement until the first payment is made under this New Franchise Agreement. Section 14.The provisionsofthis ordinance are interdependent upon one anotherandifanyoftheprovisionsofthisordinancearefoundoradjudgedtobe invalid,illegal,voidorofno effect byacourtof competent jurisdiction (afterthe expirationofallrightsofappeal),such finding oradjudicationshallnot affect the validity ofthe remaining provisions for a period ofninety(90)days,during which,this agreement may be amended by the Parties.Ifan agreement to amend the ordinanceisnotreachedattheendofsuchninety(90)day period,thisentire ordinance shall then become null and void,and of no further force or effect. Section15.The City acknowledgesitis fully informed concerning the existing franchise granted by Miami-Dade County,Florida,to FPL,andacceptedby FPL assetout in Ordinance No.60-16 adopted on May 3,1960,and subsequently renewedandacceptedby FPL assetout in Ordinance No.89-81 adoptedon September 5,1989 bythe Board of County Commissioners of Miami-Dade County, 13 Ord.No.19-14-2197 Florida.The City agrees to indemnify andholdFPL harmless against any andall liability,loss,cost,damage and expense incurredbyFPLin respect to any claim asserted byMiami-Dade County against FPLarisingout of the franchise set out in the above referenced ordinances for the recovery of any sums of money paid by FPL to the City under the terms of this New Franchise Agreement.FPL acknowledges and the City hereby relies,inpart,on then Dade County Resolution No.R-709-78 adopted on June 20,1978 in the granting of this franchise. Section 16.As used herein "person"means anindividual,a partnership,a corporation,a business trust,ajoint stock company,a trust,an incorporated association,ajoint venture,a governmental authorityor any other entity of whatever nature. Section 17.Ordinance No.7-84-1202,passed and adopted May 15,1984 and all other ordinances and parts of ordinances and all resolutions and parts of resolutions in conflict herewith,are hereby repealed. Section 18.This New Franchise Agreement shall be governed and construed by the laws and administrative rules of the State of Florida and the United States.In the event that any legal proceeding isbroughtto enforce the terms ofthis franchise,itshall be broughtbyeitherpartyheretoinMiami-DadeCounty,Florida, or,ifa federal claim,in the U.S.District Court in and for the Southern District of Florida,Miami Division. Section 19.This New Franchise Agreement is intended to constitute the entire agreement between theCityand FPL with respect to the subject matters hereof,andit supersedes all prior draftsandverbalorwritten agreements, 14 Ord.No.19-14-2197 commitments,or understandings,which shallnot be used to vary or contradict the expressed terms hereof. Section 20.Except in exigent circumstances,and except as otherwise may be specifically provided forin this franchise,all notices by either partyshall be made by Certified United States Mail orvia nationally recognized overnight courier service. Any notice given by facsimile or email is deemed to be supplementary,and does not alone constitute notice hereunder.All notices shall be addressed as follows: To the City: City Manager City Hall,1st Floor 6130 Sunset Drive South Miami,FL 33143 Copy to: City Attorney 1450 Madruga Avenue Suite 202 Coral Gables,FL 33146 To FPL: Vice President,External Affairs 700 Universe Boulevard Juno Beach,FL 33408 Copy to: General Counsel 700 Universe Boulevard Juno Beach,FL 33408 Any changes tothe above shallbein writing and provided totheotherpartyassoon as practicable. Section21.As a condition precedenttothetaking effect oftheNew Franchise Agreement,FPL shall file itsacceptancehereof with the City's Clerk within 30 days of adoption of this ordinance.The effective date of the New Franchise Agreement shallbethedateuponwhich FPL files suchacceptance. 15 Ord.No.19-14-2197 PASSED AND ENACTED this 16th day of September,2014. ATTEST: CITY CLERK 1st Reading =9/2/14 2nd Reading-9/16/14 APPROVED: flJjffJUij MAYOR READAND APPROVED ASJX)FORM,COMMISSION VOTE:4-1 I^NGUAG^^GALITYAI^D Mayor Stoddard:YeaEXECJ^^N THEREOf S Vice Mayor Harris:Yea Commissioner Edmond:Nay Commissioner Liebman:Yea Commissioner Welsh:Yea CITY/ATTORNEx 16 ACCEPTANCE OF ELECTRIC FRANCHISE ORDINANCE NO.19-14-2197 BY FLORIDA POWER &LIGHT COMPANY Cityof South Miami,Florida October 1,2014 Florida Power &Light Company does hereby accept the electric franchise in the Cityof South Miami,Florida,granted by Ordinance No.19-14-2197,being: AN ORDINANCE 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 CITY OF SOUTH MIAMI,AND PROVIDING FOR AN EFFECTIVE DATE. which was passed and adopted on September 16,2014. This instrument isfiledwith the CityClerkof the Cityof South Miami,Florida,in accordance with the provisions of Section 21of said Ordinance. STATE OF FLORIDA COUNTY OF PALM BEACH FLORIDA POWER &LIGHT COMPANY By TJ/fttfM X-rfax/xA Pamela M.Rauch,Vice President The foregoing instrument was acknowledged before me 2014 by Pamela M.Rauch ofFlorida Power &Light Company of the corporation,whois personally knowntome. ie Ms^O day of^^y/r^/. ,a Florida corporation,onbeha ^p«,Notary Public State of Floridaflg\Beverly ACalderon\IC i My Commission EE017269VoV</Expires 10/18/2014 I HEREBY ACKNOWLEDGE receiptoftheabove Acceptance of Electric Franchise Ordinance No.19-14-2197 by Florida Power&Light Company,and certify that I have filed the same^for record in the pepanent files and records ofthe City ofSouth Miami,Florida onthis I4*day of &g>£d-iUi,.2014. (SEAL) MIAMI DAILY BUSINESS REVIEW PublishedDaily except Saturday,Sunday and LegalHolidays Miami,Miami-DadeCounty,Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Beforethe undersigned authority personally appeared MARIAMESA,whoon oath says that he or she isthe LEGALCLERK,LegalNoticesoftheMiamiDaily Business Reviewf/k/aMiamiReview,adaily (except Saturday,Sunday and Legal Holidays)newspaper,published at Miamiin Miami-Dade County,Florida;that the attached copy of advertisement, being aLegal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING FOR 9/16/2014 in the XXXX Court, was published in said newspaper in the issues of 09/05/2014 Affiantfurther says thatthesaidMiamiDaily Business Review isa newspaper published at Miamiin said Miami-Dade County,Floridaandthatthe said newspaper has heretoforebeen continuously publishedinsaid Miami-Dade County, Florida,eachday(exceptSaturday,Sunday andLegalHolidays) and has been entered as second class mailmatteratthepost officein Miami insaidMiami-DadeCounty,Florida,fora periodofoneyearnextprecedingthefirstpublicationofthe attached copyofadvertisement;andaffiantfurther says thatheor shehasneitherpaid non^r^oiLsecLaQyperson,firm or corporation any discount,rfibaJjgrc^mTnission orrefund for the purpose ealring this advertisement for publication in the said r newspaper. (SEAL) MARIA MESA personally knowntome B.THOMAS*&Notary Public-State of Rorida Wj»i?fe Commission #FF W/*'f MIAMI HERALD I MiamiHerald.com SE SUNDAY,SEPTEMBER 7,2014 |31SE POLICE REPORT made with him. Amailcarriercalledpolice about1230pon.Aug.14after he noticed a brokenwindow at a residence in the 8200 block of Southwest 133rd Street.Police determined that a thief broke into the house and took an unknown number ofitems. •KENDALL A thief smashed the left rear window of a white 2012 Cadillac Escalade EXT and stole all four rims and tires while the vehicle was in the driveway of a residence in the12000 block of South west 100th Avenue be tween 9 p.m.Aug.4and8:45 am.Aug.5.Damageandloss were estimated at $3,000. tification fraud.The wo man,who livesin the 8900 block of Southwest 150th Street said that someone used her personal identifi cationinformationtotryto changeherhomeandemail addresses on record at her bank on Aug.18. Police were called inrefer ence to a bank fraud after a man,who lives in the 7200 block of Southwest 174th Street,fraudulentlycashed aforged check tohisbank account on Aug.E •CORAL GABLES One or more thieves broke into and ransacked a resi dence in the 2000 block of Red Road between noon and6:45 p.m.Aug.7. •SOUTH MIAMI A vandal painted redgraf fitionthesignattheRosie Lee Wesley Health Center at 6601 SW 62nd Ave.be tween7pjn.July18 and 7:45 a.m.July2LDamagewases timated at $220. A thief shattered the front passenger window of a black 2010 Audi TT and stoleabackpack,an Apple MacBook Pro,and a Duo- foldpen,allvaluedat $2,365, inaparkinglotinthe 6200 block of South Dixie Highway between 5-J5 and 6*30 p.m.July22. •PINECREST A woman reported dam ageto her 2012 Hyundai when she arrived at the po lice department at 2:15 p.m, July28.The woman,who lives in the 11800 block of Southwest 69th Avenue, said the vehicle had been parked in an unfenced driveway sinceJuly26and had not been moved again until she discovered the damage,which isvaluedat $2,300. Police were called to the Bank of America at 9101 S. Dixie Hwy.about 4:15 p.m. July28in reference to verbal threats.The victim reported thata customer had verbally threatened her.The victim toldpolicethat when the of fender arrived at the bank and inquired why hisac counts had been closed,he became loud and offensive. When the offender was asked to leave,he was re ported to have said,"Don't worry,I will take care of you."The offender wasnot onthe scene when policear rived and contact was not •PALMETTO BAY a thief broke into and ran- A woman called policein sacked a residence in the referencetoa personal iden-100 block of Oak Avenue between noon Aug.7and 930ajn.Aug.9. A 20-year-old woman was arrested and charged with grandtheftaftershetriedto steal $3,088 worth of mer chandise from the Nord strom Department storeat 4310 Ponce de Leon Blvd. between 2:30 and 3 p.m. Aug.6. A 51-year-old woman be camea victim of a strong arm robbery in the 500 blockof Biltmore Way be tween 3and 3:15 p.m.Aug.6. •CUTLER BAY A thief broke intoagray 2013 Toyota Tundra and stole tools valued at $2,000 from the driveway of aresi dence in the 10500 block of Southwest 200th Ter race between 6 pan.July30 and10 am.July3L A thief broke into a silver 2007Toyota RAV4 and stole $5inchangewhilethevehi clewasparkedinthedrive way of a residence in the 18500 block of South west 87th Court between 4 p.nu July24and 930 a.m. July21 A thief broke into a black 2007 Dodge Ram 3500 parked alongthe roadside near Southwest 103rd Avenue and Caribbean Boulevard,and stole sever al tools and a wallet,allval ued at $9,100,between 12:45 and lam.July 19. This listisa sampling of crimesreportedin Manor DadeCounty cities.The information istakenfrom officialpolicereports,which maynotcontain statements fromallparties involved. CITY OF SOUTH MIAMI COURTESYNOTICE NOTICEISHEREBY given that the City Commission oftheCityofSouthMiami,Florida willconduct Public Hearing(s)atits regular City Commission meeting scheduled for Tuesday.September 16.2014 beginning at 7:00 p.m.,intheCityCommission Chambers,6130 Sunset Drive,to consider the following item(s):_ /An Ordinance granting to Florida Power &.Light Company,its successors and assigns,an electric \ /franchise,imposing provisions and condition*relating thereto,providing for monthly payments to j \the City ofSouth Miami,and providing for an effective date./ An Ordinance amending Section 20-7.12 oftheCityofSouth Miami LandDevelopment Code concerning parking requirements for restaurants within theHometown District Overlay (HD-OV) Zone. An Ordinance oftheCityofSouthMiami,Florida,amending Section 2-7,Administrative department;Junctions and duties;creating acost recovery administrative program;providing for repeal of ordinances in conflict;and providing aneffectivedate. An Ordinance relating tothe fee schedule;amending ordinance 04-11-2077 to change the titleto "Schedule of Fees and Fines"andto increase some fees,adding new fees,anddeleting some fees fromthe schedule. ALL interested parties arcinvitedtoattendandwillbe heard. For further information,please contact theCity Clerk's Officeat:305-663-6340. MariaM.Mcncndcz,CMC CityClerk Pursuam to Florida Siututc*286.0105,the City hereby advise*the public thatif »person decide*to appeal auydecision madebythis Hoard.Agencyor Communion with ropier toanymatterconsidered atit*meetingor hearing,he or she will needa record ofthe pnKi-cdiiijp!,snd thatI'm such purpose,affected pwnn mayneedto ensure thata verbatim record of the proceedings U made which record includes the testimony andevidence uponwhichtheappeal istobebased. NOTICE OF PUBLIC HEARING CITY OF SOUTH MIAMI Planning andZoning Department 6130Sunset Drive;SouthMiami,Florida33143 Phone:(305)663-6326;Fax#:(305)666-4591 OnThursday September 18,2014 at7:00 P.M.,the City ofSouth Miami's Planning Board will conduct public hearings intheCityCommission Chambers attheabove address onthe following items: l.PB-14-008 Applicant:Ponce Davis,LLC. A Resolution oftheCityofSouth Miami relating toarequest toallow for thecreation ofparcels A and Bon property specifically located at5980 SW80th Street;South Miami,Florida within anRS-3;Low Density Single-Family Residential ZoningDistrict,pursuant to provisions pertaining to"Waiver of Plat"setforth inSection20-4.2(B)oftheCityofSouthMiamiLandDevelopment Code,andSection28-4oftheMiami- Dade County Code;for thepurpose ofconstructing two newsingle family homes;and providing for alegal description. 2.PB-14-009 ApplicantCityofSouthMiami Discussion ofthecompatibility between new single family home sizes,and existing homes within thesingle family zoning districts,andpossible recommendations forchanges to die City's landdevelopment code. Allinterested parties are urged toattend.Objections ot cJcprctsioruofaprtrovalinaylM nudem perm atu^ tooratthe hearing.The Planning Board reserves therightto recommend totheCityCommission whatever the board considers inthebest interest for thearea involved.Interested parties requesting information arc asked tocontact the Planning and Zoning Department bycalling 305-663-6326 orwritingtothe address indicatedabove. You are hereby advised that ifany person desires toappeal any decision made with respect toany matter considered atthis meeting orhearing, such person will need arecord at the proceedings,and for such purpose may need toensure that a verbatim record ofthe proceedings is made,which record includes the testimony and evidence upon which the appeal istobebased (F.S.286.0105).Refer tohearing number whennukinganyinquiry.