1962-476ORDINANCE 476
ORDINANCE_ OF City OF SOO'bilft-A! FkORID
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S 11 'DADR,PROFESSIONAL BLDG.#INC. SETTING
FORTH CONDITIONS.
WiEREAS, on Dec ember IS, 1959, a private sewer franchise was
granted to SOUtVbade Professional Buijding, Inc., a - F l6rida corporation, by
Ordinance #439, and
ICHEREAS, the said friknc'_hise"'"
limits the e Osage of said sewer to
the South Dade Hospital building, and
WHEREAS, it is to the best interests of the City to allow
additional usage of the sewer facili y heretofore constructed -in conformity
with Ordinance 0439, and
noticed
IfflEREAS, a du was held on October 1-6,
pii6lic hearing
1962, for the purpose of considering amending ordinance No. 439;
NOW, THEREFORE, BE IT ORDAINED BY THE 14AYOR AND CITY . "I COUNCIL
OF THE: CITY OF SOUTH MIAMI, FLORIDAc
1. That Ordinance #439, previously adopted ed on December 15, 1959,
the caption of which reads as follows:
"AN E
�ORDINANC AUTHORIZING* SOUTW DARE --PROFESSIONAL
BUILDING,
A
'"
-INC., TO
USE
_j'
H E
PUBLIC
L
-I4
C
R T"OFD HE C TY "S ",ALONG AND A AS DE Si G SU 11TE D F IN L E OF CONSTRUCTING Mj NT AIN I NG D1 E LI NE 11 1E U W ER FOR THE USE
B U ILD ING
is hereby amended by adding thereto the following sections:
Section 10. There is hereby granted to South Dade Professional
Building, Inc., the right to maintain-and operate the existing sewer line, pre-
viously constructed by South Dade PROFESSIONAL Building, along, under and across
the right-6f-way and public streets o-fthe City of south Miami, Florida, in
accordance with the plans and specifications heretofore filed with the City and
made a part of Ordinance 0439. The permission hereby granted is for the express
and sole purpose of providing sewage service to the nrop'dities abutting on the
existing sewer line and shall not operate so as to normit --l" extension of any
existing sewage lines. The right being granted hereunder shall be non-exclusive
and the City reserves the right to grant similar use of said streets, alloys,
public ways and places to any"nerson or corporation at any time during the
period of this franchise.
Section 11. South Dade Professional Building, Inc., shall
pay to the City for the privilege of maintaining and operating such sewage line
$100.00 dollars per year or portion of year for each tract or parcel of land
serviced by the said sewage systemi For the purpose of this payment, the land
unit for each payment shall be each tract, or parcel of land having unity of
ownership which is of sufficient size under zonifig reguiittions of the , City to
be used as a site for a building or structure, and Why such tract or parcel of
land upon which ther.- is an existing conforming building or structure. ructure. If any
existing 64ild'ing requires more than one sower outlet, the tract or land shall
be con sidired to consist of as many land units at there are sewer outlets pro-
vided or required. On or before March 1st of each yeari grantee shall pay unto
City ail sums due for the preceding caliefidar year.
Section 12. At the expiration df the term for which the
I
sewage franchise has been granted, the City at its 010c 4i6h and upon payment
to South Dade Professional Building, Inc. of the sum Of,,$ 1,0o, dollars shall
have the right to purchase and take over the sewage system in its entirety.
South Dade Professional Building shall make it a condition of etch contract
entered into by it with reference to operation under this franchise t6t the
contract shall be subject to the exercise of this option by the City.
Section 13. In the event the City shall install or operate a
sewage system during the term of this franchise, the City shall have the right
td'pu*hase all pipes, mains, equipment and apparatus laid or placed by the
South Dade Professional Building in the Streets, alleys and other public places
of the City, at a price equal to the original cost of installation, less de-
preciation at rate of three percent (3%) per annum.
2. All parts of Ordinance No. 439, F-reviously adopted, in
conflict with this ordinance are hereby repealed insofar as said parts are in
conflict with the provisions of this ordinance.
3. The grantee shall file its written acceptance of these
ammendments with the city clerk within 30 days of the date of adoption of this
ordinance or the anigendments set forth herein shall be null, void and of no effect.
4. That, if any section, part of section, paragraph, sentence'
or clause of this Ordinance shall be adjudged by a court of competent jurisdiction
-- - to be - invalid, such- decision shall not affect the validity of any other portion
hereof, but shall be restricted and limited in its operation and effect to that
specific portion hereof involved ini'the controversy in which such decision shall
have been rendered.
i' PASSED AND ADOPTED this ` day of 1962.
ATTEST: Presiding er, y Touncil
city ClarK
November 21, 1962
We, the South Dade Profess -i., " `'BtU1ding, do hereby 'accept th 's
ordinance #k1176 as ammended by the South Miami Council on November
20, 1962.
Signed
(Tames F .`Lyons, _ esident
South- a Professional Building
Attest :_�,/�����0
William Kendall
Secretary Treasurer
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