14/J./.
1 ORDINANCE NO. _____ _
2
3 An Ordinance establishing an electric franchise for installation of city street
4 lighting within the City of South Miami with Florida Power & Light Company.
5
6 WHEREAS, the City of South Miami (City) desires to enter into a franchise agreement
7 with Florida Power & Light Company for the installation of street lighting; and
8
9 WHEREAS, the provision of such service requires substantial investments of capital and
10 other resources in order to construct, maintain and operate facilities essential to the provision of
11 such service in addition to costly administrative functions, and the City of South Miami does not
12 desire to undertake to provide such services at this time; and
13
14 WHEREAS, Florida Power & Light Company (FPL) IS a public utility which has
15 demonstrated ability to supply such services; and
16
17 WHEREAS, Florida Power & Light Company requires an agreement that exceeds five
18 years in order to provide electrical facilities on behalf of the City; and
19
20 WHEREAS, the City Charter prohibits contracts that exceed five years to purchase good
21 and/or services but allows franchise agreements lasting up to 50 years; and
22
23 WHEREAS, FPL and the City of South Miami desire to enter into installation
24 Agreements from time to time to provide for the installation and maintenance of city street lighting
25 for the City of South Miami in exchange for the exclusive right and privilege of supplying
26 electricity for said facilities for 10 years and more following the installation of each facility free of
27 installation charge to the City of South Miami pursuant to certain terms and conditions, and
28
29 WHEREAS, the City Commission of the City of South Miami deems it to be in the
30 public interest to enter into these installation agreements defining the rights and responsibilities of
31 the parties as they relate to the installation and maintenance of new electrical facilities and the
32 exchange of other good and valuable consideration between the parties;
33
34 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
35 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
36
37 Section 1. The foregoing recitals are hereby found to be true and correct, and are
38 incorporated herein and adopted and approved as if set out at length.
39 Section 2. There is hereby granted to Florida Power & Light Company, its successors and
40 assigns (hereinafter called the "GRANTEE"), for the nonexclusive right, privilege and franchise
41 (hereinafter called "franchise") upon request of the City Manager for the City of South Miami,
42 Florida, and its successors (hereinafter called the "Grantor") to construct, operate and maintain in,
43 under, upon, along, over and across the present and future roads, streets, alleys, bridges, easements,
44 rights-of-way and other public places (hereinafter called "public rights-of-way") throughout all of
45 the incorporated areas, as such incorporated areas may be constituted from time to time, of the
46 Grantor, in accordance with the GRANTEE's reasonable and responsible practices, and practices
Page 1 of 4
1 prescribed herein, with respect to construction and maintenance of the electrical light, power and
2 related facilities, including, without limitation, conduits, underground conduits, poles, wires,
3 transmission and distribution lines, and all other facilities installed in conjunction with or ancillary
4 to the GRANTEE's provision of electricity and other services (hereinafter called "facilities") to the
5 Grantor and its successors. The franchise hereby granted, shall not exceed thirty (30) years from the
6 initial effective date of this Franchise Ordinance. The City Manager, pursuant to this franchise
7 ordinance, may enter into an Installation Agreement with GRANTEE to install or modify electrical
8 facilities described and to furnish to the City the electric energy necessary for the operation of
9 the facilities, and furnish such other services as are required, all in accordance with the terms of
10 GRANTEE's rate schedule on file at the Florida Public Service Commission (FPSC) or any
11 successive street lighting rate schedule approved by the FPSC and under the following terms:
12 (1) In exchange for granting this franchise to GRANTEE, the City Manager may execute
13 an installation Agreement with GRANTEE which may obligate the City to do the
14 following:
15 a. purchase from GRANTEE all of the electric energy used for the operation of
16 the facility.
17 b. be responsible for paying, when due, all bills rendered by GRANTEE
18 pursuant to GRANTEE's currently effective rate schedule on file at the FPSC
19 or any successive rate schedule approved by the FPSC, for facilities and
20 service provided in accordance with this ordinance.
21 c. provide access, final grading and, when requested, good and sufficient
22 easements, suitable construction drawings showing the location of existing and
23 proposed structures, identification of all non-GRANTEE underground facilities
24 within or near pole or trench locations, and appropriate plats necessary for
25 planning the design and completing the construction of GRANTEE facilities
26 requested by the City Manager.
27 d. perform any clearing, compacting, removal of stumps or other obstructions
28 that conflict with construction, and drainage of rights-of-way or easements
29 required by GRANTEE to accommodate the facilities.
30 (2) GRANTEE will, at the request of the City Manager, relocate the facilities covered by
31 this ordinance, if provided sufficient right-of-ways or easements to do so. The City
32 shall be responsible for the payment of all costs associated with any such City-
33 requested relocation of GRANTEE facilities. Payment shall be made by the City in
34 advance of any relocation.
35 (3) GRANTEE may, at any time, substitute for any luminaire/lamp installed hereunder
36 another luminaire/lamp which shall be of at least equal illuminating capacity and
37 efficiency.
38 ( 4) In the event facilities covered by this ordinance are removed, either at the request of
39 the City or through termination or breach of this ordinance by the City, the City shall
40 be responsible for paying to GRANTEE an amount equal to the original installed
41 cost of the facilities provided by GRANTEE under the installation agreement less
42 any salvage value and any depreciation (based on current depreciation rates as
43 approved by the FPSC) plus removal cost.
44 (5) Should the City fail to pay any bills due and rendered pursuant to any installation order
45 or otherwise fail to perform the obligations contained in this ordinance, said
46 obligations being material and going to the essence of this ordinance, GRANTEE
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1 may cease to supply electric energy or service until the City has paid the bills due
2 and rendered or has fully cured such other breach of the installation Agreement. Any
3 failure of GRANTEE to exercise its rights hereunder shall not be a waiver of its
4 rights. It is understood, however, that such discontinuance of the supplying of
5 electric energy or service shall not constitute a breach of this Agreement by
6 GRANTEE, nor shall it relieve the City of the obligation to perform any of the terms
7 and conditions of the installation Agreement.
8 (6) The obligation to furnish or purchase service shalt be excused at any time that either
9 party is prevented from complying with the installation Agreement by strikes,
10 lockouts, fires, riots, acts of God, the public enemy, or by cause or causes not under
11 the control of the party thus prevented from compliance and GRANTEE shall not
12 have the obligation to furnish service if it is prevented from complying with the
13 installation Agreement by reason of any partial, temporary or entire shut-down of
14 service which, in the sole opinion of GRANTEE, is reasonably necessary for the
15 purpose of repairing or making more efficient all or any part of its generating or
16 other electrical equipment.
17 (7) Each installation Agreement shall supersedes all previous Agreements or
18 representations, either written, oral or otherwise between the City and GRANTEE, with
19 respect to the facilities to be installed and constitutes the entire Agreement between
20 the parties as to that facility. The installation Agreement does not create any rights or
21 provide any remedies to third parties or create any additional duty, obligation or
22 undertakings by GRANTEE to third parties.
23 (8) The installation Agreement shall inure to the benefit of, and be binding upon the
24 successors and assigns of the City and GRANTEE.
25 (9) Each installation Agreement is subject to GRANTEE's Electric Tariff, including, but
26 not limited to, the General Rules and Regulations for Electric Service and the Rules of
27 the FPSC, as they are written, or as they may be hereafter revised, amended or
28 supplemented. In the event of any conflict between the terms of the installation
29 Agreement and the provisions of the GRANTEE Electric Tariff or the FPSC Rules,
30 the provisions of the Electric Tariff and FPSC Rules shall control, as they are now
31 written, or as they may be hereafter revised, amended or supplemented.
32
33
34 Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is
35 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
36 shall not affect the validity of the remaining portions of this ordinance.
37
38 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all
39 sections and parts of sections of ordinances in direct conflict herewith are hereby repealed.
40 However, it is not the intent of this section to repeal entire ordinances, or parts of ordinances,
41 that give the appearance of being in conflict when the two ordinances can be harmonized or
42 when only a portion of the ordinance in conflict needs to be repealed to harmonize the
43 ordinances. If the ordinance in conflict can be harmonized by amending its terms, it is hereby
44 amended to harmonize the two ordinances. Therefore, only that portion that needs to be repealed
45 to harmonize the two ordinances shall be repealed.
46
47 Section 5. Effective Date. This ordinance shall become effective upon enactment.
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PASSED AND ENACTED this __ day of _____ , 2014.
ATTEST:
CITY CLERK
1st Reading
2nd Reading
READ AND APPROVED AS TO FORM:
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
Page 4 of 4
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Harris:
Commissioner Edmond:
Commissioner Liebman:
Commissioner Welsh:
30SE __ .. _ ... __ _ SE MiamiHerald.com I MIAMI HERALD
RELIGION NOTES
• RELIGION, FROM 25SE
Richard Catholic Church: 8 a.m.
Monday-Saturday: Mass; 5 p.m.
Saturday: Vigil; Sunday: 7, 8:30, 10
and TI:30 a.m. Mass in English; 5 p.m.
Youth Mass; 7 p.m. Mass in Spanish;
7500 SW 152nd St.. Southwest
Miami-Dade.305-233-87TI.
Palmetto Presbyterlan Church: 9:30
a.m. Sunday: School; 10 a.m. Sunday:
Fellowship: 10:30 a.m. Sunday:
Worship service; 6790 SW 56th St ..
Miami. 305-666-0632.
Perrine-Peters United Methodist
Church: 9:30 a.m. Sunday: School; 10
a.m. Sunday: Fellowship; 10:30 a.m.
Sunday: Worship service; 18301 S.
Dixie Hwy .. Palmetto Bay.
305-235-2309,
Pinecrest Presbyterian Church: 10
a.m. Sunday: Worship service; 10:15
a.m. Sunday: school; n a.m. Sunday:
Fellowship and refreshments; 10400
SW 57th Ave .. Pinecrest.
305-661-1009,
Plymouth Congregational Church,
UCC: Worship in historic sanctuary
with full chancel choir, infant and
toddler care and k-12 church school.
Hospitality in the Cloister Garden
follows the service. at 10 a.m. Sun-
day. 3400 Devon Rd .. (at corner of
Main Highway and Devon Road)
Coconut Grove .305-444-6521 or
www.plymouthmiami.com.
Riverside Baptist Church: 9:30 and n
a.m. Sunday: Worship services; 9:30
a.m. Sunday: Bible study for all ages;
7 p.m. Wednesday: Prayer service
and Children in Action; 6:00 p.m.
Wednesday: Youth group meeting;
10775 SW 104th St., Kendall.
305-595-0542 or
www.riversideonline.org.
Sacred Heart Catholic Church: 8
a.m .. 9:30 a.m. and TI a.m. Sunday:
Mass in English; 1 p.m. Sunday: Mass
in Spanish; 6:30 p.m. Sunday: Mass in
Creole; 5 p.m. Saturday: Vigil Mass in
English; 6:30 p.m. Saturday: Vigil
Mass in Spanish; 8 a.m. Monday-
Saturday: Daily Mass in the chapel;
106 SE First Dr., Homestead.
305-247-4405.
51. Agatha's Catholic Church: 5:30
p,m. Saturday and 7:30, n a.m. and 8
p.m. Sunday: Mass in English; 7 p.m,
Saturday and 9 a.m .. 1 and 6 p.m,
Sunday: Mass in Spanish; 8:30 a.m.
Monday-Friday: Mass in English; 7
a.m. and 7 p.m. Monday-Friday and 9
a.m. Saturday: Mass in Spanish; TIn
SW 107th Ave .. West Miami-Dade.
305-222-1500.
St. Agnes Catholic Church: 5:30 p.m.
Saturday and 8:30, 10 and n:30 a.m.
and 6 p.m. Sunday: Mass in English;
12:45 p.m. and 7:30 p.m. Sunday:
Mass in Spanish; 8 a.m. and noon
Monday-Saturday: Mass in English;
100 Harbor Dr .. Key Biscayne.
305-361-2351.
St. Andrew's Episcopal Church:
5:30 p.m. Saturday: Service; Sunday:
8-8:45 a.m. Holy Eucharist-Church,
10-] a.m. Choral Holy Eucharist and
Family Service-Church; Wednesday:
10-n a.m. Holy Eucharist-Chapel, n
a.m.-noon Rector's Bible Study'
Chapel; 14260 Old Cutler Rd" Palmet-
to Bay. 305-238-2161.
St. Augustine Church & Catholic
Student Center: Saturday Vigil Mass:
5:30 p.m. in English and 7 p.m. in
Spanish; Sunday: 8 and 10 a.m .. noon,
5:30, 6 and 8 p.m. Mass in EnglISh; 8
a.m. and 12:05 p.m. Monday-Friday:
Mass in English;1400 Miller Rd., Coral
Gables. 305-661-1648 or
www.saintaugustinechurch.org.
St. Catherine of Siena Catholic
Church: 5 p.m. Saturday, 8 a.m. and n
a.m. Sunday: Weekend Mass in
English; 9:30 a.m., 1 p.m. and 6 p.m.
Sunday: Weekend Mass in Spanish;
7:30 p.m. Sunday: Weekend Mass in
Portuguese; 8:30 a.m. Monday-
Saturday: Daily Mass in English; 9200
SW 107th Ave., Kendall.
305-274-6333.
St. George Antiochian Orthodox
Cathedral: 9:30 a.m. Matins, 10:30
a.m. Divine Liturgy: Sunday; 320
Palermo Ave .. Coral Gables.
305-444-6541.
St. Hugh Church: 5:30 p.m. Saturday:
Mass in English; 9 a.m., 10:30 a.m.
and 5:30 p.m. Sunday: Mass in
English; noon and 6:30 p.m. Sunday:
Mass in Spanish; 8 a.m. daily: Mass in
English at the Chapel; 3460 Royal
Rd., Coconut Grove. 305-444-8363.
CITY OF SOUTH MIAMI
COURTESY NOTICE
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 Tuesdav, July 15, 2014 beginning at
7:00 p.m" in the City Commission Chambers, 6130 Sunset Drive, to consider the following item(s):
An Ordinance amending Section 20-3.4(8)(1 O)(a) , (b) and (c) of the City of South Miami
Land Development Code concerning special uses to clarify the conditions required for
car washing operations.
(
An Ordinance establishing an electric franchise for installation of city street lighting)
within the City of South Miami with Florida Power & Light Company.
NOTICE IS ALSO HEREBY given that the next meeting of the City Commission will be
held Tuesday, July 22, 2014.
ALL interested parties are invited to attend and will be heard.
For further information, please contact the City Clerk's Office at: 305-663-6340.
Maria M. Menendez, CMC
City Clerk
Pursuant to Florida Statutes 286.0105, the City hereby adVises the public that if a person deCides to appeal any deciSion made by this Board,Agency or
CommiSSion with respect to any matJer considered at liS meeting or heanng, he or she will need a record of the proceedings, and that for such DLJrpOSe,
affected person may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which
lheappeal IS to tJe tJased.
St. John's Anglican-Episcopal
Church: Services 8:30 a.m. Wednes-
day, noon on Thursday and 7:30 and
10 a.m. Sunday (English) and noon
(Spanish) on Sunday; 145 NE 10th St.,
Homestead. 305-247-5343.
St. John Neumann Catholic
Church: Daily Mass 7 a.m. Monday-
Friday and 8:30 a.m. Monday-
Saturday; Weekend Masses 5 p.m.
(English) Vigil; 7:30, 9 and TI a.m.
(English) Sunday and 1 p.m. (Span-
ish), Reconciliation 4 p.m. Saturday;
12125 SW 107th Ave., Kendall.
305-255-6642.
St. Kieran Catholic Church: 3605 S.
Miami Ave., Miami. 305-854-1521.
51. Louis Catholic Church: 5:30 p.m.
Saturday: Vigil in English; 7, 9:30 and
TI a.m .. 12:30 p.m. and 5:30 p.m.
Sunday: Mass in English; 8:30 a.m.
and 7:15 p.m. Sunday: Mass in Span-
ish; 7:30 p.m. Wednesday: Mass in
Spanish; 6:30 a.m. and 8:30 a.m.
Monday-Friday: Mass in English; 7270
SW 120th St., Pinecrest.
305-238-7562.
St. Luke the Physician: 8 and 10
a.m. Sunday: Holy Eucharist in
English. Coffee follows the service;
12:30 p.m., Sunday: Mass in Spanish.
Coffee follows the service; noon
Wednesday: Bible Study and prayer
service in English; 6:30 p.m. Thurs-
day: Bible Study; 7:30 p.m. Thursday:
Holy Eucharist with anointing for
healing; 12355 SW 104th St., West
Kendall. 305-279-4265.
St. Matthew the Apostle Episcopal
(Anglican) Church: Sunday services
at 8 a.m. and 10:30 a.m., Wednesday
service at noon; 7410 Sunset Dr.,
Miami. 305-665-7333.
St. Philip's Episcopal Church: Sun-
day services 8 and 10 a.m., Thursday
Service 10 a.m .. TI42 Coral Way, Coral
Gables. 305-444-6176.
St. Simon's Episcopal Church: 9
a.m. Sunday: Service in English; TI
a.m. Sunday: Service in Spanish;
10950 SW 34th St., Miami.
305-221-4753.
St. Stephen's Episcopal Church:
Mass 5:30 p.m. Saturday, 8 and 10:30
a.m. Sunday; Sunday school classes
for children 3-10, youth groups for
teens and adult education,
9:30-10:20 a.m., 2750 McFarlane Rd.,
Coconut Grove. 305-448-2601.
St. Sophia Greek Orthodox Cathe-
dral: 9 a.m. Orthros; 10 a.m. Divine
Liturgy; 10:15 a.m. Sunday School:
Sunday. Fellowship and refreshments
after church services; 2401 SW Third
Ave .. Miami. 305-854-2922.
St. Thomas by the Bay Lutheran
Church: 9 a.m. Sunday School; 10
a.m. Sunday: Worship service; 17700
Old Cutler Rd., Palmetto Bay.
305-232-1227.
St. Thomas Episcopal Parish: 9 a.m.
Sunday School; 10 a.m. Sunday:
Worship service; 5690 North Kendall
Dr., Kendall. 305-661-3436.
51. Thomas the Apostle: Call for
service times. 7377 SW 64th St.,
CAMP
SEAQUARIUM
June 9 -August 15
Fun-filled days of education and conservation,
daily animal interactions, shows, field and art
activities and so much more!
miamiseaquarium .com /education
MIAMI·c......ry;:~2_,
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Just minutes from
Downtown Miami
Kendall. 305-665-5600.
Sts. Peter and Paul Orthodox
Church: 6 p.m. Saturday: Great
Vespers; 9:30 a.m. Sunday: Divine
Liturgy; Eves of major feasts, Great
Vespers are at 7 p.m. and on major
feast days at 10 a.m .. 14n SW nth St..
Miami. 305-858-2924.
South Kendall Community Church: 9
a.m, Sunday: School; 10 a.m. Sunday:
Worship service; 16550 SW 147th
Ave .. Kendall. 305-253-6416.
South Miami Lutheran Church: 9
a.m. Sunday: Family Worship Ser-
vice; 7190 Sunset Dr., South Miami.
305-665-2562.
Sweet Home Missionary Baptist
Church: n a.m. Fourth Sundays:
Infant dedication worship service in
the Pastor's office or at home; 10701
SW 184th St., Miami. 305-251-5753 or
www.sweethome.org.
Temple Beth Am: 6 p.m. Friday
Shabbat services; 10:30 a.m. Sat-
urday Minyan Services; 5950 North
Kendall Dr., Pinecrest. 305-667-6667.
www.tbam.org
Temple Beth Tov-Ahavat Shalom:
Services led by Rabbi Manuel Armon
and Cantor Irving Resnick. Minyan
Service: 10:30 a.m. Sunday, 7:30 p.m.
Monday and Thursday; Shabbat
service: 8:15 p.m. Friday and 9:15 a.m.
Saturday. Call for more information;
6438 SW Eighth St., Miami.
305-279-8150 or 305-261-9821.
Temple Beth Shmuel: Cuban Hebrew
Congregation of Miami with 7 a.m.
daily Minyan services and 9:30 a.m.
Shabbat morning services followed
by a Kiddush lunch with Rabbi
Chizever; 1701 Michigan Ave., Miami
Beach. 305-534-7213 or
bethshmuel@bellsouth.net
Templo de la Biblia Abierto: Call The
Rev. Jose M. Vera for information
about services; 5720 SW 17th St.,
Miami. 305-264-5454 or www.tem-
plo.org or templo@mindspring.co.
Temple Judea: Shabbat services: 6
p.m. Friday; Morning Minyan: 9 a.m.
Saturday; Torah study: 9:45 a.m.
Saturday. Services are led by Rabbis
Peter Knobel, Judith L Siegal and
cantorial soloist Jodi Rozental. Child
care is provided at all Friday night
services. Discovery camp and Kin-
dercamp continue. Call for in-
formation on camps and the Mar-
gaux Early Childhood Center; 5500
Granada Blvd., Coral Gables.
305-667-5657 or
www.judeagables,org.
Unitarian Universalist Congregation
of Miami: Sunday Services at n a.m.,
7701 SW 76th Ave., Miami.
305-667-3697 or UUMIA.org or
uucongmia@bellsouth.net
Unity Center of Miami: 9 a.m.
Sunday worship services in Spanish;
11 a.m. nondenominational services in
English, 16320 SW 147th Ave., Miami.
305-232-9503 or
www.unitycenterofmiami.org.
Wat Buddharangsi Buddhist
Temple: 10:30 a.m. Sunday: Service;
15200 SW 240th St., Redland.
305-245-2702 or
http://watmiami.org.
Young Israel of Kendall: 7:30 p.m.
Friday: Shabbat service; 7880 SW
TI2th St., Kendall. 305-232-6833.
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
M. ZALDIVAR, 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
PUBLIC HEARING -JULY 15, 2014
in the XXXX Court,
was published in said newspaper in the issues of
07103/2014
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 securing this advertisement for ublication in the said
newspaper.
(SEAL)
M. ZALDIVAR personally known to me
.\1.10., 8, THOMAS t fl rida "~~'" P"::!,,. "otary Public -State 0 0 -'0 0'\." 2 2017 f<': ... 1 M Comm. Expires Nov • te.". :,§J y Commission II fF 034141 n
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