1515
1 ORDINANCE NO. _____ _
2
3 An Ordinance granting to Florida Power & Light Company, its
4 successors and assigns, an electric franchise, imposing provisions and
5 conditions relating thereto, providing for monthly payments to the City
6 of South Miami, and providing for an effective date.
7
8
9 WHEREAS, the franchise ordinance 7-84-1202, was amended, pursuant to
10 Ordinance 08-14-2186, to provide for a 90-day extension to the term of the electric
11 franchise granted on May 18, 1984, to Florida Power & Light Company.
12
13 WHEREAS, the franchise ordinance, with the extended term, is due to expire on or
14 about August 16,2014; and
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16 WHEREAS, City of South Miami and Florida Power & Light Company are still in
17 negotiations regarding a new Electrical Franchise Agreement! Ordinance and require
18 additional time to complete their negotiations.
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20 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
21 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
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24 Section 1. ORDINANCE 08-14-2186, Section 1, is hereby amended as follows:
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26 Section 1. There is hereby granted to Florida Power & Light Company (herein
27 called the "Grantee"), its successors and assigns, the non-exclusive right, privilege or
28 franchise to construct, maintain and operate in, under, upon, over and across the
29 present' and future streets, alleys, bridges, easements and other public races of the City
30 of South Miami, Florida (herein called the "Grantor") and its successors, in accordance
31 with established practice with respect to electrical construction and maintenance, for
32 the period of 30 years and 9G 123 days from the date of acceptance hereof, electric
33 light and power facilities (including conduits, poles, wires and transmission lines, and,
34 for its own use, telephone and telegraph lines) for the purpose of supplying electricity
35 to the Grantor and its successors, and inhabitants thereof, and persons and corporations
36 beyond the limits thereof.
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38 Section 2. Severability. If any section, clause, sentence, or phrase of this ordinance is
39 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
40 shall not affect the validity of the remaining portions of this ordinance.
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42 Section 3. Ordinances in Conflict. All ordinances or parts of ordinances and all
43 sections and parts of sections of ordinances in direct conflict herewith are hereby repealed.
44 However, it is not the intent of this section to repeal entire ordinances, or parts of ordinances,
45 that give the appearance of being in conflict when the two ordinances can be harmonized or
46 when only a portion of the ordinance in conflict needs to be repealed to harmonize the
47 ordinances. If the ordinance in conflict can be harmonized by amending its terms, it is hereby
Page 1 of 4
1 amended to harmonize the two ordinances. Therefore, only that portion that needs to be repealed
2 to harmonize the two ordinances shall be repealed.
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4 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 2 of 4
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Harris:
Commissioner Edmond:
Commissioner Liebman:
Commissioner Welsh:
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8 CERTIFICATE
9
lOIn connection with Ordinance No. , an ordinance amending section 1 of
11 Ordinance 7-84-1202 as amended by Ordinance 08-14-2186, providing for a __ day
12 extension to the term of the franchise ordinance accepted by Florida Power & Light Company
13 on May 18, 1984, I, the undersigned Clerk of the City of South Miami, do hereby certify as
14 follows:
15 a. The City Commission met on August 5,2014 when Ordinance was first
16 read by its title. It passed its first reading on that date and was set for second reading on __
17 ,2014. On ,2014, the City Commission met and Ordinance No
18 was read for the second time and it was passed and enacted on that date. Present
19 at the meeting were the following whose vote for or against the ordinance is set forth opposite
20 their names as follows:
21 Mayor Stoddard: __ _
22 Vice Mayor Harris: ---
23 Commissioner Edmond: ---
24 Commissioner Liebman: ---
25 Commissioner Welsh:
26 b. The title of the ordinance was published in a newspaper of general circulation, as
27 defined in the City Charter, and it was also be published in a local newspaper, as defined by the
28 City Charter, at least five (5) days before the meeting at which the ordinance was first reading.
29 At least ten (10) days before the second and final reading of the franchise ordinance, its title was
30 published in a newspaper of general circulation and, in addition, it was published in a local
31 newspaper, at least ten (10) days before the second reading.
32 c. Ordinance was executed by the Mayor of the City of South Miami,
33 attested to by the undersigned Clerk and signed by the City Attorney who approved the
34 Ordinance as to its form, legality, language and its execution by the Mayor.
35 Dated this th day of ,2014.
36
37 By: -----------------------38 Maria Menendez
39 City Clerk
40
41
42 ACCEPTANCE OF AMENDED
43 ELECTRIC FRANCHISE ORDINANCE BY
44 FLORIDA POWER & LIGHT COMPANY
45 Florida Power & Light, Company does hereby accept the City of South Miami, Florida Electric
46 Franchise, as amended by Ordinance No. ___ to wit:
Page 3 of 4
1
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,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 enacted on _________ , 2014.
7 This instrument is filed with the City Clerk of the City of South Miami, Florida, in accordance with the
8 provisions of Section 2 of said ordinance.
9
10 FLORIDA POWER & LIGHT COMPANY
11 By: __________________ __
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_____ , as Vice President
ATTESTED
By: ____________ __
_______ as Secretary
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 _____ , 2014.
City Clerk of the City of
South Miami, Florida
By: ________________ _
Page 4 of 4
SB I S~~.o.~y.: JU.L.Y..2.!!.~<J.14:. HI ....... t,.9.~AI".~ .. ?TA:f.l~ ..... . MiamiHerald.<:~. I MIAMI H~~~l?
3 $18,650 $31,050
4 $20,700 $34,500
5 $22,400 $37,300
6 $24,050 $40,050
7 $25,700 $42,800
8 $27,350 $45,550
Effectil.'eDecetnbcr 18, 2013
-JfJCQ1Tl6 shrJukJ not exreedColwm 3 (..Jt-Sf'fi" A.bd'euile1nwmeJ -Income G-.kWlCe$ are SvqecltoCfuw,;e
AppOr;atiOos
App6catioll' ",ill be avanable beginning July 28, 2014-Persons interested in applying
for NSP purchase assistance, can download a tuU application oofine 2!1 Community
RedeveIDpment Assoda1es (eRA) of Florida: \'Iral qafta com Applicants v.:ho do not
have internet access may obtaln an application at CRA of Florida. tnc. Iocaled at: !l569
Pines Boulevard. Suit" 201 Pembroke Pines. Florida 33024. Offica Hours: 8:30 a.m. 10
12:30 p.m. and 1 :30 pm. to 5:00 p.m. Monday -Friday. The Office is closed from 12:30
p.rn. to 1 :3D p.m. each day.
Complete apprlCations with all signed disclosures wUI be accepted beginning
July 31. 2014, by appointment only. Funds will be spent on a first come, first quaEfied
basis. Appointments win be made with Community Redevelopment Associates of
Honda. Inc. tf you have any questkms regnrrnng this nofice2 or 10 mske an appointment
for appficatk-n submission. ptease fee( free-to c1)nroct Community RedeveJr....pment
AssociaJ:"" of Florida at 954-431·7866. Op!ion 3 -GenetBi Housing Programs.
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City 01 Miramar
Denise A Gibbs, CMC
Ci~1 Cleri<
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fi<tIKhis.:o. imfX<.;:ng pr~isi~ 4nd om&r:ons n:htw.g thereto. p:-ovidirog for m:>r..fhly paya-<e-ne~ to:he
Gty ;:.;' Soufh ?.1iami, ,md p?m';J)ng fO( ;m "f'ftlcti,:~ &to. i
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ro~ pm..-«* reqciror~r.t,. I~ r("~=r:ts wilhin 1k-HvmdCPin Di~ricti)l'erla? (IJI}.OV) z,:;.rn:.
AU. trMrec..ro [W't.i~ M~ ;w.;lcd Y.I lIr ... tmC.md wilt i;;.e ~d.
For fu.<thcr f!lf~.n:. pk~ ccnlact tM Ci!)' C'i..'C\.'i offic:: at :;O~ .. MJ...6.14O.
M.l1iJ M. 1>M~.J~z. CMC
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!ILt !I l'IIiI
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 -AUGUST 5, 2014
in the XXXX Court,
was published in said newspaper in the issues of
07/25/2014
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 publication in the said
newspaper.
M. ZALDIVAR personally known to me
8. THOMAS
Notary Public • State ot Florida
My Comm. Expires Nov 2. 2017
Commission II FF 034747
Bonded Through National Notary Assn.