1960-443- -- ORDINANCE NO. 443
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AN ORDI► V, AU nvaiai► G SOUTH MIAMI Eft $`101138
NO. 1888 OF B.P.O.E. TO USE THE Pq BLIC RIGHT UE-
ITS OF THE SCIAS DESIGUTH MIAMI `AL }ONG AND ACRb S
N. AT D BY A SUBMITTED `RF1 1;
ELAN FOR THE PURPOSE OF C NSTRUCTING AND 'MAN-
TAI�1jNd A DRAINAGE PIPE FRO THEIR PROPERTY IN-
TO _TNE DRAINAGE CANAL CONNECTING WITH SNAPPER
CREEK.
WHEREAS, South Miami Lodge No. 1888 of B.P.O E. has made
application to place a drainage pipe under public right -of -way of
the City, NOW, THEREFORE,
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SOUTH 'MIAMI:
Section 1. That permissibb be and the same 'is hereby granted
to South Miami Lodge No. 1888 of B P,O;E., its successors and assigns,
to construct and main "twin, a' drainage pipe hid ng, "under; and across
the right of- way -and public streets of the City of South Miami, Florida,
in accordance with submitted final plans attached and made a part of
this ordinance, and prof`ided the installation meets the - requirements
of the City's Code of Ordinances.
Section 2 The woxk'of constructing�`the un }derground drainage
pipe under this ordinance shall, be done subject to the supervision of
: r
" the City, and the `B.P -,0:E. 8WAh` replace or' properly relay and repair
andsidewal or streets that may be dis76lacedF by reason _of such work;
p Pdie6 of them so to do, after 20 days- noti'ce'ia writing shall
have been given by the-City to -the B.P.O.E., the City may repair
such portionlof the sidewalk or street that may have been disturbed
by the B.P.O.E. and collect.the cost so incurred from them.
Section 3 South Miami `Lodge No. ''1888.' of B. P.O.E. shall
indemnify- the `Ci;ty against, and assume,rt all liab ll:e�ie for, damages
which myy arise or accrue to the City fdr� any} injury tc, persons or
property from the doing "of any "work herein authorized -orithe ne,'glect
r
of B PO.E. , or any of '''its agent's, or employees to comply with 'any
ordinance reguth(6idig" the use of the streets or right -u -
f way of the
City oro'ther public ways and places of the City; and the acceptance by
South Miami Lodge No. 1886 of B.P.b.E. of-this ordinance shall be an
agreement by them to pay to the City any sum of money for which the
City may become liable from or by reason of such'injbry.
Sectf 4 South Miami Lodge No. 1888 "of B.P O.E. shall
1 -NJ, g
with the ��_y Clerk of the City its acceptance of this'd "ordinance
f °le
within 'sixty (66) days from the date when it shall take effect
and also exec Le an agreement with the City as to the provisions of
this ordinance.
Sectio; S. Nothing in tti's ordinance -shall be construed is a
surrender "of the City of its rights or powers to pass ordinances regu-
lating the use of its streets or other public ways and places of the
City.
Section 6. This ordinance shall be in force and effect for a
term of twenty (20) years from and after its passage.
Section "7. This ordinance shall become effective upon the
date of the Mayor's approval.
.PASSED AND ADOPTED THIS 1st Day of 24arch,-A.D. 1960.
MiFyor
ATTEST:
city clerk �—