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1 ORDINANCE NO. ______ _
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4 AN ORDINANCE GRANTING TO FLORIDA POWER & LIGHT
5 COMPANY, ITS SUCCESSORS AND ASSIGNS, AN
6 ELECTRIC FRANCHISE, IMPOSING PROVISIONS AND
7 CONDITIONS RELATING THERETO, PROVIDING FOR
8 MONTHLY PAYMENTS TO THE CITY OF SOUTH MIAMI.
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11 WHEREAS, the City Commission of the City of South Miami, Florida recognizes
12 that the City of South Miami and its citizens need and desire the continued benefits of
13 electric service; and
14 WHEREAS, the provision of such service requires substantial investments of
15 capital and other resources in order to construct, maintain and operate facilities essential to
16 the provision of such service in addition to costly administrative functions, and the City of
17 South Miami does not desire to undertake to provide such services at this time; and
18 WHEREAS, Florida Power & Light Company (FPL) is a public utility which has the
19 demonstrated ability to supply such services; and
20 WHEREAS, the City of South Miami is entitled to payment for costs associated
21 with FPL's occupation and use of the public rights-of-way within the City's jurisdiction; and
22 WHEREAS, the City of South Miami is entitled to payment in exchange for its
23 grant of a non-exclusive right and privilege to FPL of supplying electricity within the City of
24 South Miami free of competition from the City of South Miami in the provision of electricity
25 to the public at retail; and
26 WHEREAS, there is currently in effect a franchise agreement between the City of
27 South Miami and FPL, the terms of which are set forth in City of South Miami Ordinance
28 No. 7-84-1202, passed and adopted May 15, 1984, and FPL's written acceptance thereof
29 dated May 18, 1984 granting to FPL, its successors and assigns, a thirty (30) year electric
30 franchise ("Current Franchise Agreement"), which franchise agreement, including
31 amendments thereto, expires on September 18, 2014; and
32 WHEREAS, FPL and the City of South Miami desire to enter into a new
33 agreement (New Franchise Agreement) providing for the payment of fees to the City of
34 South Miami in exchange for the nonexclusive right and privilege of supplying electricity
35 within the City of South Miami free of retail competition from the City of South Miami,
36 pursuant to certain terms and conditions, and
37 WHEREAS, the City Commission of the City of South Miami deems it to be in the
38 public interest to enter into this agreement defining the rights and responsibilities of the
39 parties as they relate to the use of the public rights-of-way within the City's jurisdiction,
40 payment in exchange for such use, and the exchange of other good and valuable
41 consideration between the parties;
42 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
43 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
44 Section 1. The foregoing recitals are hereby found to be true and correct, and
45 are incorporated herein and adopted and approved as if set out at length.
46 Section 2. There is hereby granted to Florida Power & Light Company, its
47 successors and assigns (hereinafter called the "FPL"), a franchise agreement, the terms,
48 conditions and provisions of which are set forth in the attached Exhibit A to this ordinance.
49 Section 3. As a condition precedent to the taking effect of the New Franchise
50 Agreement, FPL shall file its acceptance hereof with the City's Clerk within 30 days of
51 adoption of this ordinance. The effective date of the New Franchise Agreement shall be as
52 set forth in the Franchise Agreement.
53 Section 4. Effective Date. This ordinance shall become effective upon
54 enactment; however, this ordinance shall sunset 30 days from the date of enactment if
55 the franchise agreement has not been accepted as set forth in Section 4 above.
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PASSED AND ENACTED this __ day of _____ , 2014.
ATTEST:
CITY CLERK
1st Reading
2 nd Reading
READ AND APPROVED AS TO FORM:
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Harris:
Commissioner Edmond:
Commissioner Liebman:
Commissioner Welsh:
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A IT ACHMENT A
Section 1. The recitals in Ordinance __ are hereby found to be true and correct, and
are incorporated herein and adopted and approved as if set out at length.
Section 2. There is hereby granted to FPL, its successors and assigns, for the
period of 30 years from the effective date hereof, provided it generates the majority of the
electricity that it distributes within the City, the nonexclusive right, privilege and franchise
(hereinafter called "franchise") to construct, operate and maintain in, under, upon, along,
over and across the present and future roads, streets, alleys, bridges, easements,
rights-of-way and other public places (hereinafter called "public rights-of-way") throughout
all of the incorporated areas, as such incorporated areas may be constituted from time to
time, of the City and its successors, in accordance with FPL's customary practices, and
practices prescribed herein, with respect to construction and maintenance of the electrical
light, power and related facilities, including, without limitation, conduits, underground
conduits, poles, wires, transmission and distribution lines, and all other facilities installed in
conjunction with or ancillary to FPL's provision of electricity and other services (hereinafter
called "facilities") to the City and its successors, the inhabitants thereof, and persons
beyond the limits thereof. The provisions set forth in Sections 1 through 5, Section 6(a),
Section 7(a), and Sections 10 through 21 shall remain in effect for the duration of the 30
year franchise term. No other provision shall have force or effect beyond 10 years from the
effective date of this New Franchise Agreement unless its extension is agreed to in writing
by the Parties.
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Section 3. (a) FPL's facilities shall be so located, relocated, installed, constructed
and so erected as to not unreasonably interfere with the convenient, safe, continuous use
or the maintenance, improvement, extension or expansion of any public "road" as defined
under the Florida Transportation Code, nor unreasonably interfere with reasonable egress
from and ingress to abutting property.
(b) To minimize such conflicts with the standards set forth in subsection (a) above,
the location, relocation, installation, construction or erection of all facilities shall be made as
representatives of the City may prescribe in accordance with all applicable federal and
state laws, and pursuant to the City's valid rules and regulations with respect to utilities' use
of public rights-of-way relative to the placing and maintaining in, under, upon, along, over
and across said public rights-of-way, provided such rules and regulations:
(i) shall be for a valid municipal purpose,
(ii) shall not prohibit the exercise of FPL's rights to use said public
rights-of-way for reasons other than conflict with the standard
as set forth above,
(iii) shall not unreasonably interfere with FPL's ability to furnish
reasonably sufficient, adequate and efficient electric service to
all its customers while not conflicting with the standards set
forth above, or
(iv) shall not require relocation of any of FPL's facilities installed,
before or after the effective date hereof, in any public
right-of-way, unless or until widening or otherwise changing the
configuration of the paved portion of any public right-of-way
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causes the facilities to unreasonably interfere with the
convenient, safe, or continuous use, or the maintenance,
improvement, extension, or expansion of any such public
"road," or unless such relocation is required by state or federal
law.
Such rules and regulations shall recognize that FPL's above-grade facilities
127 installed after the effective date hereof should, unless otherwise permitted, be installed
128 near the outer boundaries of the public rights-of-way to the extent possible. If no rules or
129 regulations relating to standards for design, construction or maintenance in the public
130 rights-of-way under the City's jurisdiction have been adopted by the City, then such
131 installation shall be consistent with the Florida Department of Transportation's Manual of
132 Uniform Minimum Standards for Design, Construction and Maintenance for Streets and
133 Highways.
134 (d) When any portion of a public right-of-way is excavated, damaged or impaired
135 by FPL or any of its agents, contractors or subcontractors because of the installation,
136 inspection, or repair of any of its facilities, the portion so excavated, damaged or impaired
137 shall, within a reasonable time and as early as practicable after such excavation, be
138 restored to a condition equal to or better than its original condition before such damage by
139 FPL at its expense.
140 (e) The City shall not be liable to FPL for any cost or expense incurred in
141 connection with the relocation of any of FPL's facilities required under this Section, except,
142 however, that FPL may be entitled to reimbursement of its costs and expenses from others
143 and as provided by law.
144 Except as expressly provided, nothing herein shall limit or alter the City's existing
145 rights with respect to the use or management of its rights-of-way that are not otherwise
146 preempted by the state or federal government.
147 Section 4. The acceptance of this New Franchise Agreement shall be deemed an
148 agreement on the part of FPL to the following: (a) to indemnify and save the City harmless
149 from any and all damages, claims, liability, losses and causes of action of any kind or
150 nature arising out of a negligent error, omission, or act of FPL, its Contractor or any of their
151 agents, representatives, employees, or assigns, or anyone else acting by or through them,
152 and arising out of or concerning the construction, operation or maintenance of its facilities
153 hereunder; (b) to pay all damages, claims, liabilities and losses of any kind or nature
154 whatsoever, in connection therewith, including the City's attorney's fees and expenses in
155 the defense of any action in law or equity brought against the City, including appellate fees
156 and costs and fees and expenses incurred to recover attorney's fees and expenses from
157 FPL, arising from the negligent error, omission, or act of FPL, its Contractor or any of their
158 agents, representatives, employees, or assigns, or anyone else acting by or through them,
159 and arising out of or concerning the construction, operation or maintenance of its facilities
160 hereunder.
161 Section 5. All rates and rules and regulations established by FPL from time to
162 time shall be subject to such regulation as may be provided by law.
163 Section 6(a). As a consideration for this franchise, FPL shall pay to the City,
164 commencing 90 days after the effective date hereof, and each month thereafter for the
165 remainder of the term of this franchise, an amount which added to the amount of all
166 licenses, excises, fees, charges and other impositions of any kind whatsoever (except ad
167 valorem property taxes and non-ad valorem tax assessments on property) levied or
168 imposed by the City against FPL's property, business or operations and those of its
169 subsidiaries during FPL's monthly billing period ending 60 days prior to each such payment
170 will equal 6 percent of FPL's billed revenues, less actual write-offs, from the sale of
171 electrical energy to residential, commercial and industrial customers (as such customers
172 are defined by FPL's tariff) within the incorporated areas of the City for the monthly billing
173 period ending 60 days prior to each such payment, and in no event shall payment for the
174 rights and privileges granted herein exceed 6 percent of such revenues for any monthly
175 billing period of FPL. In the event FPL subsequently collects previously written-off billed
176 revenues from the sale of electrical energy to residential, commercial, and industrial
177 customers, FPL shall pay to the City a franchise payment on such revenues in accordance
178 with the formula set forth above in this Section 6(a). FPL shall continue to remit payment in
179 a manner consistent with the Current Franchise Agreement until the first payment is due
180 under this New Franchise Agreement.
181 The City understands and agrees that such revenues as described in the
182 preceding paragraph are limited, as in the existing franchise Ordinance No. 7-84-1202, to
183 the precise revenues described therein, and that such revenues do not include, by way of
184 example and not LIMITED TO limitation: (a) revenues from the sale of electrical energy for
185 Public Street and Highway Lighting (service for lighting public ways and areas); (b)
186 revenues from Other Sales to Public Authorities (service with eligibility restricted to
187 governmental entities); (c) revenues from Sales to Railroads and Railways (service
188 supplied for propulsion of electric transit vehicles); (d) revenues from Sales for Resale
189 (service to other utilities for resale purposes); (e) franchise fees; (f) Late Payment Charges;
190 (g) Field Collection Charges; (h) other service charges.
191 (b) If during the term of this franchise FPL enters into a franchise agreement with
192 any other municipality located in Miami-Dade County or Broward County, Florida, where
193 the number of FPL's meters for active electrical customers does not exceed the number of
194 meters for FPL's active electrical customers within the incorporated area of the City by
195 more than one hundred and fifty (150) percent, the terms of which provide for the payment
196 of franchise fees by FPL at a rate greater than 6 percent of FPL's residential, commercial
197 and industrial revenues (as such customers are defined by FPL's tariff), under terms and
198 conditions substantially similar to those specified in Section 6(a) hereof, FPL, upon written
199 request of the City, shall negotiate and enter into a new franchise agreement with the City
200 in which the percentage to be used in calculating monthly payments under Section 6(a)
201 hereof shall be no greater than that percentage which FPL has agreed to use as a basis for
202 the calculation of payments to the other municipality, provided however, that such new
203 franchise agreement shall include additional benefits to FPL, in addition to all benefits
204 provided herein, at least equal to those provided by its franchise agreement with the other
205 municipality. Subject to all limitations, terms and conditions specified in the preceding
206 sentence, the City shall have the sole discretion to determine the percentage to be used in
207 calculating monthly payments, and FPL shall have the sole discretion to determine those
208 benefits to which it would be entitled, under any such new franchise agreement.
209 (c) The City reserves the unilateral right, at its sole discretion and at any time
210 during the term of this franchise but only once per calendar year, to reduce or increase the
211 franchise fee percentage rate, upon 120 days written notice to FPL provided that the
212 franchise fee percentage rate shall in no event exceed 6 percent or be reduced to zero
213 percent.
214 (d) The City's options hereunder shall be limited solely to the percentages or
215 calculations of the amount of the franchise fee to be paid by FPL as consideration for this
216 franchise as specifically set forth in this Section 6. Except as provided in this Section 6, no
217 other Section of this New Franchise Agreement may be altered, amended or affected by
218 the City without the written concurrence of FPL, and nothing herein shall require the City to
219 exercise any of its options hereunder.
220 Section 7. (a) As a further consideration, during the term of this franchise or any
221 extension thereof, the City agrees: (a) not to engage in the distribution and/or sale, in
222 competition with FPL, of electric capacity and/or electric energy to any other ultimate
223 consumer of electric utility service (herein called a "retail customer") or to any electrical
224 distribution system established solely to serve any retail customer formerly served by FPL
225 other than the City, and (b) not to participate in any proceeding or contractual
226 arrangement, the purpose or terms of which would be to obligate FPL to transmit and/or
227 distribute, electric capacity and/or electric energy from any third party(ies) to any other retail
228 customer's facility(ies). Nothing specified herein shall prohibit the City from engaging with
229 other utilities or persons in wholesale transactions, which are subject to the provisions of
230 the Federal Power Act.
231 (b) Nothing set forth in this New Franchise Agreement shall prohibit the City, if
232 permitted by law, (i) from purchasing electric capacity and/or electric energy from any
233 other person, or (ii) from seeking to have FPL transmit and/or distribute to any facility(ies)
234 of the City electric capacity and/or electric energy purchased by the City from any other
235 person; provided, however, that before the City elects to purchase electric capacity and/or
236 electric energy from any other person, the City shall notify FPL. Such notice shall include
237 a summary of the specific rates, terms and conditions which have been offered by the other
238 person and identify the City's facilities to be served under the offer. FPL shall thereafter
239 have 90 days to evaluate the offer and, if FPL offers rates, terms and conditions which are
240 equal to or better than those offered by the other person, the City shall be obligated to
241 continue to purchase from FPL electric capacity and/or electric energy to serve the
242 previously identified facilities of the City for a term no shorter than that offered by the other
243 person. If FPL does not agree to rates, terms and conditions, which equal or better the
244 other person's offer, all of the remaining terms and conditions of this franchise shall remain
245 in effect. This Section 7(b) shall apply only to the City's purchase of electric capacity or
246 energy for use solely by the City as a retail customer.
247 (c) Nothing herein shall prohibit or limit a customer of FPL, including the City, if
248 permitted by law, from installing an approved renewable generation system to generate
249 electric energy for use at the customer's or the City's premises respectively. Furthermore,
250 nothing herein shall prohibit or limit a person, including the City, if permitted by law, from
251 selling renewable energy or capacity to FPL.
252 Section 8. If the City grants a right, privilege or franchise to any other person to
253 provide electricity for electric light and power facilities within any part of the incorporated
254 areas of the City in which FPL may lawfully serve or compete on terms and conditions
255 which FPL reasonably determines are more favorable than the terms and conditions
256 contained herein, FPL may at any time thereafter terminate this franchise if such terms and
257 conditions are not revised within the time period provided hereafter. FPL shall give the City
258 at least one hundred eighty (180) days advance written notice of its intent to terminate.
259 Such notice shall, without prejudice to any of the rights reserved for FPL herein, advise the
260 City of such terms and conditions that it considers more favorable and the objective basis
261 or bases of the claimed competitive disadvantage. The City shall then have ninety (90)
262 days in which to correct or otherwise remedy the terms and conditions complained of by
263 FPL. If FPL determines that such terms or conditions are not remedied by the City within
264 said time period, FPL may terminate this franchise agreement by delivering written, notice
265 by Certified United States Mail to the City's Clerk with copies to the Mayor, the City
266 Manager and the City Attorney and termination shall be effective on the date of delivery of
267 such notice. Nothing contained herein shall be construed as constraining the City's rights
268 to legally challenge at any time FPL's determination leading to termination under this
269 section.
270 Section 9. If as a direct or indirect consequence of any legislative, regulatory or
271 other action by the United States of America or the State of Florida (or any department,
272 agency, authority, instrumentality or political subdivision of either of them) any person who
273 offers retail electric service to the public is permitted to provide electric service within the
274 incorporated areas of the City to any applicant for electric service within any part of the
275 incorporated areas of the City in which FPL may lawfully serve, and FPL reasonably
276 determines that its obligations hereunder, or otherwise resulting from this franchise in
277 respect to rates and service, place it at a competitive disadvantage with respect to such
278 other person, FPL may, at any time after the taking of such action, terminate this franchise
279 if such competitive disadvantage is not remedied within the time period provided hereafter.
280 FPL shall give the City at least 180 days advance written notice of its intent to terminate.
281 Such notice shall, without prejudice to any of the rights reserved for FPL herein, advise the
282 City of the consequences of such action which resulted in the competitive disadvantage.
283 The City shall then have 90 days in which to correct or otherwise remedy the competitive
284 disadvantage. If such competitive disadvantage is not remedied by the City within said
285 time period, FPL may terminate this franchise agreement by delivering written notice to the
286 City's Clerk and termination shall take effect on the date of delivery of such notice. Nothing
287 contained herein shall be construed as constraining the City's rights to legally challenge at
288 any time FPL's determination leading to termination under this section.
289 Section 10. Failure on the part of FPL to comply in any substantial respect with
290 any of the provisions of this franchise shall be grounds for forfeiture, but no such forfeiture
291 shall take effect if the reasonableness or propriety thereof is protested by FPL until there is
292 final determination (after the expiration or exhaustion of all rights of appeal) by a court of
293 competent jurisdiction that FPL has failed to comply in a substantial respect with any of the
294 provisions of this franchise, and FPL shall have six months after such final determination to
295 make good the default before a forfeiture shall result with the right of the City at its
296 discretion to grant such additional time to FPL for compliance as necessities in the case
297 may warrant.
298 Section 11. Failure on the part of the City to comply in substantial respect with
299 any of the provisions of this New Franchise Agreement, including but not limited to: (a)
300 denying FPL use of public rights-of-way for reasons other than as set forth in Section 3 of
301 this New Franchise Agreement; (b) imposing conditions for use of public rights-of-way
302 contrary to Federal or Florida law or the terms and conditions of this franchise; (c)
303 unreasonable delay in issuing FPL a use permit to construct its facilities in public
304 rights-of-way, shall constitute breach of this franchise. FPL shall notify the City of any such
305 breach in writing sent by Certified United States Mail or via nationally recognized overnight
306 courier and the City shall then remedy such breach as soon as practicable. Should the
307 breach not be timely remedied, FPL shall be entitled to seek a remedy available under law
308 or equity from a court of competent jurisdiction, including the withholding of the payments
309 provided for in Section 8 as a court of competent jurisdiction determines to be just and
310 reasonable under all the circumstances hereof until such time as a use permit is issued or a
311 court of competent jurisdiction has reached a final determination dispositive of the matter.
312 Section 12. The Parties to this franchise agree that it is in each of their respective
313 best interests to avoid costly litigation as a means of resolving disputes, which may arise
314 hereunder. Accordingly, the Parties agree that prior to pursuing their available legal
315 remedies, they will meet at the senior management level in an attempt to resolve any
316 disputes. If such informal efforts are unsuccessful after a reasonable period of time, or
317 when an impasse is declared by the Parties, then the Parties may exercise any of their
318 available legal remedies.
319 Section 13. The City may, upon reasonable notice and within 90 days after each
320 anniversary date of this franchise, at the City's expense, examine the records of FPL
321 relating to the calculation of the franchise payment for the year preceding such anniversary
322 date. Such examination shall be during normal business hours at FPL's office where such
323 records are maintained. Records not prepared by FPL in the ordinary course of business
324 or as required herein may be provided at the City's expense and as the City and FPL may
325 agree in writing. Information identifying FPL's customers by name or their electric
326 consumption shall not be taken from FPL's premises. Such audit shall be impartial and all
327 audit findings, whether they decrease or increase payment to the City, shall be reported to
328 FPL. If the findings from such audit indicate the payment to the City should be increased by
329 an amount that is equal to or greater than ten (10) times the cost of the City's reasonable
330 audit expenses and expenses for records not kept by FPL in the ordinary course of
331 business, then such expenses shall be reimbursed by FPL including the cost of the audit.
332 The City's right to examine FPL's records in accordance with this Section shall not be
333 conducted by any third party employed by the City whose fee, in whole or part, for
334 conducting such audit is contingent on findings of the audit.
335 The City waives, settles and bars all claims relating in any way to the amounts
336 paid by FPL under the Current Franchise Agreement embodied in Ordinance No.
337 7-84-1202, however, this provision shall not be construed to waive, settle or bar claims
338 relating to any amounts due after the effective date of this New Franchise Agreement,
339 including those amounts to be paid in a manner consistent with the terms of the Current
340 Franchise Agreement until the first payment is made under this New Franchise Agreement.
341 Section 14. The provisions of this ordinance are interdependent upon one
342 another and if any of the provisions of this ordinance are found or adjudged to be invalid,
343 illegal, void or of no effect by a court of competent jurisdiction (after the expiration of all
344 rights of appeal), such finding or adjudication shall not affect the validity of the remaining
345 provisions for a period of ninety (90) days, during which, this agreement may be amended
346 by the Parties. If an agreement to amend the ordinance is not reached at the end of such
347 ninety (90) day period, this entire ordinance shall then become null and void, and of no
348 further force or effect.
349 Section 15. The City acknowledges it is fully informed concerning the existing
350 franchise granted by Miami-Dade County, Florida, to FPL, and accepted by FPL as set out
351 in Ordinance No. 60-16 adopted on May 3,1960, and subsequently renewed and accepted
352 by FPL as set out in Ordinance No. 89-81 adopted on September 5, 1989 by the Board of
353 County Commissioners of Miami-Dade County, Florida. The City agrees to indemnify and
354 hold FPL harmless against any and all liability, loss, cost, damage and expense incurred by
355 FPL in respect to any claim asserted by Miami-Dade County against FPL arising out of the
356 franchise set out in the above referenced ordinances for the recovery of any sums of
357 money paid by FPL to the City under the terms of this New Franchise Agreement. FPL
358 acknowledges and the City hereby relies, in part, on then Dade County Resolution No.
359 R-709-78 adopted on June 20, 1978 in the granting of this franchise.
360 Section 16. As used herein "person" means an individual, a partnership, a
361 corporation, a business trust, a joint stock company, a trust, an incorporated association, a
362 joint venture, a governmental authority or any other entity of whatever nature.
363 Section 17. Ordinance No. 7-84-1202, passed and adopted May 15,1984 and all
364 other ordinances and parts of ordinances and all resolutions and parts of resolutions in
365 conflict herewith, are hereby repealed.
366 Section 18. This New Franchise Agreement shall be governed and construed by
367 the laws and administrative rules of the State of Florida and the United States. In the event
368 that any legal proceeding is brought to enforce the terms of this franchise, it shall be
369 brought by either party hereto in Miami-Dade County, Florida, or, if a federal claim, in the
370 U.S. District Court in and for the Southern District of Florida, Miami Division.
371 Section 19. This New Franchise Agreement is intended to constitute the entire
372 agreement between the City and FPL with respect to the subject matters hereof, and it
373 supersedes all prior drafts and verbal or written agreements, commitments, or
374 understandings, which shall not be used to vary or contradict the expressed terms hereof.
375 Section 20. Except in exigent circumstances, and except as otherwise may be
376 specifically provided for in this franchise, all notices by either party shall be made by
377 Certified United States Mail or via nationally recognized overnight courier service. Any
378 notice given by facsimile or email is deemed to be supplementary, and does not alone
379 constitute notice hereunder. All notices shall be addressed as follows:
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381 To the City: To FPL:
382 City Manager
383 City Hall, 1st Floor
384 6130 Sunset Drive
385 South Miami, FL 33143
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387 Copy to: Copy to:
388 City Attorney
389 1450 Madruga Avenue
390 Suite 202
391 Coral Gables, FL 33146
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395 Any changes to the above shall be in writing and provided to the other party as soon as
396 practicable.
397 Section 21. As a condition precedent to the taking effect of the New Franchise
398 Agreement, FPL shall file its acceptance hereof with the City's Clerk within 30 days of
399 adoption of this ordinance. The effective date of the New Franchise Agreement shall be
400 the date upon which FPL files such acceptance.
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PASSED AND ENACTED this __ day of _____ , 2014.
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ATTEST:
CITY CLERK
1st Reading
2 nd Reading
READ AND APPROVED AS TO FORM:,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Harris:
Commissioner Edmond:
Commissioner Liebman:
Commissioner Welsh:
MIAMI HERALD
NEIGHBORS
CALENDAR
• CALENDAR, FROM 34SE
CIVIC/GOVERNMENT
Community Services and the Mil-
itary: Community discussion on
challenges faced by veterans and
returning military seeking services
through the Veteran's Administration
Medical Center. RSVP required at
beaconcouncil.com/events.
8 a.m. Aug. 28. Beacon Council, 80
SW Eighth St. Suite 2400. Downtown
Miami. $30; $20 members .
FAIRS & FESTIVALS
Brickell Fashion Market's, A Trend-
setter's Bazaar: Wide range of
trendy clothing, shoes, bags and
accessories from reputable brands
and up-and-coming designers from
all over the world.
TI a.m. Aug. 24. InterContinental
Miami. 100 Chopin Plaza. Downtown
Miami, Free. 786-546-8500.
Cultural Souls Fine Art Fair-Miami:
Weekend art fair showcases the
works by established and emerging
artists from around the world plus
interactive demos and live art
auction.
10 a.m. Aug, 24. Sherbondy Village
• TURN TO CALENDAR, 3aSE
ALL LEVELS WELCOME!
Intro Classes To Competative Leagues
August 23 • December 13, 2014
Two Full Courts In Our Indoor Gym
League Players Receive Uniforms & Trophies
• Biddy Clinic -Grades K -:1
• Youth Leagues -Grades 1-2, 3-5
• Teen Leagues -Grades 6-8, 9-12
• Corporate Basketball -18 yrs +
CALL: 305.271.9000 x292
Dave and Mary Alper JCC
on the Jay Morton-Levinthal Campus
1.1.1.55 SW 1.1.2 Avenue, Miami· alperjcc.org
PUBLIC MEETINGS on
MIAMS BUDGET issues including
rmmiiiil' Taxes and Fees for the
FY 2014 ·15 Proposed Budget
Miami-Dade County will hold a public meeting in your area to discuss
proposed adjustments to taxes and/or fees. On each of the dates
and locations listed below. the Office of Management and Budget will
make a presentation to discuss the FY 2014 -15 Proposed Budget.
MMMfW
Miami Gardens, FL 33056
All of these sessions are free and open to the public. For further
information, please call Anita Gibboney at 305-375-5414,
CITY OF SOUTH MIAMI
COURTESY NOTICE
355E
NOTICE IS HEREBY given that the Cit)' Commission of the City of South Miami, Florida will conduct
Public Hearing(s) at its regular City Commission meeting scheduled for Tuesday. September 2, 2014
beginning at 7:00 p.m.,in the City Commission Chambers, 6130 Sunset Drive, to consider the fonowing itcm(s):
A Resolution authorizing the City Manager to execute a five (5) year contract with Laz Parking
Inc. for an amount nor to exceed $1,120,419 for a five (5) year period.
(
An Ordinance granting to Florida Power & Lighr Company, its successors and assigns, an electriC)
franchise, imposing provisions and conditions relating thereto, providing for monthly payments to
the City of South Nliami, and providing for an effective date.
An Ordinance amending Section 20-7.12 of the City of South 11iami Land Development
Code concerning parking requirements for restaurants within the Hometown District Overlay
(HD-OV) Zone.
An Ordinance amending the City of South 1vliarni Land Development Code Section 20-7.12
Permitted Uses; (A). Storefront Uses within the Hometown District O\'erlay, to reference
provisions for schools adopted by Ordinance 05-11-2078.
ALL interested parties arc 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 pwceedings, and that for such purpose, I\ffected person may need to ensure that 1\ verbtim record of the proceedings is
madc which record includes the testimony and evidence upon which thc appeal is to be based.
WHAT EDUCATION SHOULD BE!
If is liTe po/hy (!f"Miami-Dode Count)' to comply w;lh all o/rhe requirements of
the A l17eriwns fl.'jlll Disahilities Act. Thefacil fry is (lccessihie. F orsigl1 language
inferprel.:rs, assisfive listening devices or materials in accessihle jimnal.
ph'a,I',-L'(/f! (305) 375-1545 at /eusf./il'c du),s in uJI'(In(:e.
RIVIERA DAY SCHOOL 6800 Nervia Street. Coral Gables, FL 33146 t Tel. 305_666.1856
RIVIERA PREPARATORY SCHOOL 9775 SW 87 Avenue, Miami, FL 33176 I Tel. 786_300_0300
www.rivieraschools_comIAccrcditedbyA1SF.SACS.MSA.Ai. NCPSA, NIPSA
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 9/2/2014
in the XXXX Court,
was published in said newspaper in the issues of
08/22/2014
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 ro' any person, firm or corporation
any discount, reb , commission or r und for the purpose
of . a ve nt for pub!' alion in the said
(SEAL)
MARIA MESA personally known to me
eTt40-",,,",,,, . State of Rodda ","J-"~' Pu !:'-.. Notary Public· 2 tOn
i'" .. .*<' ~ M Comm Explres"O'I •
:.: ,.': Y Is'SI'on#Ff034747 ~ • "l comm A 1\ ,,~,~ Of ,,()~~o: OA ded Througll National Notary 55 .
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