Ord. No. 07-84-1202ORDINANCE NO.7-84-1202
AN ORDINANCE GRANTING TO FLORIDA POWER &
LIGHT COMPANY,ITS SUCCESSORS AND ASSIGNS,AN
ELECTRIC FRANCHISE,IMPOSING PROVISIONS AND
CONDITIONS RELATING THERETO,PROVIDING FOR
MONTHLY PAYMENTS TO THE CITY OF SOUTH MIAMI,
AND PROVIDING FOR AN EFFECTIVE DATE.
BEIT ORDAINED BY THE MAYOR AND CITY COUNCIL OFTHE CITY OF SOUTH
MIAMI:
Section 1.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 andacross the present
and future streets,alleys,bridges,easements and other public placesoftheCityof South
Miami,Florida (herein calledthe "Grantor")anditssuccessors,inaccordancewith
established practicewithrespecttoelectrical construction and maintenance,for the
period of 30 years from thedateof acceptance 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 supplying electricitytothe Grantor and its successors,
and inhabitants thereof,and persons and corporations beyond the limits thereof.
Section2.Asaconditionprecedenttothetaking effect ofthisgrant,the
Grantee shall havefileditsacceptancehereofwiththe Grantor's Clerkon May 18,1984.
Section 3.The facilities of the Grantee shallbeso located or relocated andso
erectedasto interfere as little as possible with traffic oversaid streets,alleys,bridges
and public places,and with reasonable egress from and ingress to abutting property.The
locationorrelocationofall facilities shallbemadeunder the supervisionandwith the
approval of such representatives as the governing body ofthe Grantor may designate for
the purpose,but not so as to unreasonably interfere with the proper operation ofthe
Grantee's facilities and service.Whenanyportion of a street is excavated by the Grantee
inthelocationor relocation ofanyofitsfacilities,the portion ofthe street soexcavated
shall,withina reasonable time and as early as practicable after such excavation,be
replaced bythe Grantee atits expense and in a condition as good as it was atthe time of
such excavation.
Section ».Grantor shallinnowaybe liable or responsible forany accident or
damage that may occur in the construction,operation or maintenance bythe Grantee of
its facilities hereunder,and the acceptance of this ordinanceshallbe deemed an
agreement on the part ofthe Grantee to indemnify the Grantor and hold it harmless
againstanyandall liability,loss,cost,damageor expense whichmay accrue to the
Grantorbyreasonof 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 than 60 days after the first anniversary date of this grant,
andno later than 60 days 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 addedto the amount ofall taxes as assessed,levied,or imposed (without
regard toany discount for early payment or any interestorpenalty 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,willequalsixpercentof the Grantee'srevenuesfrom the sale
of electrical energytoresidential,commercialandindustrial customers withinthe
corporatelimitsof the Grantorforthe12fiscalmonthspreceding the applicable
anniversary date.
Section 7.Payment of the amount to bepaid to the Grantor by the Grantee
under the terms of Section 6 hereof shall be made in advance by estimated monthly
installments commencing90days after the effective dateofthisgrant.Each estimated
monthly installment shall be calculated on the basis of 90%ofthe Grantee's revenues (as
defined in Section 6)for the monthly billing period ending 60daysprior to each scheduled
monthlypayment.Itisalsounderstood that for purposes ofcalculatingeachmonthly
installment,all taxes,licenses,and other impositions shallbe estimated on the basisof
the latest data available forallsuch amounts imposed on the Grantee,before being
proratedmonthly.Thefinalinstallmentforeachfiscalyearofthisgrantshallbe
adjustedto reflect anyunderpaymentoroverpaymentresultingfrom estimated monthly
installments made for said fiscal year.
Section 8.As a further consideration of this franchise,the Grantor agrees not to
engage inthebusinessofdistributingandselling electricity during the lifeofthis
franchiseorany extension thereof in competition with the Grantee,its successors and
assigns.
Section 9.Failureon the part of the Grantee to comply in any substantial
respect withanyof the provisionsofthisordinanceshallbe grounds for forfeiture of this
-2-
grant,but no such forfeiture shall take effect ifthe reasonableness or propriety thereof is
protested bythe Grantee until a court of competent jurisdiction (with right of appeal in
either party)shall have found thatthe Grantee has failed to comply ina substantial
respect with any ofthe 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 resultwiththerightinthe Grantor atits discretion to grant such additional timeto
the Grantee for compliance as necessities in the case require.
Section10.Grantoracknowledgesitisfully informed concerning the existing
franchise granted by Dade County,Florida,tothe Grantee herein,and acceptedbythe
Grantee,as set outinOrdinanceNo.60-16adoptedon May 3,1960by the Board of
County Commissioners of Dade County,Florida.Grantor agrees toindemnify and hold
Grantee harmless againstany and allliability,loss,cost,damage and expense incurred by
Grantee inrespecttoanyclaimassertedby Dade CountyagainstGrantee arising outof
the franchise set out in said Ordinance No.60-16 for recovery of any sums of money paid
byGranteetoGrantorunderthe terms ofthissubsequent franchise agreement.
Section 11.Shouldany section orprovisionof this ordinanceoranyportion
hereofbedeclaredbyacourtof competent jurisdiction tobeinvalid,suchdecisionshall
not affect the validity of the remainderasawholeorastoanypart,other than the part
declared to be invalid.
Section 12.Allordinancesandpartsofordinancesin conflict herewith beand
the same are hereby repealed.
Section 13.This ordinance shall become effective on May 18,1984 after first
havingbeen accepted by the GranteeinaccordancewithSection2 hereof.
PASSED First Reading this 1st dayof May ,1984.
PASSED Second and Final Reading this15thdayof May ,1984.
>4*-vdL(.>-*/»
ayor
ATTEST:
-3-
ACCEPTANCE OF ELECTRIC FRANCHISE
ORDINANCE NO.
BY FLORIDA POWER &LIGHT COMPANY
City of South Miami
Sout Miami,Florida May 18,1984
FloridaPower&Light Company doeshereby accept the electric franchiseinthe
City of South Miami,Florida,granted by Ordinance No.7*/V-/^2?being:
"AN ORDINANCE GRANTING TO FLORIDA POWER &LIGHT
COMPANY,ITSSUCCESSORSAND ASSIGNS,ANELECTRIC
FRANCHISE,IMPOSING PROVISIONS AND CONDITIONS RELATING
THERETO,PROVIDING FOR MONTHLY PAYMENTS TOTHECITY
OFSOUTH MIAMI,ANDPROVIDING FOR AN EFFECTIVE DATE."
whichwas passed and adopted onMay15,1984.
This instrument is filed with the City Clerk of the City of South Miami,Florida,
in accordance with the provisions of Section 2of said ordinance.
^//(tit^
asiant Secretary
FLORIDA POWER &LIGHT COMPANY
By
Vice President
ATTEST;
IHEREBYACKNOWLEDGE receipt of the above Acceptance of Electric
Franchise Ordinance No.7»W-IZOt by Florida Power &Light Company,and certify that v
Ihave filed the same for record in the permanent files and records of the City ofSouth
Miami,Florida on this 18th day of May,198*.
r (tlerk cCity(tlerk of the City <n
South Miami,Florida
wm^
CERTIFICATE
In connection with Ordinance No.7-84-12Q&eing AN ORDINANCE GRANTING
TO FLORIDA POWER &'LIGHT COMPANY,ITS SUCCESSORS AND ASSIGNS,AN
ELECTRIC FRANCHISE,IMPOSING PROVISIONS AND CONDITIONS RELATING
THERETO,PROVIDING FOR MONTHLY PAYMENTS TO THE CITY OF SOUTH MIAMI,
AND PROVIDING FOR AN EFFECTIVE DATE,I hereby certify as follows:
Commissiona.The City KXXtfKHX met on May 1st ,198J.when proposed
Ordinance No.7^84^1202 granting a franchise to Florida Power &r LightCompanywasread
(by tfotifii/in full)for the first time.Itwas agreed to read it for the second time on
May 15th ,1984.
On May 15th,1984,the City Councilmetand Ordinance No.
7-84-120&as read (&#x$*K^in full)for the second time.Those present were:
Mayor Porter
Vice-Mayor Andrews Lantz
Commissioner Bowman
Commissioner Gibson
Commissioner Schwait
The ordinance was adopted as Ordinance No.7-84-12Q2
b.On May 4th ,19#_,following passageatfirstreading,noticeof
proposed enactment ofOrdinanceNo.7-84-120&as publishedinanewspaperofgeneral
circulation in the City ofSouthMiamiand the Ordinance No.7-84-120&Sproposedand
adopted was maintained for inspection by the public at
City Clerk's Office,South Miami City Hall,6130 Sunset Drive,South Miami,Florida,
c.Upon its final passage on May 15th ,19$4_,Ordinance No.
7-84-1202was signedby the Presiding Officer ofthe City Counciland City Clerk ofthe
City of South Miamiand recorded inabook kept for that purpose,and the respective
votes of each member of the City Council were recorded in the-record of the meeting.
This 16th day of May .J9j:4.
City Cletk of the Citfy offlouth Miami
South Miami,Florida