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1 ORDINANCE NO. ______ _
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4 AN ORDINANCE GRANTING TO FLORIDA POWER &
5 LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS,
6 AN ELECTRIC FRANCHISE, IMPOSING PROVISIONS
7 AND CONDITIONS RELATING THERETO, PROVIDING
8 FOR MONTHLY PAYMENTS TO THE CITY OF SOUTH
9 MIAMI, AND PROVIDING FOR AN EFFECTIVE DATE.
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11 WHEREAS, the City Commission of the City of South Miami, Florida
12 recognizes that the City of South Miami (the "City") and its citizens need and desire
13 the continued benefits of electric service; and
14 WHEREAS, the provision of such service requires substantial investments
15 of capital and other resources in order to construct, maintain and operate facilities
16 essential to the provision of such service in addition to costly administrative
17 functions, and the City does not desire to undertake to provide such services at this
18 time; and
19 WHEREAS, Florida Power & Light Company ("FPL") is a public utility
20 which has the demonstrated ability to supply such services; and
21 WHEREAS, there is currently in effect a franchise agreement between the
22 City and FPL, the terms of which are set forth in City Ordinance No. 7-84-1202,
23 passed and adopted May 15, 1984, and FPL's written acceptance thereof dated
24 May 18, 1984 granting to FPL, its successors and assigns, a thirty (30) year electric
25 franchise ("Current Franchise Agreement"). As a result of short extensions passed
26 and adopted by the City on May 14, 2014 and on August 19, 2014, respectively,
27 and accepted byt FPL, the Current Franchise Agreement expires on September 18,
28 2014; and
1 WHEREAS, FPL and the City (collectively, the "Parties") desire to enter
2 into a new agreement ("New Franchise Agreement") providing for the payment of
3 fees to the City in exchange for the nonexclusive right and privilege of supplying
4 electricity within the City free of competition from the City, pursuant to certain terms
5 and conditions; and
6 WHEREAS, the City Commission deems it to be in the public interest to
7 enter into this agreement addressing certain rights and responsibilities of the
8 Parties as they relate to the use of the public rights-of-way within the City's
9 jurisdiction.
10 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
11 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
12 Section 1. The foregoing recitals are hereby found to be true and correct,
13 and are incorporated herein and adopted and approved as if set out at length.
14 Section 2. There is hereby granted to FPL, its successors and assigns, for
15 the period of 30 years from the effective date hereof, the nonexclusive right,
16 privilege and franchise (hereinafter called "franchise") to construct, operate and
17 maintain in, under, upon, along, over and across the present and future roads,
18 streets, alleys, bridges, easements, rights-of-way and other public places
19 (hereinafter called "public rights-of-way") throughout all of the incorporated areas,
20 as such incorporated areas may be constituted from time to time, of the City and its
21 successors, in accordance with FPL's customary practices, and practices
22 prescribed herein, with respect to construction and maintenance of the electrical
23 light, power and related facilities, including, without limitation, conduits,
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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.
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 Transporation 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 standards set forth above,
(iii) shall not unreasonably interfere with FPL's ability to
furnish reasonably sufficient, adequate and efficient
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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 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
13 facilities installed after the effective date hereof should, unless otherwise permitted,
14 be installed near the outer boundaries of the public rights-of-way to the extent
15 possible.
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(d) When any portion of a public right-of-way is excavated, damaged or
impaired by FPL or any of its agents, contractors or subcontractors because of the
installation, inspection, or repair of any of its facilities, the portion so excavated,
damaged or impaired shall, within a reasonable time and as early as practicable
after such excavation, be restored to a condition equal to or better than its original
condition before such damage by FPL at its expense.
(e) The City shall not be liable to FPL for any cost or expense incurred in
connection with the relocation of any of FPL's facilities required under this Section,
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1 except, however, that FPL may be entitled to reimbursement of its costs and
2 expenses from others and as provided by law.
3 Except as expressly provided, nothing herein shall limit or alter the City's
4 existing rights with respect to the use or management of its rights-of-way that are
5 not otherwise preempted by the state or federal government.
6 Section 4. The acceptance of this New Franchise Agreement shall be
7 deemed an agreement on the part of FPL to the following: (a) to indemnify and
8 save the City harmless from any and all damages, claims, liability, losses and
9 causes of action of any kind or nature arising out of a negligent error, omission, or
10 act of FPL, its Contractor or any of their agents, representatives, employees, or
11 assigns, or anyone else acting by or through them, and arising out of or concerning
12 the construction, operation or maintenance of its facilities hereunder; (b) to pay all
13 damages, claims, liabilities and losses of any kind or nature Whatsoever, in
14 connection therewith, including the City's attorney's fees and expenses in the
15 defense of any action in law or equity brought against the City, including appellate
16 fees and costs and fees and expenses incurred to recover attorney's fees and
17 expenses from FPL, arising from the negligent error, omission, or act of FPL, its
18 Contractor or any of their agents, representatives, employees, or assigns, or
19 anyone else acting by or through them, and arising out of or concerning the
20 construction, operation or maintenance of its facilities hereunder.
21 Section 5. All rates and rules and regulations established by FPL from
22 time to time shall be subject to such regulation as may be provided by law.
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1 Section 6(a). As a consideration for this franchise, FPL shall pay to the
2 City, commencing 90 days after the effective date hereof, and each month
3 thereafter for the remainder of the term of this franchise, an amount which added to
4 the amount of all licenses, excises, fees, charges and other impositions of any kind
5 whatsoever (except ad valorem property taxes and non-ad valorem tax
6 assessments on property) levied or imposed by the City against FPL's property,
7 business or operations and those of its subsidiaries during FPL's monthly billing
8 period ending 60 days prior to each such payment will equal six percent of FPL's
9 billed revenues, less actual write-offs, from the sale of electrical energy to
10 residential, commercial and industrial customers (as such customers are defined by
11 FPL's tariff) within the incorporated areas of the City for the monthly billing period
12 ending 60 days prior to each such payment. In no event shall payment for the
13 rights and privileges granted herein exceed 6 percent of such revenues for any
14 monthly billing period of FPL. For clarity, actual write offs will be subtracted from
15 FPL's billed revenues. In the event FPL subsequently collects previously written-off
16 billed revenues from the sale of electrical energy to residential, commercial, and
17 industrial customers, FPL shall pay to the City a franchise payment on such
18 revenues in accordance with the formula set forth above in this Section 6(a). FPL
19 shall continue to remit payment in a manner consistent with the Current Franchise
20 Agreement until the first payment is due under this New Franchise Agreement.
21 The City understands and agrees that such revenues as described in the
22 preceding paragraph are limited, as in the existing franchise Ordinance No. 7-84-
23 1202, to the precise revenues described therein, and that such revenues do not
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1 include, by way of example and not limited to: (a) revenues from the sale of
2 electrical energy for Public Street and Highway Lighting (service for lighting public
3 ways and areas); (b) revenues from Other Sales to Public Authorities (service with
4 eligibility restricted to governmental entities); (c) revenues from Sales to Railroads
5 and Railways (service supplied for propulsion of electric transit vehicles); (d)
6 revenues from Sales for Resale (service to other utilities for resale purposes); (e)
7 franchise fees; (f) Late Payment Charges; (g) Field Collection Charges; (h) other
8 service charges.
9 (b) If during the term of this franchise FPL enters into a franchise
10 agreement with any other municipality located in Miami-Dade County or Broward
11 County, Florida, where the number of FPL's meters for active electrical customers
12 does not exceed the number of meters for FPL's active electrical customers within
13 the incorporated area of the City by more than one hundred and fifty (150) percent,
14 the terms of which provide for the payment of franchise fees by FPL at a rate
15 greater than 6 percent of FPL's residential, commercial and industrial revenues (as
16 such customers are defined by FPL's tariff), under substantially similar terms and
17 conditions as specified in Section 6(a) hereof, FPL, upon written request of the City,
18 shall negotiate and enter into a new franchise agreement with the City in which the
19 percentage to be used in calculating monthly payments under Section 6(a) hereof
20 shall be no greater than that percentage which FPL has agreed to use as a basis
21 for the calculation of payments to the other municipality, provided however, that
22 such new franchise agreement shall include additional benefits to FPL, in addition
23 to all benefits provided herein, at least equal to those, if any, provided by its
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1 franchise agreement with the other municipality. Subject to all limitations, terms and
2 conditions specified in the preceding sentence, the City shall have the sole
3 discretion to determine the percentage to be used in calculating monthly payments,
4 and FPL shall have the sole discretion to determine those benefits to which it would
5 be entitled, under any such new franchise agreement.
6 (c) The City reserves the unilateral right, at its sole discretion and at any
7 time during the term of this franchise but only once per calendar year, to reduce or
8 increase the franchise fee percentage rate, upon 120 days written notice to FPL
9 provided that the franchise fee percentage rate shall in no event exceed 6 percent
10 or be reduced to zero percent.
11 (d) The City's options hereunder shall be limited solely to the percentages
12 or calculations of the amount of the franchise fee to be paid by FPL as
13 consideration for this franchise as specifically set forth in this Section 6. Except as
14 provided in this Section 6, no other Section of this New Franchise Agreement may
15 be altered, amended or affected by the City without the written concurrence of FPL,
16 and nothing herein shall require the City to exercise any of its options hereunder.
17 Section 7. (a) As a further consideration, during the term of this franchise
18 or any extension thereof, the City agrees: (a) not to engage in the distribution
19 and/or sale, in competition with FPL, of electric capacity and/or electric energy to
20 any other ultimate consumer of electric utility service (herein called a "retail
21 customer") or to any electrical distribution system established solely to serve any
22 retail customer formerly served by FPL other than the City, and (b) not to
23 participate in any proceeding or contractual arrangement, the purpose or terms of
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1 which would be to obligate FPL to transmit and/or distribute, electric capacity and/or
2 electric energy from any third party(ies) to any other retail customer's facility(ies).
3 Nothing specified herein shall prohibit the City from engaging with other utilities or
4 persons in wholesale transactions which are subject to the provisions of the Federal
5 Power Act.
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7 (b) Nothing herein shall prohibit or limit a customer of FPL, including the
8 City, if permitted by law, from installing an approved renewable generation system
9 to generate electric energy for use at the customer's or the City's premises
10 respectively. Furthermore, nothing herein shall prohibit or limit a person, including
11 the City, if permitted by law, from selling renewable energy or capacity to FPL.
12 Section 8. If the City grants a right, privilege or franchise to any other
13 person to provide retail electric service within any part of the incorporated areas of
14 the City in which FPL may lawfully serve or compete on terms and conditions which
15 FPL reasonably determines are more favorable than the terms and conditions
16 contained herein, FPL may at any time thereafter terminate this franchise if such
17 terms and conditions are not revised within the time period provided hereafter. FPL
18 shall give the City at least one hundered eighty (180) days advance written notice
19 of its intent to terminate. Such notice shall, without prejudice to any of the rights
20 reserved for FPL herein, advise the City of such terms and conditions that it
21 considers more favorable and the objective basis or bases of the claimed
22 competitive disadvantage. The City shall then have ninety (90) days in which to
23 correct or otherwise remedy the terms and conditions complained of by FPL. If FPL
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1 determines that such terms or conditions are not remedied by the City within said
2 time period, FPL may terminate this franchise agreement by delivering written
3 notice by Certified United States Mail to the City's Clerk with copies to the Mayor,
4 the City Manager and the City Attorney and termination shall be effective on the
5 date of delivery of such notice. Nothing contained herein shall be construed as
6 constraining the City's rights to legally challenge at any time FPL's determination
7 leading to termination under this section.
8 Section 9. If as a direct or indirect consequence of any legislative,
9 regulatory or other action by the United States of America or the State of Florida (or
10 any department, agency, authority, instrumentality or political subdivision of either
11 of them) any person who offers retail electric service to the public is permitted to
12 provide electric service within the incorporated areas of the City to any applicant for
13 electric service within any part of the incorporated areas of the City in which FPL
14 may lawfully serve, and FPL reasonably determines that its obligations hereunder,
15 or otherwise resulting from this franchise in respect to rates and service, place it at
16 a competitive disadvantage with respect to such other person, FPL may, at any
17 time after the taking of such action, terminate this franchise if such competitive
18 disadvantage resulting from this fanchise is not remedied within the time period
19 provided hereafter. FPL shall give the City at least 180 days advance written notice
20 of its intent to terminate. Such notice shall, without prejudice to any of the rights
21 reserved for FPL herein, advise the City of the consequences of such action which
22 resulted in the competitive disadvantage. The City shall then have 90 days in
23 which to correct or otherwise remedy the competitive disadvantage. If such
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1 competitive disadvantage is not remedied by the City within said time period, either
2 by a franchise agreement with such other person or otherwise, FPL may terminate
3 this franchise agreement by delivering written notice to the City's Clerk and
4 termination shall take effect on the date of delivery of such notice. Agreement by
5 the City with such other person to enter into a franchise containing substantially the
6 same terms as those provided herein shall be a sufficient, but not exclusive,
7 remedy precluding FPL's termination of this franchise. Nothing contained herein
8 shall be construed as constraining the City's rights to legally challenge at any time
9 FPL's determination leading to termination under this section.
10 Section 10. Failure on the part of FPL to comply in any substantial respect
11 with any of the provisions of this franchise shall be grounds for forfeiture, but no
12 such forfeiture shall take effect if the reasonableness or propriety thereof is
13 protested by FPL until there is final determination (after the expiration or exhaustion
14 of all rights of appeal) by a court of competent jurisdiction that FPL has failed to
15 comply in a substantial respect with any of the provisions of this franchise, and FPL
16 shall have six months after such final determination to make good the default
17 before a forfeiture shall result with the right of the City at its discretion to grant such
18 additional time to FPL for compliance as necessities in the case may warrant.
19 Section 11. Failure on the part of the City to comply in substantial respect
20 with any of the provisions of this New Franchise Agreement, including but not
21 limited to: (a) denying FPL use of public rights-of-way for reasons other than as set
22 forth in Section 3 of this New Franchise Agreement; (b) imposing conditions for use
23 of public rights-of-way contrary to Federal or Florida law or the terms and conditions
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1 of this franchise; (c) unreasonable delay in issuing FPL a use permit to construct its
2 facilities in public rights-of-way, shall constitute breach of this franchise. FPL shall
3 notify the City of any such breach in writing sent by Certified United States Mail or
4 via nationally recognized overnight courier and the City shall then remedy such
5 breach as soon as practicable. Should the breach not be timely remedied, FPL
6 shall be entitled to seek a remedy available under law or equity from a court of
7 competent jurisdiction, including the withholding of the payments provided for in
8 Section 8 as a court of competent jurisdiction determines to be just and reasonable
9 under all the circumstances hereof until such time as a use permit is issued or a
10 court of competent jurisdiction has reached a final determination dispositive of the
11 matter.
12 Section 12. The Parties to this franchise agree that it is in each of their
13 respective best interests to avoid costly litigation as a means of resolving disputes
14 which may arise hereunder. Accordingly, the Parties agree that prior to pursuing
15 their available legal remedies, they will meet at the senior management level in an
16 attempt to resolve any disputes. If such informal efforts are unsuccessful after a
17 reasonable period of time, or when an impasse is declared by the Parties, then the
18 Parties may exercise any of their available legal remedies.
19 Section 13. The City may, upon reasonable notice and within 90 days
20 after each anniversary date of this franchise, at the City's expense, examine the
21 records of FPL relating to the calculation of the franchise payment for the year
22 preceding such anniversary date. Such examination shall be during normal
23 business hours at FPL's office where such records are maintained. Records not
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1 prepared by FPL in the ordinary course of business or as required herein may be
2 provided at the City's expense and as the City and FPL may agree in writing.
3 Information identifying FPL's customers by name or their electric consumption shall
4 not be taken from FPL's premises. Such audit shall be impartial and all audit
5 findings, whether they decrease or increase payment to the City, shall be reported
6 to FPL. The City's right to examine FPL's records in accordance with this Section
7 shall not be conducted by any third party employed by the City whose fee, in whole
8 or part, for conducting such audit is contingent on findings of the audit.
9 The City waives, settles and bars all claims relating in any way to the
10 amounts paid by FPL under the Current Franchise Agreement embodied in
11 Ordinance No. 7-84-1202, however, this provision shall not be construed to waive,
12 settle or bar claims relating to any amounts due after the effective date of this New
13 Franchise Agreement, including those amounts to be paid in a manner consistent
14 with the terms of the Current Franchise Agreement until the first payment is made
15 under this New Franchise Agreement.
16 Section 14. The provisions of this ordinance are interdependent upon one
17 another and if any of the provisions of this ordinance are found or adjudged to be
18 invalid, illegal, void or of no effect by a court of competent jurisdiction (after the
19 expiration of all rights of appeal), such finding or adjudication shall not affect the
20 validity of the remaining provisions for a period of ninety (90) days, during which,
21 this agreement may be amended by the Parties. If an agreement to amend the
22 ordinance is not reached at the end of such ninety (90) day period, this entire
23 ordinance shall then become null and void, and of no further force or effect.
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1 Section 15. The City acknowledges it is fully informed concerning the
2 existing franchise granted by Miami-Dade County, Florida, to FPL, and accepted by
3 FPL as set out in Ordinance No. 60-16 adopted on May 3, 1960, and subsequently
4 renewed and accepted by FPL as set out in Ordinance No. 89-81 adopted on
5 September 5, 1989 by the Board of County Commissioners of Miami-Dade County,
6 Florida. The City agrees to indemnify and hold FPL harmless against any and all
7 liability, loss, cost, damage and expense incurred by FPL in respect to any claim
8 asserted by Miami-Dade County against FPL arising out of the franchise set out in
9 the above referenced ordinances for the recovery of any sums of money paid by
10 FPL to the City under the terms of this New Franchise Agreement. FPL
11 acknowledges and the City hereby relies, in part, on then Dade County Resolution
12 No. R-709-78 adopted on June 20,1978 in the granting of this franchise.
13 Section 16. As used herein "person" means an individual, a partnership, a
14 corporation, a business trust, a joint stock company, a trust, an incorporated
15 association, a joint venture, a governmental authority or any other entity of
16 whatever nature.
17 Section 17. Ordinance No. 7-84-1202, passed and adopted May 15,1984
18 and all other ordinances and parts of ordinances and all resolutions and parts of
19 resolutions in conflict herewith, are hereby repealed.
20 Section 18. This New Franchise Agreement shall be governed and
21 construed by the laws and administrative rules of the State of Florida and the
22 United States. In the event that any legal proceeding is brought to enforce the
23 terms of this franchise, it shall be brought by either party hereto in Miami-Dade
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1 County, Florida, or, if a federal claim, in the U.S. District Court in and for the
2 Southern District of Florida, Miami Division.
3 Section 19. This New Franchise Agreement is intended to constitute the
4 entire agreement between the City and FPL with respect to the subject matters
5 hereof, and it supersedes all prior drafts and verbal or written agreements,
6 commitments, or understandings, which shall not be used to vary or contradict the
7 expressed terms hereof.
8 Section 20. Except in exigent circumstances, and except as otherwise
9 may be specifically provided for in this franchise, all notices by either party shall be
10 made by Certified United States Mail or via nationally recognized overnight courier
11 service. Any notice given by facsimile or email is deemed to be supplementary, and
12 does not alone constitute notice hereunder. All notices shall be addressed as
13 follows:
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15 To the City: To FPL:
16 City Manager
17 City Hall, 151 Floor
18 6130 Sunset Drive
19 South Miami, FL 33143
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21 Copy to: Copy to:
22 City Attorney
23 1450 Madruga Avenue
24 Suite 202
25 Coral Gables, FL 33146
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1 Any changes to the above shall be in writing and provided to the other party as
2 soon as practicable.
3 Section 21. As a condition precedent to the taking effect of the New
4 Franchise Agreement, FPL shall file its acceptance hereof with the City's Clerk
5 within 30 days of adoption of this ordinance. The effective date of the New
6 Franchise Agreement shall be the date upon which FPL files such acceptance.
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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
16
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Harris:
Commissioner Edmond:
Commissioner Liebman:
Commissioner Welsh:
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 9/16/2014
in the XXXX Court,
was published in said newspaper in the issues of
09105/2014
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 Rro . person, firm or corporation
any disco ommission or re nd for the purpose
curing this ment for public lion in the said
newspaper.
(SEAL)
MARIA MESA personally known to me
.. , ,~."
'''If, 6. THOMI\S 'da ~ ~~t.~. P(J~~ Notary Public -State 01 Floll ~ l<'[J.".\ My Comm. Expires Nov 2,2017 \~ .~j commission # FF 034747 •
"~'i 01' f\"~" "~nded Through National Notary Assn.
111'un'''' vu
MIAMI HERALD MiamiHerald.com SE 31SE
POLICE REPORT
• SOUTH MIAMI
A vandal painted red graf-
fiti on the sign at the Rosie
Lee Wesley Health Center
at 6601 SW 62nd Ave. be-
tween 7 p.m. July 18 and 7:45
am. July 21 Damage was es-
timated at $220.
A thief shattered the front
passenger window of a
black 2010 Audi TT and
stole a backpack, an Apple
MacBook Pro, and a Duo-
fold pen, all valued at $2,365,
in a parking lot in the 6200
block of South Dixie
Highway between 5:15 and
6:30 p.rn. July 22.
• PINECREST
A woman reported dam-
age to her 2012 Hyundai
when she arrived at the po-
lice department at 2:15 p.m.
July 28. The woman, who
lives in the 11S00 block of
Southwest 69th Avenue,
said the vehicle had been
parked in an unfenced
driveway since July 26 and
had not been moved again
until she discovered the
damage, which is valued at
$2,300.
Police were called to the
Bank of America at 9101 S.
Dixie Hwy. about 4:15 p.m.
July 28 in reference to verbal
threats. The victim reported
that a customer had verbally
threatened her. The victim
told police that when the of-
fender arrived at the bank
and inquired why his ac-
counts had been closed, he
became loud and offensive .
When the offender was
asked to leave, he was re-
ported to have said, "Don't
worry, I will take care of
you." The offender was not
on the scene when police ar-
rived and contact was not
CITY OF SOUTH MIAMI
COURTESY NOTICE
made with lrim.
A mail carrier called police
about 12:30 p.rn. Aug. 14 after
he noticed a broken window
at a residence in the 8200
block of Southwest 133rd
Street. Police determined
that a thief broke into the
house and took an unknown
number ofitems.
• KENDALL
A thief smashed the left
rear window of a white 2012
Cadillac Escalade EXT and
stole all four rims and tires
while the vehicle was in the
driveway of a residence in
the 12000 block of South-
west 100th Avenue be-
tween 9 p.m. Aug. 4 and 8:45
a.rn. Aug. 5. Damage and loss
were estimated at $3,000.
• PALMETTO BAY
A woman called police in
reference to a personal iden-
NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct
Public IIearing(s) at its regular City Commission meeting scheduled for Tuesday. September 16, 2014
beginning at 7:00 p.m .• in the City Commission Chambers, 6130 Sunset Drivc, to consider the following
item(s):
/" 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 t~ 1
the CitY of South .Mi'lmi, and providing for an effective date. J ., J
An Ordinance amending Section 20-7.12 of the City of South Miami Land Development Code
concerning parking requirements for restaurants within the Hometown District Overlay (HD-OV)
Zone,
An Ordinance of the City of South Miami, Florida, amending Section 2-7, Administrative
department; functions and duties; creating a cost recovery administrative program; providing for
repeal of ordinances in conflict; and providing an effective date.
An Ordinance relating to the fcc schedulc; amending ordinance 04-11-2077 to change the title to
"Schedule of Fees and Fines" and to increase some fees, adding neW fees, and deleting some fees
from the schedule.
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.
l\1aria M. Menendez, GMC
City Clerk
Pur~\I,l!lt to F!,)(id,1 Statutc~ 2R6.0105, the City herehy advises the puhlic that if a person decides to appc.)[ allY decision made by this
l\'):lrd, Agency I)! Commi,;sion with to any malter considered at it~ meeting Of hearing, he or she will need ,1 record of the
:lIld that fm stH;h pn."on lll.l}" need to ensure th,lt a \'erbatim record of the proceedings is made which
the the appe.,! is to he hased.
tification fraud. The wo-between noon Aug. 7 and
man, who lives in the 8900 9:30 arn. Aug. 9. A thief broke into a silver
block of Southwest 150th 2007 Toyota RAV 4 and stole
Street, said that someone A 20-year-old woman was $5 in change while the vehi-
used her personal identifi-arrested and charged with cle was parked in the drive-
cation information to try to grand theft after she tried to way of a residence in the
change her home and email steal $3,088 worth of mer-18500 block of South-
addresses on record at her chandise from the Nord-west 87th Court between
bank on Aug. 18. strom Department store at 4 p.rn. July 24 and 9:30 am.
4310 Ponce de Leon Blvd. July 25.
Police were called in refer-between 2:30 and 3 p.m.
ence to a bank fraud after a Aug. 6. A thief broke into a black
man, who lives in the 7200 2007 Dodge Ram 3500
block of Southwest 174th A 51-year-old woman be-parked along the roadside
Street, fraudulently cashed came a victim of a strong near Southwest 103rd
a forged check to his bank arm robbery in the 500 Avenue and Caribbean
account on Aug.l1 block of Biltmore Way be-Boulevard, and stole sever-
• CORAL GABLES tween 3 and 3:15 p.m. Aug. 6. al tools and a wallet, all val-
ued at $9,100, between 12:45 One or more thieves broke • CUTLER BAY and 1 arn. July 19. into and ransacked a resi-A thief broke into a gray
dence in the 2000 block of 2013 Toyota Tundra and This list is a sampling of Red Road between noon stole tools valued at $2,000 crimes reported in Miami-
and 6:45 p.rn. Aug. 7. from the driveway of a resi-Dade County cities. The dence in the 10500 block information is taken from A thief broke into and ran-of Southwest 200th Ter-official police reports, which
sacked a residence in the race between 6 p.m. July 30 may not contain statements 100 block of Oak Avenue and 10 am. July 31 from all parties involved.
NOTICE OF PUBLIC HEARING
CITY OF SOUTH MIAMI
Planning and Zoning Department
6130 Sunset Drive; South Miami, Florida 33143
Phone: (305) 663-6326; Fax #: (305) 666-4591
On ThursdaySeptemher 18, 2014 at 7:00 P.M., the City of South Miami's Planning Board will conduct public
hearings in the City Commission Chambers at the above address on the following items:
1. PB-14-008
Applicant: Ponce Davis, LLC.
A Resolution of the City of South Miami relating to a request to allow for the creation of parcels A and B on
property specifically located at 5980 SW 80th Street; South Miami, Florida widlin an RS-3; Low Density
Single-Family Residential Zoning District, pursuant to provisions pertaining to "Waiver of Plat" set forth
in Section 20-4.2(B) of the City of South Miami Land Development Code, and Section 28-4 of the Miami-
Dade County Code; for the purpose of constructing two new single family homes; and providing for a legal
description.
2. PB-14-009
Applicant: City of South Miami
Discussion of the compatibility between new single family home sizes, and existing homes within the single
family zoning districts, and possible recommendations for changes to the City's land development code.
All interested parties arc urged to attend. Objections or expressions of approval may be made in person at the hearing or filed in writing prior
to or at the hcaril1g. 'n'e Plarming Board resc:n'es the right to recommend to the City Commission whatever the board considers in the best
interest for the area involved. Interested parties requesting information arc asked to contact the Planning and Zoning Department by calling
305-663-6326 or writing to the address indicated abo\'C.
You are hereby :Idvised that if any person desires to appeal any decision made with respect to any matter considered ;,t this meeting or he:lring,
such person will need a record of the proceedings, and for such purpose may need to ensure that a verbatim record of the proceedings is
made, which record indudes the testimony and evidence upon which the appcal is to be based (F.S. 286.0105). Rcfcr to hearing number
when making any inquiry.