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61 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 ofthe 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 15 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. 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 21 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: 22 23 24 Section 1. ORDINANCE 08-14-2186, Section 1, is hereby amended as follows: 25 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 W 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. 37 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. 41 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or parts of ordinances and all 43 sections and parts of sections of ordinances in direct conflict herewith are hereby repealed. 44 However, it is not the intent of this section to repeal entire ordinances, or parts of ordinances, 45 that give the appearance of being in conflict when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 of4 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 amended to harmonize the two ordinances. Therefore, only that portion that needs to be repealed to harmonize the two ordinances shall be repealed. Section 5. Effective Date. This ordinance shall become effective upon enactment. PASSED AND ENACTED this 19th day of August, 2014. ATTEST: CITY CLERK 1st Reading 8-05-14 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 CERTIFICATE 3 4 In connection with Ordinance No. 17-14-2195, an ordinance amending section 1 of 5 Ordinance 7-84-1202 as amended by Ordinance 08-14-2186, providing for a 33 day extension 6 to the term of the franchise ordinance accepted by Florida Power & Light Company on May 7 18, 1984, I, the undersigned Clerk of the City of South Miami, do hereby certify as follows: 8 a. The City Commission met on August 5, 2014 when Ordinance 17-14-2195 was 9 first read by its title. It passed its first reading on that date and was set for second reading on 10 August 19,2014. On August 19,2014, the City Commission met and Ordinance No 17-14-2195 11 was read for the second time and it was passed and enacted on that date. Present at the meeting 12 were the following whose vote for or against the ordinance is set forth opposite their names as 13 follows: 14 Mayor Stoddard: __ _ 15 Vice Mayor Harris: __ _ 16 Commissioner Edmond: --- 17 Commissioner Liebman: --- 18 Commissioner Welsh: 19 b. The title of the ordinance was published in a newspaper of general circulation, as 20 defined in the City Charter, and it was also be published in a local newspaper, as defined by the 21 City Charter, at least five (5) days before the meeting at which the ordinance was first reading. 22 At least ten (10) days before the second and final reading of the franchise ordinance, its title was 23 published in a newspaper of general circulation and, in addition, it was published in a local 24 newspaper, at least ten (10) days before the second reading. 25 c. Ordinance 17-14-2195 was executed by the Mayor of the City of South Miami, 26 attested to by the undersigned Clerk and signed by the City Attorney who approved the 27 Ordinance as to its form, legality, language and its execution by the Mayor. 28 Dated this 19 th day of August, 2014. 29 30 By: ---------------------- 31 Maria M. Menendez, CMC 32 City Clerk 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Page 3 of 4 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 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 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. 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 By: ____________________ __ _________ , 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. By: Page 4 of 4 City Clerk of the City of South Miami, Florida ----------- 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 FOR 8/19/2014 in the XXXX Court, was published in said newspaper in the issues of 08/08/2014 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' person, firm or corporation any discount, reb , commission or re nd for the purpose of' . nt for publi ation in the said MARIA MESA personally known to me e. THOMAS Notary Public, Slate 01 Florida My Comm. Expires Nov 2. 2011 Commission # FF 034747 Bonden TflfOUgl1 National Notary Assn. Call today to reserve a FREE 45-minute review of your current estate plan. 305-443-3104 Appointments available for August 2014. ~~Y:'.gf!~~~.?!~!~.~~ .. ~.:.~~rli~Lp:~A~ Florida Bar Board Certified in Wills, Trusts & Estate Law Florida Bar Board Certified in Elder Law 201 Alhambra Circle, Suite 503 • Coral Gables, FL 33134 www.perlinestateplanning.com c··················· .. ·-Tht ::~~<t, (.\.~ ""'~.M~/ :j' ~ CITY OF SOUTH MIAMI COURTESY NOTICE 25SE 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 1\lesdav.August 19.2014 beginning at 7:00 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the following item(s): A Resolution authorizing the City Manager to execute a five (5) year contract with Laz Parking Inc. for an amount not to exceed $1,120,419 for a five (5) year period. 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. 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 matter considered at its meeting or hearing, he or she will need a record of the proceedings, and that for such purpose, affected person 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. '". ~lue Star Floridd Keys : ~ ~~s &~;y!~,", .... '~ ___ ,I RIVIERA DAY SCHOOL 6800 Nervia Street, Coral Gables, FL 33146 I Tel. 305.666.1856 RIVIERA PREPARATORY SCHOOL 9775 SW 87 Avenue, Miami, FL 33176 I Tel. 786.300.0300 www.rivieraschools.comIAccreditedbyAISF.SACS.MSA.Ai. NCPSA, NIPSA Miamiflerald.£OID I MIAMI HERALD . .......................................... _ ................................................ . ............................ ~9.~A.I:: .. 8.! .. ?IA:r..~ ........................................... . 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 $45,550 EfffICtA-e December tB, 2013 ·lnc.orT'I6~kJlltJt8Kreed~3(Jt·SCFhA,Joden;JlSlo.::ameJ-lnromeG-~ereSuqecl:u~n:;e AppficatiQOS 'z-), AppficatiOM "'ill be available beginning July 28, 2014. P..-.ons interested in applying lor liSP pwcr..ose assiam,.,,, .. , can download a run appticalion onfine et ComlTlUfllly Redevefopment Associates (eRA} of florida: wra' crafla com Applicants -n-ho do not have intarnet acoess may obtaln an appflCation at eRA 01 Florida. Inc. located at: 8569 Pines Boul .... ard, Suite 201 Pembroke P-lOOS. Florida 33024. Office Hours: 8:30 a.m. to 12;3() p.m. and 1:30 p.m. to 5:00 p.m. Monday-frida-J. TheO!ffce Is clo9edfrom 12:3{) p.rn. to 1:30 p.m. each day. Compfele appr.catlons with all o!gr.oo disclosures wI!! be accepted beginning July 31, 2014, by appointment only. Funds wU! be spent on a first come, first quaiifted basis. I\ppoin1menls win be made ...nn Community Red""eIopment Associates of Florida, Inc. If you have any ques1ions regarding this notice, or to Jlllli<6 an appoinlmoot for application submlsslon. ple""e feel free to c<:>ntsct Community _"",ment AssorJat ... of FlOOda at 9:>4-431· 7865. Option 3 -Generer HOusing Progams. Clly 01 tKwamar Denise A &bbs,. CMC Cl~1 Clerk (~ \'\:·.-:;'-Y.'l ~. OTY OPS()VTIl MIAMI COl:gn;SY NOT'Cf~ Nf.)l1CI: 1$ H{Jtl:UY giVCl\ tnu lh<' C«y Ccmmissior: orthe-Crt"j'.!fSOUI'h Miami. J.l<>rida W1Ua:mdud P-.:l1itv Hezri.ng(3; i!li[g r~ (J~y (/.>;l:r..mi~Y.m mMittGuhduW fl)f JU0:iJPO; "!t!<lt!tf~ '1)14 wtmrirtj! .at 7:00 p.m.. in tM City C.o=ni~~ Ch..~~ ,no &m.~D:ivc. In c~c:rl1-& ~k:'w~"g it~:J); A Rc:sottaian am~:Eng 4 Syeci¥Il.::.:.eApp!<tV31 w pcnnh "pubiic C¥t ~ at S79S 5D:Jlh Dixie HiYm:~y. wi'thlri.me TODD Lf~ 11""Aust.ri~ ""101JO..U4" zoomg, me 41~ri;t,. Ar.. Orifu...lOC'(t ~~hlishj.nz; M) -el~ ~j"., fo, jmct.':dW'.cn o'r dl,. ro-ftt" nghlitt£ wlthin,m, Ci11 of Stxst~Mi:uniwrthJ1W..&t~&Ug'htcO:~' , ( An Or.c&n= v:sr~g so f!or.d;). p.,'\io"¢f" &; Light Con~)" its~" and .u:~~. 3n dc.:tric r.a:R(his.:>. i~"mg {l2'".?f"jskm~ 4IJd o;:m&:-:ons ~3iutg lherc:ro. proo>'i&ng (or mor..thirpaya-«'nt" lD :he_ J Gty ~~-S(<urh !l.1izmi. M>d pmnding fa :m -offix:ti"b &to. AnOtdi~~!"jzing!hot{""a)'~i:u:lzp"'fj)L'I$krh:.!{J_en:hr.:!wff~<ilP.:'lI'~an.:m·UR-~~ scfid""~k~~l:.md.fe..,dii:g~iO':-S:9!;i~W~P(ccf~~.1h:4~!:~fly~$~~u w~et'a:('3~ ... 11h vm~ ,.f8i~ayM Pm \Iof1>.)>>="~b3W.t&(eProorft~JJK. bo:,;....J(1!1:a~crfl1't!trt""& solicitu«n AY. Ordlf'.~f".a: ;m::~xJing S"«t~ Tu..7 .12JJfthe L"'ity«South Mi.»n. Ur..dIkv~~! C:~ co~ ~.n.:ir<g rec::ciror«-r.c,. for-r~~r.tf-witMA~ HvmetcwJJ Di~nCl Ot-W:l.y (Un..ov) ZrAn. AIJ.,nU:~dp.vtiQ~f:;m;lcdklM'~.lI:Ild .... -ill.be~d. for tu.'1.b::r ~f!ImV..uoti.. pt~1tiC: wntact the Cit)' C"serl::~s offic.: at: 3G5-t::6:;"'6.l4n. M3:J"ia M. M:.ener.dez,. CMC CttyCli:nc l\~k>flo.."'ld."1Sbsu!d.2M.()'(6,ftec:ft)fv.rd:>yM'ns.:..lt(:td-%~!~i(~JaY>'1~U)~~OO;ick."ta*l':. tm.~.lAIlCZ'qc.cClll:nni:~~"'lfbrft,f'('~~;:;cq\:l:alu~cl!!ats.m<'duIZ<?~ ... "l2.Mu:.~'lJCl!dJlr.:t;(j(a Mnw:~II:;;:1.~Iu:(<Jtsc.cJ;~A~~l~rc.ly~to~tWB~\-II!t<rtUr.lft«-ntofl1:e~,i:£~ m.....sc-V->kb~1~J!-..t~2!ld~~~<l.t:Ji.m~f:2f~ldt;)N;tludI. ----.-.-.. -..... -... -.. ---.-.--------------.--.:...--~----,---,r-----.--- -.-_.- 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 f/k/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 ,.\1'"." 8. THOMAS ",~y Pv '" , FI id .' " ~.;~ Notary Public -Stale ot or a : . i My Comm. Expires Nov 2. 2017 ~u;, * • r:>"i Commission II FF 034747 "'::''' ," ,~?~", BonAed Through National Notary Assn. I""", IN