Ordinance 265ORDINAECE NO.
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF IV,IAMI BEACH, FLORIDA,CALL-
ING AN ELECTION FOR THE PURPOSE OF SUB-
MITTING TO THE QUALIFIED VOTERS OF SAID
CITY FOR THEIR ARL-ROVAL ORDINANCE NO.
260 OF SAID CITY, AND AKING 2ROVISION
RELATIVE TO THE HOLDING OF SAID ELECTION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH,
FLORIDA:
hHEILLAS, the City Council of the City of Liami Beach,
Florida has this day adopted its ordinance No. 260, the title of
which is hereinafter set forth, by giving it its third reading in
full, and by unanimous affirmative vote of said City Council taken
upon a call of the roll, which ordinance, before it becomes effect-
ive as a law must have been approved by a majority of the qualified
voters of the City of liami Beach, Florida, voting at an election
held for that purpose:
That a special election is hereby called and directed.
SECTION 1: to be held at the City Hall in saidaty of Miami Beach,
Florida, from Eight (8) o'clock Ao M., until sundown
on the Eleventh (11th) day of December, A. D. 1928, for the purpose
of submitting to a vote of the qualified voters of the City of
Miami Beach, Florida, voting at the said election, the question:
ivhether Ordinance No. 260 adopted by the City Council of the City of
Miami Beach, Florida, November Seventh (7th), 1928, and entitled,
" An Ordinance granting 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 appurt-
enances for the manufacture and/or storage of gas in the City
of kiami 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 Maud Beach, Florida,
and its successors, gas mains and supply pipes together with
all the necessary or desirable appurtenances for the purpose
of conveying, distributing, supplying and selling gas to said.
City and its successors, the inhabitants thereof, for light,
heat, power and other purposes, imposing provisions and condi-
tions relating thereto, and including an agreement by grantees
to indemnify and hold the said City, harmless 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 connection with the exercise of their rights
hereunder."
be approved and become a law.
All persons qualifieer-t0 vote in the General electnirt
SECTION 2: to be held in the City of kiami Beach, December 18,
1928, shall be qualified electors for this election, provided, that
their names shall appear in the registration books of said City not
later thai. Decembeh Fourth (4th) A. D. 1928.
That,Hugh :Garrick, Ralph Fishburne and Rose v eiss, be
SECTION : and they are hereby appointed inspectors and J. C.Brown
is hereby appointed Clerk, for the purpose of holding
and conducting said election at the time and place aforesaid, which
names the said Clerk shall certify to the Mayor.
That said inspectors and said Clerk shall certify
SECTION 4: the result of said election to said City Council
within Five (o) days after the holding of said election.
That Thirty (o0) days notice of such election be given
SECTION 5: by the iviayor of said City, by posting the notice
hereinafter provided for Thirty (U) days in three
conspicuous places in said City of 'iami Beach, Florida, to -wit:
at the City Hall, the Police Station and Liberty Avenue Fire Station,
and by publishing the same once each week for Thirty (:.U) days in
The Sun, a newspaper published and of general circulation in the
City of Miami i3each, Florida.
That said notice of election shall be in substantially
SECTION 6: the following; form:
" Notice is hereby given that an election has been called
by the City Council of the City of Miami Beach, Florida,
and will be held at the City Ball in said City on the
Eleventh (lith) day of December, A. D. 1928, at which there
will be submitted to the qualified voters of said City the
following question:
Shall Ordinance No. 260 adopted by the City Council
of the City of laiami Beach, Florida, November 7th, 1928,
and entitled)" An Ordinance granting to Charles E. Starr
and C. 2. 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 has plant and works, gas holders, and all necessary
or desirable apeurtenances for the manufacture and/or stvrage
of gas in the city of Iviami 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 Oity of Liami
Beach, Floridv, and its successors, gas mains and supply pipes
together with all the necessary or desirable a jpurtenances for
the purpose of conveying, distributing, supplying and selling
gas to said City and its successors, the inhabitants thereof,
for light, heat, power and other purposes, imposing provisions
and conditions elating thereto and inclding an agreement
granteesbto indemnify and hold the said City, harmless
againsty loss,cost, damage or expense
any dna all liability,
which may occur or accrue by reason of the neglect, default,
or misconduct of the grantees in connection with the exercise
of their right s hereunder. " be approved and become
a law2
Inspectors and a Clerk have been appointed to
conduct such election at said time and place., Regist r-
ation books will be open from Ten (10) o'clock A.M.,until Five
(5) o'clock P. M., Sundays, holidays and half -holidays
excepted, from this day until and includin6 December Fourth
(4th), 1928, for the purpose of registering persons quali-
fied to register for such election.
N.LIFiaiU
. S) Jr.)
Mayor of the City of ibliami
Beach, Florida."
That the form of ballot to be used at said election,
SECTION 7: a sufficient number of which the City Clerk is hereby
authorized to have printed, shall be irisubstantially
the followin8 form:
9
City of itiiami Beach, Florida,
SPECIAL ELECTION
December 11, 1928
Make a cross Ix] before our ehoiee.
Shall Ordinance No. 260, adopted by the City Council of
the City of Miami Beach, Florida, November 7th, 1928,and
entitled.;" AN ORDINANCE GRANTING 10 CHARLES E. STARR AND
C. P. HOLZDE1iBER, 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 NECES-
SARY 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 PWLIC WAYS
IN THE CITY OF MIAMI BEACH, FLORIDA, AND ITS SUCCESSORS,
GAS MAINS AND SUPPLY PIPES TOGETHER vvITH ALL THE NECESSARY
OR DESIRABLE APrURTENANCES FOR THE PURPOSE OF CONVEYING,
DISTRIBUTING, SUPPLYING AND SELLING GAS TO SAID CITY AND
ITS SUCCESSORS, THE INHABITANTa THEREOF, FOR LIGHT, HEAT,
POWER AND OTHEA PURPOSES,• IMPOSING PROVISIONS AliD CONDITIONS
RELATING THERETO, AND INCLUDING AN AGREEMENT BY GRANTEES TO
INDEMNIFY AND HOLD THE SAID CITY, HARMLESS AGAINST ANY AND
ALL LIABILITY, LOSS, COST, DAMAGE OR EXPENSE WHICH LIAY
OCCUR OR ACCRUE BY REASON OF THE NEGLECT, DEFAULT, 011. kI6-
CONDUCT OF THE GRANTEES IN CONNECTION v,ITH THE EXERCISE OF
THEIR RIGHTS HEREUNDER.0- be approved and become a law ?
Yes.
11
That it is hereby determined and declared that the
SECTION 8: welfare of said City and the protection of the citizens
thereof, require that this Ordinance be given its
•
first, second and third readings at this meeting in one session of
said City Council, which three reaaings of this Ordinance shall be
has at this meeting, whereupon the same shall become effective
immediately upon its passage and approval by the Mayor of said City.
PASSED ADOPTED this 7th aay of november, A. D. ,1928
ATTEST:
4ty Clerk
e Agegoo ,
resisant Ci y ounci
APPROVED by me this 7th day of November, A. D.:1928.
First, secona and third readin6s, November 7th, 1928.
Posted, IT.Q3Eztabsx...9.4_4.928.
ORDINANCE NO.
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