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91 ORDINANCE NO. _____ _ 2 3 An Ordinance establishing an electric franchise with Florida Power & Light 4 Company for installation and powering of city street lighting within the City of 5 South Miami. 6 7 WHEREAS, the City of South Miami (City) desires to install street lighting; and 8 9 WHEREAS, the installation of street lighting requires substantial investments of capital 10 and other resources in order to construct, maintain and operate facilities essential to the provision of 11 such service in addition to costly administrative fimctions, and the City of South Miami does not 12 desire to incur the cost to provide such services; and 13 14 WHEREAS, Florida Power & Light Company (FPL) is a public utility which has the 15 demonstrated ability to install street lighting and supply such services; and 16 17 WHEREAS, Florida Power & Light Company requires a 10 year agreement in order to 18 provide street lighting for the City; and 19 20 WHEREAS, the City Charter prohibits contracts that exceed five years for purchase 21 good and/or services but allows franchise agreements lasting up to 50 years; and 22 23 WHEREAS, FPL and the City of South Miami desire to enter into installation 24 Agreements from time to time to provide for the installation and maintenance of city street lighting 25 for the City of South Miami, without charge for the installation and maintenance, other than the 26 exclusive right and privilege of supplying electricity for said facilities for a minimum of 10 years 27 following the installation of each facility pursuant to certain terms and conditions, and 28 29 WHEREAS, the City Commission of the City of South Miami deems it to be in the 30 public interest to enter into these installation agreements defining the rights and responsibilities of 31 the parties as they relate to the installation and maintenance of new electrical facilities and the 32 exchange of other good and valuable consideration between the parties .. ; 33 34 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 35 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: 36 37 Section 1. The foregoing recitals are hereby found to be true and correct, and are 38 incorporated herein and adopted and approved as if set out at length herein. 39 Section 2. There is hereby granted to Florida Power & Light Company, its successors and 40 assigns (hereinafter called the "GRANTEE"), a non-exclusive franchise to install or modifY the 41 street lighting facilities described and identified in the attached purchase order/Street Lighting 42 Agreement and hereinafter called the Street Lighting System, and the exclusive franchise to furnish 43 to the City the electric energy necessary for the operation of the Street Lighting System for a term of 44 10 years, and furnish such other services as are specified in this Agreement, all in accordance with 45 the terms ofFPL's currently effective street lighting rate schedule in existence at the time of the 46 execution of the Agreement and that are on file at the Florida Public Service Commission (FPSC) or Page 1 of2 1 any successive street lighting rate schedule approved by the FPSC. The initial term of the street 2 lighting franchise agreement shall be for 10 years following the initial installation of the Street 3 Lighting System as set forth in the attached purchase order/Street Lighting Agreement. Thereafter, 4 additional Street Lighting Systems may be ordered by the City Manager for terms of 10 years for 5 the supplying of electricity for each Street Lighting System and under terms that are substantially 6 similar to the terms in the attached Street Lighting Agreement if subsequently approved by 7 resolution of the City Commission after a public hearing. 8 Section 3. The City of South Miami agrees to the terms set forth in the attached Street 9 Lighting Agreement for now and in the future for terms that shall not exceed 10 years for the 10 installation of each new street lighting facility. 11 12 Section 4. Severability. If any section, clause, sentence, or phrase of this ordinance is 13 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding 14 shall not affect the validity of the remaining portions of this ordinance. 15 16 Section 5. Ordinances in Conflict. All ordinances or parts of ordinances and all 17 sections and parts of sections of ordinances in direct conflict herewith are hereby repealed. 18 19 Section 6. Effective Date. This ordinance shall become effective upon enactment. 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 PASSED AND ENACTED this __ day of _____ , 2016. ATTEST: CITY CLERK 1st Reading 2nd Reading READ AND APPROVED AS TO FORM: LANGUAGE, LEGALITY AND EXECUTION THEREOF CITY ATTORNEY Page 2 of2 APPROVED: MAYOR COMMISSION VOTE: Mayor Stoddard: Vice Mayor Welsh: Commissioner Edmond: Commissioner Liebman: Commissioner Harris: FPL Account Number: 30857-60399 FPL Work Order Number: 4107238 STREET LIGHTING AGREEMENT In accordance with the following tenns and conditions. CITY OF SOUTH MIAMI (hereinafter called the Customer), requests on this 25~ day of!!!!l!l! , 2011 , from FLORIDA POWER & LIGHT COMPANY (hereinafter called FPL), a corporation organized and existing under the laws of the State of Florida, the following installation or modification of street lighting facilities at (general boundaries) , located In Via SW 59TH Pl BETWEEN sw n ND ST & SW 6B TH ST MIAMI, MIAMI-DADE!, Florida. (city/county) (a) Installation and/or removal of FPL-owned facilities described as follows: Fixture Rating (in Lumens) 22,000 Lights Installed Fixture Type COBRA # Installed 2 Fixiure Rating (in Lumens) 22,000 Lights Removed Fixture Type COBRA #Removed. 1 50,000 COBRA 5 6,300 OPEN BOTTOM 3 22,000 CUTOFF 13 22,000 CUTOFF 1 50,000 CUTOFF 2 16,000 CUTOFF 6 Poles Instailed Poles Removed CQDguctors Installed Conductors Removed PoleT~ # Installed PoleT~ # Removed II II II Feet not UnderPaving Feet not Under Paving Feet Under Paving Feet Under Paving (b) Modification to existing facilities other than described above (explain fully):NONE That, for and in consideration of the covenants set forth herein, the parties hereto covenant and agree as follows: FPLAGREES: 1. To instail or modify the street lighting facilities described and identified above (hereinafter called the Street Lighting System), furnish to the Customer the electric energy necessary for the operation of the Street lighting System, and furnish such other services as are specified in this Agreement, all in accordance with the terms of FPL's currently effective street lighting rate schedule on file at the Florida Public Service Commission (FPSC) or any successive street lighting rate schedule approved by the FPSC. THE CUSTOMER AGREES: 2. To pay a contribution in the amount of $,9: prior to FPL's Initiating the requested installation or modification. 3. To purchase from FPL all of the electric energy used for the operation of the Street lighting System. 4. To be responsible for paying, when due, all bills rendered by FPL pursuant to FPL's currently effective street lighting rate schedule on file at the FPSC or any successive street lighting rate schedule approved by the FPSC, for facilities and service provided in accordance with this agreement. 5. To provide access, finat grading and, when requested, good and sufficient easements, suitable construction drawings showing the location of existing and proposed structures, identification of all non-FPL underground faCilities within Of near pole or trench locations, and appropriate plats necessary for planning the design and completing the construction of FPL facilities associated with the Street Lighting System. 6. To perform any clearing, compacting, removal of stumps or other obstructions that conflict with construction, ·and drainage of rights-of-way or easements required by FPL to accommodate the street lighting facilities. Pllge 1~f2 IT IS MUTUALLY AGREED THAT: 7. Modifications to the facilities provided by FPL under this agreement, other than for maintenance, may only be made through the execution of an add'itional street lighting agreement delineating the modifications to be accompl'lshed. Modification of FPL street Rghting facHities is defined as the following: a. the addition of street lighting facilities: b. the removal of street lighting facilities; and c. the removal of street llghtlng facilities and the replacement of such facilities with new facilities and/or additional facilities. Modifications will be subject to the costs Identified in FPL's currently effective street lighting rate schedule on file at the FPSC, or any successive schedule approved by the FP$C. 8, FPL will, at the request of the Customer, relocate the street lighting facilities covered by this agreement, If provided sufficient right-of-ways or easements to do so. The Customer shall be responsible for the payment of all costs associated with any such Customer-requested relocation of FPL street lighting facilities. Payment shall be made by the Customer in advance of any relocation. 9. FPL may, at any time, substitute for any lumlnalrellamp installed hereunder another luminaire/lamp which shall be of at least equal illuminating capacity and efficiency. 10. This Agreement shall be for a term often (10) years from the date of Initiation of service, and, except as provided below, shall extend thereafter for further successive periods of five (5) years from the expiration of the Initial ten (10) year term or from the expiration of any extension thereof. The date of Initiation of service shall be defined as the date the first lights are energized and bUllng begins, not the date of this Agreement. This Agreement shall be extended automatically beyond .the initial the (10) year term or any extension thereof, unless either party shall have given written notice to the other of its desire to terminate this Agreement. The written notice shall be by certified mail and shall be given not less than ninety (90) days before the expiration of the initial ten (10) year terl')'l, or any extension thereof. 11, In the event street lighting facilities covered by this agreement are removed, elther at the request of the Customer or through termination or breach of this Agreement, the Customer shall be responsible for paying to FPL an amount equal to the original Installed cost of the facilities provided by FPL under this agreement less any salvage value and any depreciation (based on current depreciation rates as approved by the FPSC) plus removal cost. 12. Should th.e Customer fail to pay any bills due and rendered pursuant to this agreement of otherwise fail to perform the obligatlons contained in this Agreement, said obligations being material and going to the essence of this Agreement, FPL may cease to supply electric energy or service until the Customer has paid the bills due and rendered or has fully cured such other breach of this Agreement. Any failure of FPL to exercise its rights hereunder shall not be a waiver of its rights. It is understood, however, that such discontinuance of the supplying of electric energy or service shall not constitute a breach of this Agreement by FPL, nor shall it relieve the Customer of the obligation to perform any of the terms and conditions of this Agreement. 13. The obligation to furnish or purchase service shall be excused at any time that either party is prevented from complying with this Agreement by strikes, lockouts, fires, riots, acts of God, the public enemy, or by cause or causes not under the control of the party thus prevented from compliance and FPL shall not have the obligation to furnish service If it Is prevented from complying with this Agreement by reason of any partlal, temporary or entire shut-down of service which, in the sole opinion of FPL. Is reasonably necessary for the purpose of repairing or making more efficient aU or. any part of its generating or other electrical equipment. 14, This Agreement supersedes all previous Agreements or representations, either written, oral or otherwise between the Customer and FPL, with respect to the facilities referenced herein and constitutes the entire Agreement between the parties. This Agreement does not create any rights or provide any remedies to thIrd parties or create any additional duty, obligation or undertakings by FPL to third parties. 15. This Agreement shall inure to the benefit of, and be binding up~>n the successors and assigns of the Customer and FPL. 16. This Agreement Is subject to FPL's Electric Tariff, including, but not limited to, the General Rules and Regulations for Electric Service and the Rules of the FPSC, as they are written, or as they may be hereafter revised, amended or supplemented. In the event of any conflict between the terms of this Agreement and the provisions of the FPL Electric Tariff or the FPSC Rules, the provisions of the Electric Tariff and FPSC Ru!es shall control, as they are now written, or as they may be hereafter revised, amended or supplemented. IN WITNESS WHEREOF, the parties hereby caused this Agreement to be executed in triplicate by their duly authorized representatives to be effective as of the day and year first written above. Charges and Terms Accepted: Mlami~Dade County Customer (Print or type name of Organization) BY: ______ ~~=c~~~==~~~---Signature (Authorized Representative) (Print or type name) Tllle: ________________ _ FLORIDA POWER & LIGHT COMPANY dL/J A' eJ2~~ ~ ~ BY:--'~:LfF='--''-------''';:(S'''ig'-:n:':a-;:lu=re:'C~'-=-'''''~r---- REINAlDO CABRIALES (Print or type name) Title: Construction Services Representative MIAMI DAILY BUSINESS REVIEW Published Daily'excepl Saturday, Sunday and legal Holidays Miami, Miami-Dade County, Florida STATE OF FLORIDA COUNTY OF MIAM"'OADE: -"'- 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 Dany Business Review flk/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami~Dade County, Rorida; that the attached copy of ad~isement being a Legal Advertisement of Notice in the matter of NonCE OF PUBLIC HEARING CITY OF SOUTH MIAMI-APRIL 19, 2016 in the XXXX Court, was published in said newspaper in the issues of 04/08/2016 Affiant further says that the said Miami Daily Bus1tless Review is a newspaper published at Miami, in said Miami-Dade County, Rorida 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 sai~ 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 n~r promised ~ny person, firm Or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for he..!~BIlI!~~er_ Sworn to an subscribed before me this 8 day of APRIL. A.D. 2016 r&£d/d- (SEAL) MARIA MESA personally known to me '~ RHONDA M PELTIER (::: :'i MV COMMISSIO:>j ~ FF231407 "·,t, .. ,I," fXPlllroS Mlly 17 2019 I'&l!/j J~::4. '!;:: I-kII"l\loll'i"tn" .S~'.!t:tI "'" i· .,. .,.,-. cmO,soutA_' NOtlose. PuilUCHEAlUNQ I . • . ; NonCE 1$ HIOO!iIY liivon th!!t 1MbHr -GommisolJon.ol J!io CiI¥ of Souill • MliIIIIl Flotlda Will co';idUt1P.ubli~H_g(stlitlWrilglllar·Cl\ry(tOmml .. iOil • meenng Scheduled flir tuOoday, ApJiI ill.201ll, jleginni~g-iIl7:l1!! p,m., in th6 Cily Commlsslon Chlimbors. 6130 _ Drive, to t:onsider thO fOliowfng ijB/II(sj: _. . . A Re$t!lilI\Qg~pfizirtg ~ •. Cil¥ Man~ to ei1!etlrito Jl lIi.ulil"),ear QgreertietJt«(3I~l>iI!.'fr¢lng me. for the p!I!I;h .... ofworkunilorms. . A R*IU!ion atrtniiriif'rig -the CIiY Man~er 10 Blitli i!l1i>.~ ,rilW1I'l'e;II' agil!eniontwith (>tobaiTradlfig Inp. for1hep!l!l;ha!iO of~SI!_ -An o .. i;onoe Ostablishlill im <JIeciiic fnlnCll~ -w1th PI.lido 1'ov/eI' Ii. Uli!ll OQIi1~Y-for Installation _and pilWOri"!l of_city sIree!-IIQJi!lng within the CitY I)! l;\outhMIQrnI. _ . 4L interosteq ~artie&"'; in'Iite<it$attan~ and Will be hOmd, Fpr further .~nfprrn.atf~n. please contact th~·Ctfy .ol.eik's· ~ce at 305-663-M40. 26SE I I NEIGHBORS I SUNDAY APRIL 10 2016 MIAMIHERAlD.COM CITY OF SOUTH MIAMI COURTESY NOTICE I NO'ru:E IS HEREBY given that the City Commission of the i of South . will conduct Public Hearing(s) at its regular City Cc,mlni"sic,n I I ~~~:~:!~:~~:~~~::~ for Tuesday, April 19, 2016, beginning at 7:00 p.m., in the City II Chambers, 6130,Sunsct Drive, to consider the following itcm(s): A Resolution authorizing the City Manager to enter into a multi-year agreement with Global Trading Inc. for the purchase ofwark uniforms. A Resolution authorizing the City Manager to enter into a multi-year agreement with Global Trading Inc. for the purchase of safety shoes. An Ordinance establishing an electric franc-hise with Florida Power & Light Company for installation and powering of city street lighting within the City of South Miami. ALL interested parties are invited to attend and will be heard, For further information, please contact the City Clerk's Office at: 305·663·6340. Maria M_ Menendez, CMC City Clerk FROM PAGE 24SE CALENDAR NE 164\h 5t .. North Miami Beach. Step Righi Up: 381h Annual Student exhibition This exhibi- tion features works by art stu- dents of Sroward College. April 11 -April 12 9 a.m.-J p.m.; April 13 9 a.m.-B p.m. Free Rosemary Duffy Larson Gallery 3501 SW Davie Rd, Davie. Unseen Photos of David Bowie by Markus Kllnko Due to pop- ular demand, Markowicz Fine Art is partnering with Lulu Lab- oratorium in Wynwood's burge- oning arts district to continue showcasing unseen photos of the legendary David Bowie captured by celebrity and fashion photog- rapher Markus Kllnko. The David BOWie exhibit will be on di.play at Lulu Laboratorium and open to the public all month of April. Apri! 11 -April 1510 a.m.-S p.m. Free Lulu laboratorium 173 NW 23rd St, Miami. Tuesday, April 12 FREE Google Eventl FREE Goo- gle Glve;lwaysllet'j Put Your Business on the Map Google Workshopl Let's Put Your Busi- ness on the Map Google Work- shop, April 12th, 2016 People In your city are looking for what you offer-and they're looking online. That's why we're teaming up with Google to host a free workshop to help you and your fellow businesses get online and on the mapllet's Put Your BUSi- ness on the Map Free Wor~shop Tuesday, April 12th, 2016, 8 a.m. to 10 a,m, UAC School of Global Management 795S NW 12th Street, Suite 119, Doral 33126 Register Nowllt's Free, but Please Register Below: events.constantcontact.com/ mgister/event?llr~nia~h9caban­ doeidk"a07ec8ycqrld9d21776 Join us, and invite anyone you think would benetit! Free Admis- sian. Google Giveaways, Net- working Bring Your Stand-up Banner and Display at the Event Festival Of BU5iness Banners Bring Your Stand-up Banner and Display at the Event Order Your Banner at FastSlgns 305-227-6250 I WWw.FastSigns.com/91 ,Ask tor Doral Event Special Price: Free April 12 8 a.m. THO events.con- stantcontact.com/reglster/ event?llr"nia~h9cab&oeidk" a07ec8ycqr7d9d21716 VAC School of Global Management 7955 NW 12th St., Miami In a Sea of Jewels -In a Sea of Jewels" features works by visual artiSts Didl Marchi, Lifrancis Rojas, Edward Burton, Lola Savoy, Rod Davila, Trlstina Dietz Elmes and Darren Johnson, all curated by ArtServe. The exhibi- tion will also display artwork by Laura Mendola and Stan O'Neil, specialized in glass blowing, sculptor Zalizh Zalkind, Gerry Owen, and jewelry designers Patrick Murphy and Joryel Vera April 12 6 p,m.-9 p.m, Free Vera Gallery 3020 NE 32nd Ave., Fort Lauderdale,