Ord. No. 07-84-1202-AORDINANCE NO.n-n-l'1-
AN ORDINANCE GRANTING TO FLORIDA POWER <5r
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.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SOUTH
MIAMI:
Section 1.There is hereby granted to Florida Power <5r Light Company (herein
called the "Grantee"),its successors and assigns,the non-exclusive right,privilege or
franchise to construct,maintain and operate in,under,upon,over and across the present
and future streets,alleys,bridges,easements and other public places of the City of South
Miami,Florida (herein called the "Grantor")and its successors,in accordance with
established practice with respect to electrical construction and maintenance,for the
period of30 years from the date of acceptance hereof,electric light and power facilities
(including conduits,poles,wiresand transmission lines,and,foritsownuse,telephone and
telegraph lines)for the purposeofsupplying electricity to the Grantor and its successors,
and inhabitants thereof,and persons and corporations beyond the limits thereof.
Section 2.Asa condition precedent to the taking effect of this grant,the
Grantee shall have filed its acceptance hereof with the Grantor's Clerk within 30days
hereof.
Section 3.The facilities of the Grantee shall be so located or relocated and so
erected asto interfere as little aspossiblewith traffic over said streets,alleys,bridges
andpublic places,andwith reasonableegress fromandingressto abutting property.The
location or relocation ofall facilities shall be made under the supervision and with the
approvalofsuch representatives asthegoverning body ofthe Grantor may designate for
the purpose,butnotsoasto unreasonably interfere with the proper operation of the
Grantee's facilities and service.Whenany portion ofa street is excavated by the Grantee
in the location or relocation ofanyof its facilities,the portion of the street so excavated
shall,within a reasonable time andas early as practicable after such excavation,be
replaced by the Grantee at its expense andina condition asgoodasitwas at the time of
such excavation.
Section fr.Grantor shall innowaybe liable or responsible forany accident or
damage that may occur in the construction,operation or maintenance by the Grantee of
its facilities hereunder,and the acceptance of this ordinance shall be deemed an
agreement on the part of the Grantee to indemnify the Grantor and hold it harmless
£uze.£Ajr A&dfEEmEM
Appendix C
FRANCHISES*
ORDINANCE NO.60-16
AN ORDINANCE GRANTING TO FLORIDA
POWER &LIGHT COMPANY,ITS SUCCESSORS
AND ASSIGNS,AN ELECTRIC FRANCHISE,
AND IMPOSING PROVISIONS AND CONDI
TIONS RELATING THERETO.
BE IT ORDAINED BY THE BOARD OF COUNTY COM
MISSIONERS OF DADE COUNTY,FLORIDA:
Section 1.That there is hereby granted to Florida Power
&Light Company (herein called the "Grantee"),its successors
and assigns,the non-exclusive right,privilege or franchise to
construct,maintain and operate in,under,upon,over and
across the present and future streets,alleys,bridges,ease
ments and other public places in the unincorporated and in
corporated areas of Dade County,Florida,(herein called the
"Grantor")and its successors,in accordance with established
practice with respect to electrical construction and mainte
nance,for the period of thirty years from the date of ac
ceptance hereof,electric light and power facilities (including
conduits,poles,wires and transmission lines,and,for its own
use,telephone and telegraph lines)for the purpose of sup
plying electricity to Grantor,and its successors,the inhabi
tants thereof,and persons and corporations beyond the limits
thereof,subject to all existing municipal franchises.
Section 2.That the facilities shall be so located or relocated
and so erected as to interfere as little as possible with traffic
over said streets,alleys,bridges and public places,and with
reasonable egress from and ingress to abutting property.The
location or relocation of all facilities shall be made under the
supervision and with the approval of such representatives as
the governing body of Grantor may designate for the purpose,
•Editor's note—This ordinance was adopted on May 3,1960,by the
members of the Board of County Commissioners in accordance with
section 1.01A(14a)of the Home Rule Charter.
Supp.No.20
1048.175
•s
DADE COUNTY CODK
but not soas unreasonably to interfere withthe proper oper
ation of Grantee's facilities and service.That when any por
tion of a street is excavated by Grantee in the location or
excavated shall,within a reasonable time and as early as
excauated shall,within a reasonable time and as early as
practicable after such excavation,be replaced by the Grantee
at its expense and in asgood condition as it was at the time
of such excavation.Provided,however,that nothing herein
contained shall be construed to make the Grantor liable to the
Grantee for any cost or expense in connection with the con
struction,reconstruction,repair or relocation of Grantee's
conduits,poles,towers and appurtenances thereto in streets,
highways and other publicplacesmade necessary by the
widening,grading,paving or otherwise improving by said
Grantor,ofanyofthe present and future streets,avenues,
alleys,highways,bridges,easements and other publicplaces
used or occupied by the Grantee hereunder,which shall be
at the cost of the Grantee,except,however,Grantee shall be
entitled to reimbursement of its costs asmaybe provided
by law.
Section 3.That Grantor shall inno way be liable or re
sponsible for any accident or damage that may occur in the
construction,operation or maintenance by(J ran tee of its fa
cilities hereunder,and the acceptance of this ordinance shall
bedeemedan agreement onthe part of Grantee,to indemnify
Grantor andhold it harmless against anyandall liability,
loss,cost,damage or expense,which may accrue to Grantor
by reason of the neglect,default,or misconduct of Grantee
in the construction,operation or maintenance of its facilities
hereunder.
Section 1*.That all rates and rules and regulations estab
lished by Grantee from time to time shall be at all times reas
onable and Grantee's rates for electricity shall at all times be
subject tosuch regulation asmaybe provided bylaw.
Section 5.That onJuly1,1960 andoneach July 1 there
after during the term of this franchise,the Grantee,its suc
cessors and assigns,shall pay to the Grantor and its succes
sors,an amount which added to the amount of:
8opp.No.20
1048.176
y
••..•^ik *\.
I
v-
APPKNDIX C
(1)All taxes,special assessments,licenses,excises,fees,
charges and other impositions of any kind whatsoever
(except the County school tax and the taxes for County
school districts levied under Article XII of the Consti
tution of the State of Florida as constituted on the date
of this grant and except amounts for assessments for
special benefits,such as sidewalks,street paving and
similar improvements)levied or imposed upon the
Grantee's electric property,business or operations,and
those of the Grantee's electric subsidiaries within Dade
County,Florida,by the Grantor for itself,or for the
benefit of any other general or special public or other
governmental body located in whole or in part within
the limits of Dade County,Florida,or so levied or im
posed and collected by or under any authority what
soever for the benefit of any general or special public
or other governmental body,located in whole or in part
within the limits of Dade County,Florida,including
the Grantor andany taxing districts created by the
Grantor,for the preceding calendar year;and
(2)All taxes,special assessments (excluding only special
assessments excepted in the determination of the
amounts paid to municipalities referred to in Item 3
of this Section 5);licenses,excises,fees,charges and
other impositions levied or imposed by or for the benefit
of anyand all municipalities within the limits of Dade
County.Florida,upon the Grantee's electric property,
business or operations and those of Grantee's electric
subsidiaries,for the preceding calendar year;and
(3)All amounts paid by the Grantee under any franchise
granted to it by any municipality within the limits of
Dade County,Florida,during the preceding calendar
year;will equal 6%of Grantee's revenues from the
sale of electrical energy to residential and commercial
customers within Dade County,Florida,for the pre
ceding calendar year.Nothing herein shall be construed
to be a limitation on the assessment and collection of
valid taxes,special assessments,licenses,fees,charges
Supp.No.20
1048.177
DADE COUNTY CODE
andother impositions bytheGrantororother public
or governmental bodyon and from the Grantee inex
cess of such 67'amount.
Section 6.As afurther consideration ofthis franchise,the
Grantor shall not operate a light or power utility to serve any
territory inthecountywhichisbeingsuppliedwith similar
serviceexceptbyamajorityvoteofthosequalifiedelectors
votinginanelectionheldnotlessthansixmonths after the
Board oftheGrantorhas passed anordinancetothateffect
by a two-thirds vote of the members ofthe Board present.
Such ordinance shall contain information on cost,method of
financing,agency to regulate rates,agency to operate,loca
tionandother information necessary toinformthe general
public ofthe feasibility and practicability ofthe proposed
operation.
Section 7.That failure on thepartof Grantee to comply
inany substantial respectwithanyoftheprovisionsofthis
ordinance shallbe grounds foraforfeitureofthisgrant,but
nosuch forfeiture shalltake effect ifthe reasonableness or
propriety thereof is protested by Grantee until a court ofcom
petent jurisdiction (withrightof appeal ineitherparty)
shallhave found thatGranteehas failed to comply inasub
stantial respectwithanyofthe provisions ofthisfranchise,
and the Grantee shallhavesix(6)months after thefinal
determination ofthequestion,tomakegoodthe default before
a forfeiture shall result with the right in Grantor at its dis
cretion to grant such additional time to Grantee forcom
pliance as necessities inthe case require;provided,however,
that the provisionsofthisSectionshallnotbe construed as
impairing any alternative right or rights which the Grantor
may have with respect to the forfeiture of franchises under
the Constitution orthe general lawsof Florida orthe Charter
of the Grantor.
Section 8.This ordinance shall take effect on the date this
ordinanceisapprovedbya majority voteofthosequalified
electorsvoting at anelectionheldforsuchpurposeinac
cordancewithapplicable charter provisions,anduponGran-
Supp.No.20
1048.178
w
O APPENDIX C
tee's written acceptance of this ordinance,which acceptance
shall be filed with the Grantor's Clerk within thirty (30)
days after such approval.
Section 0.That all ordinances and parts of ordinances in
conflict herewith be and the same are hereby repealed.
This ordinance passed and adopted on this 3rd day of May
1960,by more than two-thirds {%)vote of the members of
the Board of County Commissioners in accordance with Sec
tion 1.01A (14a)ofthe Home Rule Charter.
Supp.No.20
1048.179
SECTION 2.conflict of Interests.
The Council shall,by ordinance,enact a conflict of
interest ordinance which shall be at least equal to the standards
of conduct for public officers and employees as set forth in the
statutes of the State of Florida,and more specifically denoted
as Florida Statutes 112.311 through 112.319,inclusive,and shall
further set forth the penalties for violation thereof.
SECTION 3.Ponding.
The Council may require by resolution any officer or employee
to give bond in such amount and with such surety as deemed
necessary.The premiums on such bonds shall be paid by the City.
SECTION 4.Publication Requirement.
Whenever publication is required herein,such publication
may be made by posting at a conspicuous place in the City Hall
for the requisite period and/or publishing in a newspaper of
general circulation in the City of South Miami.
SECTION 5.Annexation.
In the event that the city of South Miami shall desire to
nnr^!/fS ^"^f^1 limits *>Y the annexation of any unincor-
"£"2 ?f *??lyin9 C°nti^uous hereto,and within Dade
Home Rule a i t ,?*prOCedu"laid d°™»Y the MetropolitanfloraeRuleAmendment,and/or Florida Statutes.
SBCTIOM 6.Franchise.
the ^rfnan^grantin9'"newing or leasing the right to use
f ',V3'PUbUc grounds or buildings of the city ofSouthMiamitoanyperson,persons,firm or corporation shall
become .law or effective in any w*y unlesa the-same is passed
by a vote of 4/5 of all members of the Council and no such grantrenewalorlea.,shall be for a longer period than 30 years!and'
no such grant,renewal or lease shall be transferrable except with
or aftrln f 'V'*"^^W—by ordinance,"copiesotalltransfersandmortgagesorotherdocumentsaffectingthe
:°°f "Sf oi such ^ants,renewals or leases shall be filed
Tn th,city ofMsonu?hrMWlthin 10 ^^aftGr thG 98neral c--^tioninthecityofSouthMiamionceaweekforatleasttwoconsecu-
Zl the c n°t1leSf,than 14 da*s Pri-to such meeting,noticethatthecouncilwillconsiderthegrantingorrenewalofsuch
franchise or other public improvements.
SECTION 7.Powers of the city.
The City of South Miami,exercising its power under State
law.may exceed by ordinance any limiting feature of the State
o^Me?™^nT "prohibited und"the Home Rule AmendmentorMetropolitanDadeCounty.
SECTION 8.Autonomy.
Neither the Council nor any of its members shall direct orrequesttheappointmentofanypersonto.or his removj 2«
ARTICLE VI
any
and
for
dca
Mar
on
or
bv
•••:
SI
against any andall liability,loss,cost,damage or expense which may accrue to the
Grantor by reason of the negligence,default or misconduct of the Grantee in the
construction,operation or maintenance of its facilities hereunder.
Section 5.All rates and rules and regulations established by the Grantee from
time to time shall at all times be reasonable and the Grantee's rates for electricity shall
at all times be subject to such regulation as may be provided by law.
Section 6.No later than60days after the first anniversary date of this grant,
andno later than 60days after each succeeding anniversary date of this grant,the
Grantee,its successors and assigns,shall have paid to the Grantor and its successors an
amount which added to the amount of all taxes as assessed,levied,or imposed (without
regard to any discount for early payment orany interest or penalty for late payment),
licenses,and other impositions levied or imposed by the Grantor upon the Grantee's
electric property,business,or operations,and those of the Grantee's electric subsidiaries
for the preceding tax year,will equal six percent of the Grantee's revenues from the sale
of electrical energy to residential,commercial and industrial customers within the
corporate limits of the Grantorfor the 12fiscal months preceding the applicable
anniversary date.
Section 7.Payment of the amount tobepaidto the Grantorby the Grantee
under the terms of Section 6hereofshallbemadeinadvanceby estimated monthly
installmentscommencing90days after the effective dateofthisgrant.Each estimated
monthly installment shall be calculated on the basis of 90%of the Grantee's revenues (as
definedinSection6)forthemonthly billing period ending 60days prior toeach scheduled
monthlypayment.Itisalsounderstood that for purposes ofcalculatingeachmonthly
installment,all taxes,licenses,and other impositions shallbe estimated on the basisof
thelatest data available for all such amounts imposed onthe Grantee,before being
proratedmonthly.Thefinal installment foreachfiscalyearofthisgrantshallbe
adjusted to reflect any underpayment or overpayment resulting from estimatedmonthly
installments made for said fiscal year.
Section8.Asafurther consideration ofthis franchise,the Grantor agreesnotto
engage inthe business of distributing and selling electricity during thelifeofthis
franchiseorany extension thereof in competition with the Grantee,itssuccessorsand
assigns.*
Section9.Failure onthepartoftheGranteetocomplyinany substantial
respect with anyof the provisionsofthisordinanceshallbe grounds for forfeiture ofthis
-2-
grant,but no such forfeiture shall take effect if the reasonableness or propriety thereof is
protested by the Grantee until a court of competent jurisdiction (with right of appeal in
either party)shall have found that the Grantee hasfailed to comply ina substantial
respect with any of the provisions of this franchise,and the Grantee shall have six months
after the final determination of the question to make good the default before a forfeiture
shall result with the right in the Grantor at its discretion to grant such additional time to
the Grantee for compliance as necessities in the case require.
Section 10.Grantor acknowledges itisfully informed concerning the existing
franchise granted byDade County,Florida,to the Grantee herein,and accepted by the
Grantee,as set out in Ordinance No.60-16 adopted onMay3,1960by the Board of
County Commissioners of Dade County,Florida.Grantor agrees to indemnify andhold
Grantee harmless against anyandall liability,loss,cost,damage and expense incurred by
Granteein respect toanyclaimassertedbyDadeCountyagainst Grantee arisingoutof
thefranchise set outinsaidOrdinanceNo.60-16forrecoveryofanysumsofmoney paid
byGranteetoGrantorunderthe terms ofthissubsequentfranchise agreement.
Section 11.Should anysectionor provision ofthisordinanceoranyportion
hereof be declared bya court of competent jurisdiction tobe invalid,such decision shall
not affect thevalidityofthe remainder asawholeorastoanypart,otherthanthepart
declared to be invalid.
Section 12.All ordinances and parts of ordinances in conflict herewith beand
the same are hereby repealed.
Section 13.Thisordinanceshall take effect on the date uponwhich the Grantee
files its acceptance.
PASSED First Reading this day of ,198_.
PASSED Second and Final Reading thisdayof ,198 .
Mayor
ATTEST:
City Clerk
-3-
CERTIFICATE
In connection with Ordinance No.,being AN ORDINANCE GRANTING
TO FLORIDA POWER 6c 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,I hereby certify as follows:
a.The City Council met on ,198_whenproposed
Ordinance No.granting a franchise toFloridaPower &Light Company wasread
(by title/in full)for the first time.Itwasagreedtoreaditfor the second time on
,198_.
On ,198_,the City Council met and Ordinance No.
wasread(by title/in full)forthesecond time.Thosepresentwere:
The ordinance was adopted as Ordinance No.
b.On ,198_,followingpassageat first reading,notice of
proposed enactment ofOrdinanceNo.waspublishedinanewspaperofgeneral
circulation intheCityof South Miami and the Ordinance No.as proposed and
adoptedwas maintained forinspectionby the publicat
c.Upon its final passage on ,198_,Ordinance No.
wassignedby the Presiding Officer ofthe City Counciland City Clerk ofthe
CityofSouth Miami and recorded ina book kept for that purpose,and therespective
votesofeachmemberoftheCity Council were recorded inthe record ofthemeeting.
Thisdayof ,198 .
City Clerk of the City of South Miami
South Miami,Florida
ACCEPTANCE OF ELECTRIC FRANCHISE
ORDINANCE NO.
BY FLORIDA POWER 6c LIGHT COMPANY
City of South Miami
South Miami,Florida
Florida Power <5r Light Company does hereby accept the electric franchise in the
City of South Miami,Florida,granted by Ordinance No.,being:
"AN ORDINANCE GRANTING TO FLORIDA POWER <3r 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."
whichwaspassedandadoptedon ,198_.
This instrument is filed with the City Clerk of the City of South Miami,Florida,
in accordance with the provisions of Section 2ofsaid ordinance.
FLORIDA POWER <5r LIGHT COMPANY
By
Vice President
ATTEST:
Secretary
IHEREBY ACKNOWLEDGE receiptoftheabove Acceptance ofElectric
Franchise Ordinance No.by Florida Power 6c Light Company,and certify that
I have filedthe same for record inthe permanent files and records oftheCityof South
Miami,Florida on this day of ,198.
City Clerk of the City of South Miami
South Miami,Florida
NO.
NOTICE OF PROPOSED ENACTMENT OF AN ORDINANCE
BY THE CITY OF SOUTH MIAMI,FLORIDA
NOTICEIS HEREBY GIVEN that on ,198_,at p.m.,
the City Council of the City of South Miami,Florida,in regular session to be held at
,South
Miami,Florida,will consider the following Ordinance on Reading and proposed
passage thereof.
ORDINANCE NO.
AN ORDINANCE GRANTING TO FLORIDA POWER <5r 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.
Said proposed ordinance may be inspected by the public at
during the hours of
to
All interested parties may appear at the meeting andbe heard with respect to
the proposed ordinance.
,City Clerk
NOTE:This notice must bepublishedat least 10daysprior to the date the City Council
meets toadopt the ordinancegranting the franchiseinanewspaperofgeneral
circulation in the City of South Miami.
Section 166.04 l(3)(a),Florida Statutes
CU££eAJ-r A6(lGEmEMl
Appendix C
FRANCHISES*
ORDINANCE NO.60-16
AN ORDINANCE GRANTING TO FLORIDA
POWER &LIGHT COMPANY,ITS SUCCESSORS
AND ASSIGNS,AN ELECTRIC FRANCHISE,
AND IMPOSING PROVISIONS AND CONDI-
TIONS RELATING THERETO.
BE IT ORDAINED BY THE BOARD OF COUNTY COM
MISSIONERS OF DADE COUNTY,FLORIDA:
Section 1.That there is hereby granted to Florida Power
&Light Company (herein called the "Grantee"),its successors
and assigns,the non-exclusive right,privilege or franchise to
construct,maintain and operate in,under,upon,over and
across the present and future streets,alleys,bridges,ease
ments and other public places in the unincorporated and in
corporated areas of Dade County,Florida,(herein called the
"Grantor")and its successors,in accordance with established
practice with respect to electrical construction and mainte
nance,for the period of thirty years from the date of ac
ceptance hereof,electric light and power facilities (including
conduits,poles,wires and transmission lines,and,for its own
use,telephone and telegraph lines)for the purpose of sup
plying electricity to Grantor,and its successors,the inhabi
tants thereof,and persons and corporations beyond the limits
thereof,subject toall existing municipal franchises.
Section 2.That the facilities shall be so located or relocated
and so erected as to interfere as little as possible with traffic
over said streets,alleys,bridges and public places,and with
reasonable egress from and ingress to abutting property.The
location or relocation of all facilities shall be made under the
supervision and with the approval of such representatives as
the governing body of Grantor may designate for the purpose,
•Editor's note—This ordinance was adopted on May 3,1960,by the
members of the Board of County Commissioners in accordance with
section 1.01A(14a)of the Home Rule Charter.
Supp.No.20
1048.175
DADE COUNTY CODF-
but not so as unreasonably to interfere with the proper oper
ation of Grantee's facilities and service.That when any por
tion of a street is excavated by Grantee in the location or
excavated shall,within a reasonable time and as early as
excauated shall,within a reasonable time and as early as
practicable after such excavation,be replaced by the Grantee
at its expense and in as good condition as it was at the time
of such excavation.Provided,however,that nothing herein
contained shall be construed to make the Grantor liable to the
Grantee for any cost or expense in connection with the con
struction,reconstruction,repair or relocation of Grantee's
conduits,poles,towers and appurtenances thereto in streets,
highways and other public places made necessary by the
widening,grading,paving or otherwise improving by said
Grantor,of any of the present and future streets,avenues,
alleys,highways,bridges,easements and other public places
used or occupied by the Grantee hereunder,which shall be
at the cost of the Grantee,except,however,Grantee shall be
entitled to reimbursement of its costs asmaybe provided
by law.
Section 3.That Grantor shall inno way be liable or re
sponsible for any accident or damage that may occur in the
construction,operation or maintenance by Grantee of its fa
cilities hereunder,and the acceptance of this ordinance shall
bedeemedan agreement onthe part ofGrantee,toindemnify
Grantor and hold it harmless against anyandall liability,
loss,cost,damage or expense,which may accrue to Grantor
by reason of the neglect,default,or misconduct of Grantee
in the construction,operation or maintenance of its facilities
hereunder.
Section 4.That all rates and rules and regulations estab
lished by Grantee from time to time shall be at all times reas
onable and Grantee's rates for electricity shall at all times be
subject tosuch regulation asmaybeprovidedbylaw.
Section 5.That onJuly1,1960andoneachJuly1 there
after during the term of this franchise,the Grantee,its suc
cessors and assigns,shall pay to the Grantor and its succes
sors,an amount which added to the amount of:
Supp.No.20
1048.176
APPENDIX ('
(1)All taxes,special assessments,licenses,excises,fees,
charges and other impositions of any kind whatsoever
(except the County school tax and the taxes for County
school districts levied under Article XII of the Consti
tution of-the State of Florida as constituted on the date
of this grant and except amounts for assessments for
special benefits,such as sidewalks,street paving and
similar improvements)levied or imposed upon the
Grantee's electric property,business or operations,and
those of the Grantee's electric subsidiaries within Dade
County,Florida,by the Grantor for itself,or for the
benefit of any other general or special public or other
governmental body located in whole or in part within
the limits of Dade County.Florida,or so levied or im
posed and collected by or under any authority what
soever for the benefit of any general or special public
or other governmental body,located in whole or in part
within the limits of Dade County,Florida,including
the Grantor and any taxing districts created by the
Grantor,for the preceding calendar year;and
(2)All taxes,special assessments (excluding only special
assessments excepted in the determination of the
amounts paid to municipalities referred to in Item 3
of this Section 5);licenses,excises,fees,charges and
other impositions levied or imposed by or for the benefit
of any and all municipalities within the limits of Dade
County.Florida,upon the Grantee's electric property,
business or operations and those of Grantee's electric
subsidiaries,for the preceding calendar year;and
(3)All amounts paid by the Grantee under any franchise
granted to it by any municipality within the limits of
Dade County,Florida,during the preceding calendar
year;will equal 6r'of Grantee's revenues from the
sale of electrical energy to residential and commercial
customers within Dade County.Florida,for the pre
ceding calendar year.Nothing herein shall be construed
to be a limitation on the assessment and collection of
valid taxes,special assessments,licenses,fees,charges
Su|>|>.No.20
1048.177
DADE COUNTY CODK
and other impositions bythe Grantor or other public
or governmental body on and from the Grantee inex
cess of such 6r/<amount.
Section6.Asa further considerationofthisfranchise,the
Grantor shallnotoperatealightor power utilitytoserveany
territory in the county whichis being supplied with similar
service except bya majority voteofthose qualified electors
voting inan election heldnotless than six months after the
Board of the Grantor haspassedan ordinance to that effect
by a two-thirdsvoteofthe members ofthe Board present.
Suchordinanceshallcontaininformationoncost,methodof
financing,agencytoregulaterates,agencyto operate,loca
tionandotherinformation necessary toinformthegeneral
public ofthe feasibility and practicability ofthe proposed
operation.
Section 7.That failure on thepartof Grantee to comply
inany substantial respectwithanyoftheprovisionsofthis
ordinanceshallbegroundsforaforfeitureofthisgrant,but
nosuch forfeiture shalltake effect ifthereasonablenessor
propriety thereof is protested by Grantee untila court ofcom
petent jurisdiction (with rightof appeal ineitherparty)
shallhavefoundthatGranteehas failed to comply inasub
stantial respectwithanyofthe provisions ofthisfranchise,
and the Grantee shallhavesix(6)months after thefinal
determination of the question,tomakegoodthe default before
a forfeiture shall result withthe right in Grantor at its dis
cretion to grant such additional timeto Grantee forcom
plianceas necessities inthecaserequire;provided,however,
that the provisions ofthisSectionshallnothe construed as
impairing any alternative right or rights whichthe Grantor
may have with respect to the forfeiture of franchises under
the Constitution orthe general lawsof Florida orthe Charter
of the Grantor.
Section8.This ordinance shall take effect onthe date this
ordinanceisapprovedbyamajorityvoteofthosequalified
electorsvoting at anelectionheldforsuchpurposeinac
cordancewithapplicable charter provisions,anduponGran-
Supp.No.20
1048.178
APPENDIX C
tee'swritten acceptance ofthis ordinance,which acceptance
shall be filed with the Grantor's Clerk within thirty (30)
days after such approval.
Sectio7i !).Thatallordinancesandpartsofordinancesin
conflict herewith beandthe same are hereby repealed.
This ordinance passed and adopted on this 3rd day of May,
1960,by more thantwo-thirds (%)vote ofthe members of
theBoardofCounty Commissioners in accordance with Sec
tion 1.01A (14a)of the HomeRule Charter.
Sujip.No.20
1048.171)
r »
;V
Alterni .
Agenda item No.5 (g)(1)
6-20-78
RESOLUTION NO.R-709-78
RESOLUTION EXPRESSING THE INTENT OF THE BOARD
OF COUNTY COMMISSIONERS OF DADE COUNTY,
FLORIDA,TO REFRAIN FROM INTERFERING WITH THE
'RECEIPT OF FRANCHISE FEES PRESENTLY CHARGED BY
MUNICIPALITIES WITHIN THE COUNTY OF THE FLORIDA
POWER AND LIGHT COMPANY FOR THE PRIVILEGE OF
DOING BUSINESS WITHIN THEM
WHEREAS,Section 1 of County Ordinance No.60-16 recites:
"BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF DADE COUNTY,FLORIDA:
Section 1.That there is hereby granted
to Florida Power &Light Company (herein called
the'Grantee'),its successors andassigns,the
non-exclusive right,privilege or franchise to
construct,maintain and operate in,under,
upon,over and across the present and future
streets,alleys,bridges,easements and other
publicplacesinthe unincorporated and
incorporated areas ofDade County,Florida,
(herein called the 'Grantor')and its
successors,in accordance with established
practice with respect to electrical
constructionandmaintenance,fortheperiodof
thirtyyearsfromthedateof acceptance
hereof,electriclightandpowerfacilities
(including conduits,poles,wires and
transmission lines,and,for its own use,
telephoneandtelegraph lines)forthepurpose
of supplying electricity toGrantor,andits
successors,the inhabitants thereof,and
persons and corporations beyond the limits
thereof,subject toall existing municipal
franchises."(Emphasis added);and
.WHEREAS,thisBoardof County Commissioners,'appreciates and
understands the stringent financial circumstances with which many of the
municipalities intheCountyare presently confronted;and
WHEREAS,this Board of County Commissioners is most sympathetic
towardourcitiesand their financial plight,anddoesnotwishto be
oppressive or add to the onerous burdens presently being borne by these
sister governments,
NOW,THEREFORE,BE IT RESOLVED BY THEBOARD OF COUNTY COMMISSIONERS
OF DADE COUNTY,FLORIDA,as follows:
Section 1.TheBoardofCounty Commissioners makes this
declaration of its intention to avoid any interference with the
franchise rights or the granting of franchise rights for electric power
services upon termination of existing franchises of those municipalities
in Dade Co»-\th '-ing francrn~e contracts with the Florida Power
Ann*1 f\J or *1A (1
*-••^/'%Alterny'-e
/*-*v>i '\.Agenda';.em No.5(g)(1)
Page No".2
&Light Company.This Commission's intention willbeto foster good will
between the County andthe municipalities within it withthehopeof
maintainingharmoniousrelationsandamutualappreciationofthe
difficult common problems facing usall.
Section 2.The County Attorney is hereby instructed not to
initiate any further litigation,declaratory or otherwise,against the
Florida Power&Light Company oragainstany municipality inDadeCounty
that involves any municipality's rightto receive franchise feesunder
any electric franchise contract.
Section 3.The Florida Powerand Light Company shall be
relievedofanyresponsibilitytoaccounttotheCounty for any
franchise fees collected and remitted to those cities who had an
existing and valid franchise agreement with itatthe date hereof or
renewal thereof as provided in Section 1.
The foregoing resolution was offered by Commissioner
Clara Oesterle ,whomovedits adoption.The motion was
seconded by Commissioner Beverly B.Phillips t and upon being
put to a vote,the vote was as follows:
Neal F.Adams
Clara Oesterle
William G.Oliver
Beverly B.Phillips A^e
James F.Redford,Jr.Aye
Harvey Ruvin Aye
Barry D.Schreiber Aye
Ruth Shack ^e
Stephen P.Clark Absent
The Mayor thereupon declared the resolution duly passed*and adopted
this 20th day of June,1978.
DADE COUNTY,FLORIDA
BY ITS BOARD OF
COUNTY COMMISSIONERS
RICHARD P.BRINKER,CLERK
4
Approved by County Attorney as f/s-
to form and legal sufficiency.^'o?/^
bohk 161 pg 741
Aye
Aye
Aye
STATE OF FLORIDA )
)SS:
COUNTY OF DADE )
I,RICHARD P.BRINKER,Clerk ofthe Circuit Court in and for Dade County,
Florida,and Ex-Officio Clerk oftheBoardofCounty Commissioners of said County,
DOHEREBY CERTIFY that theaboveandforegoing is atrueand correct copyof
Resolution No.R-70Q-7ft t adopted bythe said BoardofCountyCommis
sioners at its meetingheldon June 20 f 1978.
IN WITNESS WHEREOF,Ihave hereunto set myhandand official seal on
this ftHi dayofMarchA.D.19 84
SEAL
102.01-3 REV.11/72
RICHARDP.BRINKER,Ex-Officio Clerk
BoardofCountyCommissioners
DadeCounty,Florida
By
Deputy Clefk
BoardofCountyCommissioners
Dade County,Florida
SECTION 2.conflict of Interests.
The Council shall,by ordinance,enact a conflict of
interest ordinance which shall be at least equal to the standards
of conduct for public officers and employees as set forth in the
statutes of the State of Florida,and more specifically denoted
as Florida Statutes 112.311 through 112.319.inclusive,and shall
further set forth the penalties for violation thereof.
SECTION Bending.
The Council may require by resolution any officer or employee
to give bond in such amount and with such surety as deemed
necessary.The premiums on such bonds shall be paid by the City.
SECTION •).PublicationRequirement.
Whenever publication is required herein,such publication
may be made by posting at a conspicuous place in the City Hall
for the requisite period and/or publishing in a newspaper of
general circulation in the Cityof South Miami.
SECTION 5.Annexation.
in the event that the City of South Miami shall desire to
change its territorial limits by the annexation of any unincor
porated tract of land lying continguous thereto,and within Dade
h^Tp'/V i1 fOUOW ^prOCedure laid d°™^the MetropolitanHomeRuleAmendment,and/or Florida Statutes.
SBCTIOW 6.-franchiser
No ordinance granting,renewing or leasing the right to use
'tf etS'aUeyS'public 9r°unds °r buildings of the City ofSouthMiamitoanyperson,persons,firm or corporation shall
TTULft T^ffTST in-"^"*™^.r*h«»same "Passedbya,vote of 4/5 of »U member,of the Cbtuieil-*nd no such grantrenewalorlea..„h.ll be £or a loRqttr ^^lod than 30 years!and'
no such grant,renewal or lease shall be transferrable except with
o e,r;f:'A/\oi th"councii exprc9sed by -<*—pCOP ..of all transfers and mortgages or other documents affecting the
w iT T:°!SUCh 9rant5'reneWal3 °r le"«-hall be 1
In the city^ot^SW^"^"""^^^.nt ,v of So,,th Mlaml once a week for at least two consecutiveweeksnotlessthan14dayspriortosuchmeeti".notice
that the council will consider the granting or renewal of such
franchise or other public improvements.
SECTION 7.Powers of the City.
law THLClty °i f°Uth Miami'•"•'ei«i"9 its power under Statelaw.may exceed by ordinance any limiting feature of the State
ir^SKiS oaT ™bited —the ——^32-t
SECTION 8.Autonomy.
Neither the Councii nor any of its members shall direct orrequesttneappointmentofanypersonto.or his riLvaTJrcT
APTICLE VI 22
V