FPL Franchise 2nd Reading1 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 18, 1984, to
5 Florida Power & Light Company.
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7 WHEREAS, the franchise ordinance is due to sunset on May 18,2014; and
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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.
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13 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
14 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
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17 Section 1. ORDINANCE 7-84-1202, Section 1, is hereby amended as follows:
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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.
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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.
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35 Section 3. Ordinances in Conflict. All ordinances or parts 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36 sections and parts of sections of ordinances in direct conflict herewith are hereby repealed.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.
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44 Section 5. Effective Date. This ordinance shall become effective upon enactment.
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PASSED AND ENACTED this __ day of _____ , 2014.
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ATTEST:
CITY CLERK
1 st Reading 5/05/14
2nd Reading
READ AND APPROVED AS TO FORM:
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
Page 2 of4
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Harris:
Commissioner Edmond:
Commissioner Liebman:
Commissioner Welsh:
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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 18, 1984, 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 (10) 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
ACCEPT ANCE 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 18, 1984, TO FLORIDA
POWER & LIGHT COMPANY."
which was passed and enacted on May ___ , 2014.
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.
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FLORIDA POWER & LIGHT COMPANY
By: __________________ __
_____ , as Vice President
ATTESTED
By: ____________ __
______ as Secretary
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.
City Clerk of the City of
South Miami, Florida
By: _______________ _
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MIAMI HERALD I MiamiHerald.com SE SUNDAY, MAY 4, 2014 I 35SE --_ .. _----
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CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARING
AND SPECIAL MEETING
NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will
conduct Public Hearing(s) at its regular City Commission meeting scheduled for Monday
May 5, 2014 beginning at 7:00 p.m., in the City Commission Chambers. 6130 Sunset Drive, to
consider the following item on first reading:
An Ordinance amending Section 1 of Ordinance 7-B4-1202, to provide for a 90-day
extension to the temn of the electric franchise granted on May 1, 1984, to Florida
Power & Light Company.
NOTICE IS ALSO HEREBY given that upon passage of the above ordinance on first reading,
the City Commission of the City of South Miami, Florida will conduct a Public Hearing at a
Special City Commission meeting scheduled for Wednesday, May 14. 2014 beginning at
6:45 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the forgoing
item OR second reading.
ALL interested parties are invited to attend and will be heard.
For further infomna!ion, please contact the City Clerk's Office at: 305-663-6340.
Maria M. Menendez, CMC
City Clerk
PUfSUa nt to florida Slaw"", 2B6.0I05, the City hereby advises the public thai if a.p"""," decides to appeal any
decisIon made' by th ~· 8oerd, Agency or Commission with respect to an,. mnfiof!:! ccnsld nred at its meeting or
"".rlng, he or "",,.wm need a reco rtf of the proceedings, and that for such purpOse, altecb>d pet$on may need to
ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon
which the appeal is to be based.
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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 au th orily personally appeared
MARIA MESA, who on oath says tllat h e or she is the
LE GAL CLERK , Legal Na\'ices of the Miami Daily Business
Review flk/a Miami Review, a dally (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami-Dade
County , Florida; that th e attached copy of advertisement,
being a Leg a l Adveliisement of Notice in the matler 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 th e said Miami Daily Business
Review Is a newspaper published at Miami in said Miami-Dade
County, Rorida and th al 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 atthe post
office-in Miami In said Miami-Dade County , Rodda, for a
period of one yea( next precedlng th e first publication of the
attached copy of advertisement; and affiant further sa,ys that he or
she has neither paid nor promised any person, firm or corporation
any discount, re bate , commission or refund for the purpose
of secu ,-Isement for Jblication in the said
wspaper_
(SEAL)
•• ,''';;::i;'"",. MERCEDES ZALDIVAR I.'~'·· • .~~\ ,_r.-~\ \,~~ ~ J;} .MY COMMISSION #FF029736
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