271 ORDINANCE NO. _____ _
2
3 An Ordinance amending Section 1 of Ordinance 7-84-1202, to provide for a 90-
4 day extension to the term of the electric franchise granted on May 1, 1984, to
5 Florida Power & Light Company.
6
7 WHEREAS, the franchise ordinance is due to sunset on May 1,2014; and
8
9 WHEREAS, City of South Miami and Florida Power & Light Company require
10 additional time to complete their negotiations of a new Electrical Franchise Agreement/
11 Ordinance.
12
13 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
14 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
15
16
17 Section 1. ORDINANCE 7-84-1202, Section 1, is hereby amended as follows:
18
19 Section 1. There is hereby granted to Florida Power & Light Company (herein
20 called the "Grantee"), its successors and assigns, the non-exclusive right, privilege or
21 franchise to construct, maintain and operate in, under, upon, over and across the
22 present' and future streets, alleys, bridges, easements and other public races of the City
23 of South Miami, Florida (herein called the "Grantor") and its successors, in accordance
24 with established practice with respect to electrical construction and maintenance, for
25 the period of 30 years and 90 days from the date of acceptance hereof, electric light
26 and power facilities (including conduits, poles, wires and transmission lines, and, for
27 its own use, telephone and telegraph lines) for the purpose of supplying electricity to
28 the Grantor and its successors, and inhabitants thereof, and persons and corporations
29 beyond the limits thereof.
30
31 Section 2. Severability. If any section, clause, sentence, or phrase of this ordinance is
32 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
33 shall not affect the validity of the remaining portions of this ordinance.
34
35 Section 3. Ordinances in Conflict. All ordinances or pm1s of ordinances and all
36 sections and parts of sections of ordinances in direct conflict herewith are hereby repealed.
37 However, it is not the intent of this section to repeal entire ordinances, or parts of ordinances,
38 that give the appearance of being in conflict when the two ordinances can be harmonized or
39 when only a portion of the ordinance in conflict needs to be repealed to harmonize the
40 ordinances. If the ordinance in conflict can be harmonized by amending its terms, it is hereby
41 amended to harmonize the two ordinances. Therefore, only that portion that needs to be repealed
42 to harmonize the two ordinances shall be repealed.
43
44 Section 5. Effective Date. This ordinance shall become effective upon enactment.
45
46
47
PASSED AND ENACTED this __ day of _____ , 2014.
Page 1 of 4
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
ATTEST:
CITY CLERK
1st Reading
2nd Reading
READ AND APPROVED AS TO FORM:
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
Page 2 of 4
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Harris:
Commissioner Edmond:
Commissioner Liebman:
Commissioner Welsh:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
CERTIFICATE
In connection with Ordinance No. , an ordinance amending section 1 of
Ordinance 7-84-1202, providing for a 90 day extension to the term of the franchise ordinance
accepted by Florida Power & Light Company on May 1, 194, I, the undersigned Clerk of the
City of South Miami, do hereby certify as follows:
a. The City Commission met on May 5, 2014 when Ordinance was first
read by its title. It passed its first reading on that date and was set for second reading on
_____ . On the City Commission met and Ordinance No _____ _
was read for the second time and it was passed and enacted on that date. Present at the meeting
were the following whose vote for or against the ordinance is set forth opposite their names as
follows:
Mayor Stoddard: __ _
Vice Mayor Harris: __ _
Commissioner Edmond: ---
Commissioner Liebman: ---
Commissioner Welsh:
b. The title of the ordinance was published in a newspaper of general circulation,
as defined in the City Charter, and it was also be published in a local newspaper, as defined by
the City Charter, at least five (5) days before the meeting at which the ordinance was first
reading. At least ten (l0) days before the second and final reading of the franchise ordinance, its
title was published in a newspaper of general circulation and, in addition, it was published in a
local newspaper, at least ten (10) days before the second reading.
c. Ordinance was executed by the Mayor of the City of South Miami, attested to
by the undersigned City Clerk and signed by the City Attorney who approved the Ordinance as
to its form, legality, language and its execution by the Mayor.
Dated this __ day of MAY, 2014.
By: ___________ _
Maria M. Menendez. CMC
City Clerk
ACCEPTANCE OF AMENDED
ELECTRIC FRANCHISE ORDINANCE BY
FLORIDA POWER & LIGHT COMPANY
Florida Power & Light, Company does hereby accept the City of South Miami, Florida Electric
Franchise, as amended by Ordinance No. to wit:
"AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE 7-84-1202, TO PROVIDE FOR A 90 DAY
EXTENSION TO THE TERM OF THE ELECTRIC FRANCHISE GRANTED ON MAY 1, 1984, TO FLORIDA
POWER & LIGHT COMPANY."
which was passed and enacted on May ____ , 2014.
43 This instrument is filed with the City Clerk of the City of South Miami, Florida, in accordance with the
44 provisions of Section 2 of said ordinance.
45
Page 3 of 4
1
2
3
4
5
6
7
8
9
10
11
12
13
ATTESTED
By: ____________ __
_______ as Secretary
FLORIDA POWER & LIGHT COMPANY
By: ____________________ _
______ , as Vice President
I HEREBY ACKNOWLEDGE receipt of the above Acceptance of Electric Franchise Ordinance
No. _____ by Florida Power & Light Company, and certify that I have filed the same for record in the
permanent files and records of the City of South Miami, Florida on this ___ day of May, 2014.
By:
Page 4 of 4
City Clerk of the City of
South Miami, Florida
------------
ORDINANCE NO. 7-84-1202
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.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SOUTH
MIAMI:
Section 1. There is hereby granted to Florida Power & Light Company (herein
called the "Grantee"), its successors and assigns, the non-exclusive right, privilege or
franchise to construct, maintain and operate in, under, upon, over' and across the present
and future streets, alieys, bridges, easements and other public places of the City of South
Miami, Florida (herein called the "Grantor") and its successors, in accordance with
established practice with respect to electrical construction and maintenance, for the
period of 30 years from the date of acceptance hereof, electric light and power facilities
(including conduits, poles, wires and transmission lines, and, for its own use, telephone and
telegraph lines) t"or the purpose of supplying electricity to the Grantor and its successors,
and inhabitants thereof, and persons and corporations beyond the limits thereof.
Section 2. As a condition precedent to the taking effect of this grant, the
Grantee shall have filed its acceptance hereof with the Grantor's Clerk on May 18, 1984.
Section 3. The facilities of the Grantee shall be so located or relocated and so
erected as to interfere as little as possible with traffic over said streets, alleys, bridges
and public places, and with reasonable egress from and ingress to abutting property. The
location or relocation of all facilities shall be made under the supervision and with the
approval of such representatives as the governing body of the Grantor may designate for
the purpose, but not so as to unreasonably interfere with the proper operation of the
Grantee's facilities and service. When any portion of a street is excavated by the Grantee
in the location or relocation of any of its faclllties, the portion of the street so excavated
shall, within a reasonable time and as early as practicable after such excavation, be
replaced by the Grantee at its expense and in a condition as good as it was at the time of
such excavation.
Section 4. Grantor shall in no way be liable or responsible for any accident or
damage that may occur in the construction, operation or maintenance by the Grantee of
its facilities hereunder, and the acceptance of this ordinance shall be deemed an
agreement on the part of the Grantee to indemnify the Grantor and hold it harmless
against any and all liability, loss, cost, damage or expense which may accrue to the
Grantor by reason of the negligence, default or misconduct of the Grantee in the
cons,truction, operation or maintenance of its facilities hereunder.
Section 5. All rates and rules and regulations established by the Grantee from
time to time shall at all times be reasonable and the Grantee's rates for electricity shall
at all times be subject to such regulation as may be provided by law.
Section 6. No later than 60 days after the first anniversary date of this grant,
and no later than 60 days after each succeeding anniversary date of this grant, the
Grantee, its successors and assigns, shall have paid to the Granto: and its successors an
amount which added to the amount of all taxes as assessed, levied, or imposed (without
regard to any discount for early payment or any interest or penalty for late payment),
licenses, and other impositions levied or imposed by the Grantor upon the Grantee's
electric property, business, or operations, and those of the Grantee's electric subsidiaries
for the preceding tax year, will equal six percent of the Grantee's revenues from the sale
of electrical energy to residential, commercial and industrial customers within the
corporate limits of the Grantor for the 12 fiscal months preceding the applicable
anniversary date.
Section 7. Payment of the amount to be paid to the Grantor by the Grantee
under the terms of Section 6 hereof shall be made in advance by estimated monthly
installments commencing 90 days after the effective date of this grant. Each estimated
monthly installment shall be calculated on the basis of 90% of the Grantee's revenues (as
defined in Section 6) for the monthly billing period ending 60 days prior to each scheduled
monthly payment. It is also understood that for purposes of calculating each monthly
installment, all taxes, licenses, and other impositions shall be estimated on the basis of
the latest data available for all such amounts imposed on the Grantee, before being
prorated monthly. The final installment for each fiscal year of this grant shall be
adjusted to reflect any underpayment or overpayment resulting from estimated monthly
installments made for said fiscal year.
Section 8. As a further consideration of this franchise, the Grantor agrees not to
engage in the business of distributing and selling electricity during the life of this
franchise or any extension thereof in competition with the Grantee, its successors and
assigns.
Section 9. Failure on the part of the Grantee to comply in any substantial
respect with any of the provisions of this ordinance shall be grounds for forfeiture of this
-2 -
grant, but no such forfeiture shall take effect if the reasonableness or propriety thereof is
protested by the Grantee until a court of competent jurisdiction (with right of appeal in
either party) shall have found 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 the final determination of the question to make good the default before a forfeiture
shall result with the right in the Grantor at its discretion to grant such additional time to
the Grantee for compliance as necessities in the case require.
Section 10. Grantor acknowledges it is fully informed concerning the existing
franchise granted by Dade County, Florida, to the Grantee herein, and accepted by the
Grantee, as set out in Ordinance No. 60-16 adopted on May 3, 1960 by the Board of
County Commissioners of Dade County, Florida. Grantor agrees to indemnify and hold
Grantee harmless against any and all liability, loss, cost, damage and expense incurred by
Grantee in respect to any claim asserted by Dade County against Grantee arising out of
the franchise set out in said Ordinance No. 60-16 for recovery of any sums of money paid
by Grantee to Grantor under the terms of this subsequent franchise agreement.
Section 11. 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
not affect the validity of the remainder as a whole or as to any part, other than the part
declared to be invalid.
Section 12. All ordinances and parts of ordinances in conflict herewith be and
the same are hereby repealed.
Section 13. This ordinance shall become effective on May 18, 1984 after first
having been accepted by the Grantee in accordance with Section 2 hereof.
PASSED First Reading this ~ day of May , 198~.
PASSED Second and Final Reading this ~hday of _--,-M~a",-y __ --l' 1981..
ATTEST:
-3 -
City of South Miami
Sout Miami, Florida
ACCEPT ANCE OF ELECTRIC FRANCHISE
ORDINANCE NO.
BY FLORIDA POWER & LIGHT COMPANY
May 18, 1984
Florida Power & Light Company does hereby accept the electric franchise in the
City of South Miami, Florida, granted by Ordinance No.1· f./. /20z, 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 May 15, 1984.
This instrument is filed with the City Clerk of the City of South Miami, Florida,
in accordance with the prOVisions of Section 2 of said ordinance.
FLORIDA POWER & LIGHT COMPANY
Byti{~
Vice President
I HEREBY ACKNOWLEDGE receipt of the above Acceptance of Electric
Franchise Ordinance No.1· N JZOL by Florida Power & Light Company, and certify that v
I have filed the same for record in the permanent files and records of the City of South
Miami, Florida on this 18th day of May, 1984.
CERTIFICATE
In connection with Ordinance No. 7-84-1202being AN ORDINANCE GRANTING
TO FLORIDA POWER o' 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, I hereby certify as follows:
Commission a. The City ~ met on ~.:..:M.::::.aYL-:1::..:s:...:tO--____ ' 198 j when proposed
Ordinance No.7-84-1202granting a franchise to Florida Power & Light Company was read
(by 1<iltt«/in full) for the first time. It was agreed to read it for the second time on
_M_a-"y--'=.1..:...5t.:...:.h~ _____ , 198~.
On __ M_a:..y_l_5t_h ____ , 19~, the City Council met and Ordinance No.
7-84-120a'as read (~~X~){jIQ(/in full) for the second time. Those present were:
Mayor Porter
Vice-Mayor Andrews Lantz
Commissioner Bowman
Commissioner Gibson
Commissioner Schwait
The ordinance was adopted as Ordinance No. 7-84-1202
b. On May 4th , 191.4_, following passage at first reading, notice of
proposed enactment of Ordinance No. 7-84-1202>,'as published in a newspaper of general
circulation in the City of South Miami and the Ordinance No. 7-84-120~s proposed and
adopted was maintained for inspection by the public at
City Clerk's Office, South Miami City Hall, 6130 Sunset Ddve, South Miami, Florida.
c. Upon its final passage on ~L1~ ___ . ___ , 1981, Ordinance No.
7-84-1202was signed by the Presiding Officer of the City Council and City Clerk of the
City of South Miami and recorded in a book kept for that purpose, and the respective
votes of E'dch member of the City Council were recorcied in the· record of the meeting.
This 16th day of May
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami-Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
MARIA MESA, who on oath says that he or she is the
LEGAL CLERK, Legal Notices of the Miami Daily Business
Review flk/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami-Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI -NOTICE OF PUBLIC HEARING
AND SPECIAL MEETING FOR MAY 5, 2014
in the XXXX Court,
was published in said newspaper in the issues of
04/29/2014
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami-Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami-Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami-Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of secur" Isement for blication in the said
(SEAL)
MARIA MESA perso
MERCEDES ZALDIVAR
MY COMMISSION #FF029736
EXPIRES June 20. 2017
FlorldaNotaryService.com