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Ordinance 260ORDINANCE NO: 4 AN ORDINANCE GRANTING TO aEARLES E. STARR AND C. P. HOLZDERB1R, THEIR HEIRS, LEGAL REPRESENTATIVES AND ASSIGNS, THE RIGHT, PRIVILEGE, OR FRANCHISE FOR THE FULL PERIOD OF THIRTY YEARS, TO CONSTRUCT, ELJTIP, MAINTAIN AND OPERATE A GAS PLANT AND 'ilORXIS, GAS HOLD:RS, AND ALL NECESSARY OR DESIRABLE APPURT- ENANCES FOR THE MANUFACTURE AND/OR STORAGE OF GAS IN TEE CITY OF MIAMI BEACH, FLORIDA, AND TO CON- STRUCT, E0IP, OPERATE AND MAINTAIN, IN, UNDER, UPON, OVER AND ACROSS THE PRESENT AND FUTURE STREETS, AVENUES, ALLEYS, HIGHWAYS, BRIDGES, EASE- YENTS, AND OTHER PUBLIC WAYS IN THE CITY OF MIAMI BEACH, FLORIDA, AND ITS SUCCESSORS, GAS YAINS AND SUPPLY PIPES TOGETHER WITH ALL THE NECESS- ARY OR DESIRABLE APPURTENANCES FOR THE PURPOSE OF CONVEYING, DISTRIBUTING, SUPPLYING .,.ND SELLING GAS TO SAID CITY AND ITS SUCCESSORS, THE INHABITANTS THEREOF, FOR LIGHT, HEAT, POJER AND OTHER PURPOSES, IL2OSING PROVISIONS AND CONDITIONS RELATING THERE- TO, AND INCLUDING AN AGREEMENT BY GRANTEES TO INDEENIFY .t,.ND HOLD THE SAID CITY, HAR1:IESS AGAINST ANY AID ALL LIABILITY, LOSS, COST, DAMAGE OR EXPENSE "MICH MAY OCCUR OR ACCRUE BY REASON OF THE NEGLECT, DEFAULT, OR MISCONDUCT OF THE GRANTEES IN CONNECTION 7ITH THE EXERCISE OP THEIR RIGHTS HEREUNDER. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA:- SIECTION I. There is hereby granted to CHARLES E. STIER, of itiami Beach, Florid.a, and C. P. HOLZDERBER, of Baltimore, Laryland, their heirs, legal representatives and assigns (herein called the grantees), the right, privilege or franchise for the full period of Thirty (30) Years from the effective date hereof, to construct, equip, maintain and operate gas plants, works and holders, and all necessary or desirable appurtenances for the manufacture and/or storage of gas in the City of Miami Beach, Florida, and to construct, equip, maintain and operate in, under, upon, over and across the present and future streets, avenues, alleys, highwaL7s, brides, eas'ements, an. other public ways in the City of ,Tiami Beach, Florida, and its successors, gas mains and supply pipes, together with all the necessary or desirable appurtenances (including service connections, curb boxes, man- holes, regulators, drip pots and control devices) for the purpose of conveying, distributing, supplying and selling manufactured / y 2. and/or natural gas to said City and its successors, the inhabit- ants thereof, for light, heat, power and other purposes. If at any time during the life of this franchise natural gas is used, or is available for use, the City o± Miami Beach expressly re- serves the right to demand and grantees agree to grant a revision of rates to the consumer in conformity with the savings, if any, accruing to the zrantees by the use of natural gas in lieu of manufactured ,ca. This grant is made in consideration of the construction, maintenance, and continuous operation of the gas generating plants, gas mains and supp1r pipes by the grantees herein provided for, and for the benefits and conveniences to the inhabitants of said. City as a result thereof. SECTION II. The City of Liami Beach hereby reserves the right at or after the expiration of this grant, to Purchase the property of the grantees used under this grant, as provided by the Statutes of Florida, in effect at the time of grantees' acceptance hereof, including Section 1844 of the Revised. General Statutes of 71orida of 1920, and, as a condition Precedent to the taking effect of this grant, the grantees shall give and grant to the Jity of Miami Beach the right to purchase so re- served. Grantees shall be deemed to have given and granted such right of purchase by the act of acceptance hereof. SECTION III. 1i work done in, under, upon, over and across the present and future streets, avenues, alleys, highways, bridges, easements and other public ways in the City of iiami Beach, Floritg, herenffter for the purpose of carrying out the provisions o± this franchise shall be done in a good and workman- like manner and not so as unreasonably to interfere with traffic, and when any portion of any street or other public way in the City ofEiami Beach is excavated or damaged by reason of such work, such street or public way shall, within a reasonable time and as early as practicable ,iter such excavation or damage, be replaced. 17 in as good condition as it was at the time of such excavation or damage. In the event grantees should fail or refuse, within a reasonable time, to replace such portion of any street or other public way so excavated or damaged, the City of ILiarni Beach shall have the' right to so replace said portion of said street or other public way, at the cost and expense of the grantees, which cost and expense shall be pi d by the grantees to said Jity within Thirty (30) days after the submission of a bill therefor. such portion of any street or other public way so excavated and. damage& by grantees shall be maintained by grantees for Five (5) Years thereafter in as good condition as the remaining portion of said streets or pu'plic ways, and, if the grantees shall fail to so maintain any of such streets or public ways, said. City may after notice to the grantees and the lapse of Ten (10) days make such repairs as are necessary for such maintenance, and the cost thereof shall be paid by the grantees within Thirty (30) days after the submission of a bill therefor. SECTION IV. Grantees shall use reasonable precautions for the safety of the public at all openings, excavations or obstructions made by the grantees in said present or future streets, avenues, alleys, highways, bridges, easements and other public ways in the City of Miami Beach, Florida, and shall pro- tect the same during the night time by red lanterns or other suitable signals in sufficient number to mark plainly such open- ings, excavations or. obstructions. SECTION V. The City of Miami Beach shall in no way be liable or responsible for any liability or damage that may occur in connection with the exercise by grantees of their rights here- under, including construction, maintenance or operation by the grantees of their gas generating plants, gas mains, supply pipes and necessary or desirable appurtenances, and the acceptance of this franchise shall be deemed an agreement on the part of the -3 1 said grantees to indemnify the said Jity and hold the said City harmless against any and '),11 liability, loss, cost, damage or expense which may accrue against the said. City by reason of the neglect, default or misconduct of the grantees, whether of omis- sion or commission, in connection with the exercise of their rights hereunder, including tae construction, operation or main- tenance of the grantees' gas generating plants, gas mains, supply pipes and appurtenances. SECTION VI. The mains, service pipes, and gas system constructed under this grant shall be constructed, maintained and operated in accordance with established practice in respect to such construction, operation and. maintenance. Before the com- mencement of the construction of the mains, service pipes and gas system, the grantees shall make application to the City Engineer of the City of Miami Beach, to designate the lines and grades to which, and places where, the said gas mains or pipes shall be laid, and thereafter when additional mains or pipes are laid a like application and designation shall be rnad.e as to such additional mains and pipes. ,11 such gas mains and service pipes to be installed shall conform accul'ately to the lines, grades and places so designated by the City Engineer. Ho excavation of any street or other public place shall be rnad.e unless grantees shall beforehand secure a permit therefor, from the City Engineer, un- less such excavation should be necessary because of an emergency requiring immediate action. X11 expense of the City Engineer necessarily and reasonably incurred in pursuance of the provi- sions of this section shall be paid by the grantees. _!1.11 con- struction made under the provisions of this ordinance shall be of first class material and all gas mains, service pipes and cenerat- ing plant shall have an adequate capacity to supply the full re- quirements of gas, for service to the City and its inhabitants, of the proper pressure and quality required by this ordinance. SECTION VII. The grantees shall defend the City of Miami Beach against all suits and pay all judgments against the said City because lof any and all liability, loss, cost, damage or expense which may (acerue against the said City by reason of the neglect, default or mis- conduct of the grantees, whether of omission or comUssion, in connec- tion with the exercise of their rights hereunder, including the con- structionv operation or maintenance of the grantees' gas generating plants, gas mains, supply pipes anclAippurtenances, and, for the pur.' pose of guaranteeing to the City the observance of this undertaking, the grantees shall at all times, during the exercise of the grantees' rights under this ordinance, have deposited with the City Clerk of 1 the said. City, a Surety Bond in the penal sum of Ten Thousand Dollars (410,000.00), to be executed by the 6rantees aad such Surety Company as shall be approved by the City Attorney and City Clerk, conditioned for the faithful observance by the grantees of this undertaking. SECTION VIII. The grantees, within six (6) months after this ordinance becomes effective, shall cam: enoe the construction of sail gas plant, and, within fifteen (15) months after this ordinance be- comes effective, shall have laid fifteen (15) miles of gas mains of said plant, ten (10) miles of which shall be four (4) inches or more in diameter, within that portion of the corporate limits of the City of Miami Beach that lies East of Bay Biscayne and is bounded on the North by Sixty-third (63rd) Street of said. City,and on the South by (15) Government Cut, which said fifteen/ miles shall embrace three (3) lines of gas mains which shall extend from Sixty-third (63rd) Street on the North to Biscayne Street on the South* one of which shall be laid near the Ocean Side, one approximately along the center, and one near the Bay Side, of the said territory East of Biscayne Bay and bounded on the North by Sixty'third (63rd) Street and on the South by Government Cut, and, within twelve (12) months next following,shall have laid gas mains to serve all the inhabitants of said. City within said area, and shall have the entire gas system in continuous opera- tion, supplying in good faith gas to applicants along said lines who shall have applied therefor at least three (3) months prior to the time of suchcompletion and continuous operation, and who shall have complied with the grantees' rules and regulations herein provided for. ry 6. The grantees, for the purpose of guaranteeing to the said City the construction required herein to be done by the grantees and the furnishing of gas service withih the time and in the manner herein provided, shall, before the calling of the election for the approval of this ordinance as provided by the Charter of said. City, deposit with the City the sunt of Twenty - Five Thousand (�� 25 ,000.00) Dollars in cash, or United. States Government Bonds, or other evidences of debt of the United States, of the par value of Twenty -Five Thousand (025,000.00) Dollars, which funds shall be promptly returned to the grantees together with any and all income derived therefrom,if and when the grantees shall have complied with the provisions hereof within the time and in the manner herein provided., but in the event that the grantees fail within the time and in the manner herein provided_ to lay the said fifteen (15) miles of gas mains of said gas plant, or, having done so, fail within the time and in the manner herein provided to complete and have in continuous operation the said gas system supplying the said gas as aforeaaid., then the said funds together with all income derived therefrom shall be forfeited to the City as liquidated damages sustained by it by reason of gran- tees' said default, and it is hereby agreed that such liquidated damages are reasonable and such as are not susceptible of accurate ascertainment, but are known to the parties hereto to be reason- able nevertheless. The said funds so deposited with the City by the grantees shall be held and kept separate and apart from other funds in the hands of the City. SECTION a. The grantees shall promptly make such extension of mains and service pipes as may be ordered by the City Council of the City of Miami Beach. Such extensions shall be made at the cost and expense of the grantees provided there is an aver- age of one (1) additional consumer to each two hundred. (200) feet of mains include& in such extension. Where there is less than one (1) consumer to each two hundred (200) feet of proposed ex- tended mains, the grantees will not be required to make such ex- 7. tension until the applicant for service along such extension shall have deposited with the grantees a sum of money sufficient to cover the cost of any length of the extension in excess of the length in feet of two hundred (200) times the number of additional consumers served thereby, the sum to be deposited by the applicant for such extension to be subject to the approval of the City En- gineer of said City. In such cases the grantees shall refund to the applicant the cost of two hundred (200) feet of main as each additional consumer is served, until the entire amount deposited shall have been refunded. The gas mains and equipment, and all appurtenances included in such extension shall be and remain the property of the grantees. SECTION X. If any street, avenue or highway is about to be paved or repaved by the City of Miami Beach, the City Engineer shall, more than Thirty (30) days prior to the commence- ment of such work, give written notice thereof to the grantees. If such street, avenue or highway is so located that the inhab- itants of the houses or other structures fronting on such street, avenue or highway should, under the provisions of this ordinance, be supplied with gas, and there should not be less than one house or structure on such street for each three hundred (300) feet of main to be laid, the grantees shall lay such gas mains along said street, avenue or highway prior to the construction of such pave- ment as may be necessary to supply the said inhabitants with gas under the provisions of this ordinance; provided, however, that the gas mains of said grantees shall be already located not more than five hundred (500) feet from that portion of the street to be so pave& or repaved. • SECTION XI. All gas manufactured and furnished here- under shall be of standard quality and uniformity, and shall have a heating value of not less than five hundred twenty-five (525) British Thermal Units to the Cubic Foot as produced at the point 8. of production or at such other point as the City Council may des- ignate byproper notice to the b p P grantees, an& shall be furnished at the point of consumption of the usual and customary standard. pres- sure. Such facts shall be ascertained by the City Gas Inspector, if there be such an officer, and by such other official as the City Council may designate. Suitable instruments and equipment shall be furnished therefor at the expense of said. grantees. In the event that the quality of the gas produced shall, in any calen- dar month, for an aggregate period of seventy-two (72) hours fall below said standard) of five hundred twenty-five (525) British Thermal Units to the Cubic Foot at the point of production, the charges for that month for gas consumed by all inhabitants shall be reduced directly in the proportion that the average number of British Thermal Units produced should fall below such standard, during any such aggregate period of seventy-two (72) hours; pro- vided, however, that the grantees be immediately notified. that the gas has so fallen below said standard. Said inspectors shall have access to all parts of said plant and system at all reasonable times for the purpose of making said inspection. SECTION XII. Until December 31st, 1934, subject to the right of the grantees to reduce their rates of charges for gas consumed, the grantees are authorized. and empowered to estab- lish for gas furnished each consumer during the period of this franchise, a net charge at a net rate of One Dollar and Ninety Cents (44.90) per thousand (1,000) Cubic Feet; provided, however, that for gas furnished each consumer in any one month exceeding seventy-five thousand (75,000) Cubic Feet and not exceeding one hundred thousand (100, 000) Cubic Feet, such net rate shall be One Dollar and Eighty-five Cents ($1.85) per thousand. (1,000) Cubic Feet, and, that, for gas furnished each consumer in any one month exceeding one hundred thousand (100,000) Cubic Feet, such net rate shall be One Dollar and Seventy-five Cents (1.75) per thousand_ 0 I. (1,000) Cubic Feet, and, that, for each consumer in any one month there may be established.. a minimum net charge of One Dollar ant Fifty Cents (1.50), and, provided further, that for each period of five (5) years during the term of this franchise from andafter December 31st, 1934, said rates shall be d.etermined by agreement between the City Council of said 'jity and the grantees and shall be fair and reasonable and such as that grantees shall derive thereby a just and reasonable return upon a fair valuation of the property of the grantees'employed in supplying the City and its inhabitants with gas, which said rates shall be determined. by said City Council of said. City and said grantees at a meeting of the City Council or at such other time and place as may be agreed. upon, but within ninety days prior to the beginning of each such five-year period. If for any reason the City and the grantees fail to come to such agreement said rates shall be determined by a Board of Arbitration consisting of three members to be selected as follows: one by the City Council, one by the grantees, which two shall select a third, and said. Board of Lrbitration shall be appointed within thirty (30) days from the date of the final meeting at which the City Council and grantees fail to agree, and. the Board. of Arbitration shall within ninety (90) days from the date of their appointment report their findings determining said rates, and the rates so determined shall go into effect thirty (30) days after notice thereof shall have been served upon the grantees. The compensation of the member of the Board of Arbi- tration appointed by the City and all expenses incurred at the instance of said member shall be borne by the. City, and the com- pensation of the member of the Board of Arbitration appointed by the grantees and. all expenses incurred at the instance of said member shall be borne by the grantees, and the compensation of the third member of the Board of Arbitration and all expenses in- curred at his instance shall be borne equally by the City and the grantees. And such rates so determined by agreement of the City 10. Council and the grantees or by said. Board. of 2.rbitration, or if none are determined, then the rates in effect during the period. in which such determination should have been made, shall be the rates during the ensuing five-year period and. until changed by agree- ment, or arbitration, as aforesaid., or until otherwise determined by a court of competent jurisdiction. Alnd the grantees agree that the City Council shall, by any one delegated by it for the purpose of the determination of said rates, have access to the books, accounts, invoices, papers, records, reports and balance sheets of the grantees in their of- fice, with the full cooperation of the grantees, their auditors and employees, in arriving at the cost or value of the grantees' property used in, or a part of, its plant, the cost to the gran- tees of the production and distribution of gas and. conduct and operation of its plant, the gross and net income of said grantees during any period of time, and in the ascertainment of any other facts necessary or proper for the purposes aforesaid. SECTION MI. Grantees' pipes or other means of con- veyance of gas hereunder shall be located subject to the super- vision of the proper City Officials and installed at grantees' sole cost and expense, in such manner as not to unreasonably in- terfere with any sewer, gas or water pipes or other public utility service previously constructed, and, after the location and in- stallation of grantees' pipes or other means of conveyance of gas shall have been fixed and established, the City shall not permit the same to be interfered with except without cost to grantees and then only upon condition that any necessary alterations shall be made under directions of the grantees in such manner as shall not permanently impair the rights hereby granted nor unnecessarily in- terfere with or injure the present or future structures, operations or business of the grantees. Provided, however, that nothing here- in contained shall be construed to make the City of Miami Beach liable to grantees for any cost or expense in connection with the llo construction, reconstruction, repair, location or relocation of grantees' pipes or other means of conveyance of gas hereunder necessary by the construction, reconstruction, location or reloca- tion of any existing or proposed sewer, water main or other duct or structure, or by the widening, grading, paving or otherwise im- proving by said. City of any of the present and future streets, avenues, alleys, highways, bridges, and other public ways used or occupied by grantees hereunder, but the grantees shall be liable therefor. SECTION XIV. This franchise and all work that may be done hereunder shall be subject to such valid reasonable regula- tions, rules, laws and ordinances as may be in force or which may here/after be enacted or adopted for the regulation and use of the streets and highways of the City of Miami Beach, and. for the gen- eral welfare and safety of its citizens and the protection and safeguarding of their lives and property. SECTION XV. The grantees shall at all times keep an accurate map, showing the location of all gas mains and service pipes laid. and maintained by grantees under the provisions of this ordinance, and the map shall be accessible for public inspection at all times during reasonable hours. On the first day of January and on the first day of July during each and every year of the term of this franchise, the grantees shall furnish the City Engineer of the City of Liami 3each a copy of the map of said gas mains and service pipes last made by the grantees. SECTION XVI. The grantees shall, at their own cost anci expense, construct and maintain service to consumer's property line, and, for the measurement of gas consumed, furnish, install and maintain gas meters which shall be of standard make, tested and sealed, and subject at all times to reasonable inspection by the City of lAami Beach through such officers or agents as may be designated by the City. A competent gas engineer may be employed f - ,r 12. by the City, and his duties, as well as the inspection of gas meters herein provided, may be defined by ordinance, and the in- spection by such gas engineer may be made, once:a day or more often, as may be necessary or proper to ascertain the accuracy and efficiency of the gas meters and whether the heat -unit quality of the gas furnished conforms to the standard provided by this ordinance, and it shall be and become the duty of grantees to re- place any meter in the event of its over registration of two per centum (2;i;) or more. Provided, however, the gas meters shall be and remain the property of the grantees, and provided the grantees shall have the right by reasonable rules and regulations to govern the furnishing and maintenance of such gas meters. SECTIOi XVII. All the conditions, obligations, agree- / ments snd provisions of this ordinance shall be binding upon the grantees, their heirs, legal representatives and assigns, whether expressly so stated herein or not, and all grants and privileges secured by this ordinance to the grantees shall be held to inure to the benefit of the grantees, their heirs, legal representatives and assigns, and the consent of the City of Miami Beach is hereby expressly given to the grantees to assign this franchise and all permission, rights, privileges and authority hereby granted., to any corporation now existing or which may hereafter be created for the purpose of carrying out the terms and provisions of this ordinance. Such assignment shall not become effective until the grantees shall have filed with the ;ity Clerk of the City of Miami Beach a written assignment of the franchise hereby granted and the rights hereby conferred, executed by the grantees to a corporation authorized by the State of Florida to do business in the said. State, and the written acceptance of such assignment of such corporation, and its agreement to assume and perform the obligations of the grantees as in this ordinance set forth, and the grantees shall be 13. release& from all further personal liability on account of this ordinance and the agreements herein contained when such assignment has been so made and accepted, and the assigneehas so agreed to assume and. perform the said obligations of the grantees. And any subseqaent assignment of this franchise shall be subject to all the provisions of this section respecting the assignment thereof by the grantees. SECTION XVIII. This ordinance shall take effect as soon as it shall have been passed by the City Council and approved by the _ayor, and approved at an election to be held in the City of Miami Beach, pursuant to the Charter of the City of Miami Beach, and accepted as required herein. SECTION XIX. All ordinances and parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION XX. The grantees shall file their written acceptance of this franchise with the City Clerk of the City of iiami Beach, Florida, within thirty (30) days after it shall have been duly passed, and approved by the Mayor of the City of Liami Beach. d.ay of PASSED AND ADOPTED BY THE CITY COUNCIL THIS 7 , A. D. 1928. APPROVED by me this ;7 44 Presiden 1 y-76.1incET7 City of Miami Beach, Florida. d.ay of PASSED First and 3econd readings, :6,157 PASSED Third reading, POSTED , A. D. 1923. At;tilYami each -7— / 3 • STATE OF FLORIDA) COUNTY OF DADE ) I, C. W. TOMLINSON, City Clerk in and for the City of Miami Beach, Florida, do hereby certify that Ordinance No. 2b0, entitled, "AN ORDINANCE GRANT- ING TO CHARLES E. STARR AND C. P. HOLZDERBER, THEIR HEIRS, LEGAL REPRESENTATIVES AND ASSIGNS, THE RIGHT, PRIVILEGE, OR FRANCHISE FOR THE FULL PERIOD OF THIRTY YEARS, TO CONSTRUCT, EQUIP, MAINTAIN AND OPERATE A GAS PLANT AND WORKS, GAS HOLDERS, AND ALL NECESSARY OR DESIRABLE APPURTENANCES FOR THE MANUFACTURE AND/OR STORAGE OF GAS IN THE CITY OF MIAMI BEACH, FLORIDA, AND TO CONSTRUCT, EQUIP, OPERATE AND MAINTAIN, IN, UNDER, UPON, OVER AND ACROSS THE PRESENT AND FUTURE STREETS, AVENUES, ALLEYS, HIGHWAYS, BRIDGES, EASEMENTS, AND OTHER PUBLIC WAYS IN THE CITY OF MIAMI BEACH, FLOR- IDA, AND ITS SUCCESSORS, GAS MAINS AND SUPPLY PIPES TOGETHER 7ITH ALL THE NECESSARY OR DESIRABLE APPUR- TENANCES FOR THE PURPOSE OF CONVEYING, DISTRIBUTING, SUPPLYING AND SELLING GAS TO SAID CITY AND ITS SUC- CESSORS, THE INHABITANTS THEREOF, FOR LIGHT, HEAT, POWER AND OTHER PURPOSES, IMPOSING PROVISIONS AND CON- DITIONS RELATING THERETO, AND INCLUDING AN AGREEMENT 3Y GRANTEES TO INDEMNIFY AND HOLD THE SAID CITY, HARM- LESS AGAINST ANY AND ALL LIABILITY, LOSS, COST, DAMAGE OR EXPENSE WHICH MAY OCCUR OR ACCRUE BY REASON OF THE NEGLECT, DEFAULT, OR MISCONDUCT OF THE GRANTEES IN CON- NECTION WITH THE EXERCISE OF THEIR RIGHTS HEREUNDER." having been duly passed and adopted by the City Council of the City of Miami Beach, Florida, has been posted by me in three conspicuous places in the City of Miami Beach, one of which was at the door of the City Hall in said City on the 7th day of November, A. D., 1928, and that said ordinance remained posted for a period of at least thirty days in accordance with the require- ments of the City Charter of the said City of Miami Beach. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Miami Beach, on this the 12th day of December, A.D., 1928. City Clerk 4 gr• • • ar, 6 ca • ' • `,*s . .49 a .1 • • 11' I( • • • . •