Ordinance 995 ORDINANCE NO• 995
AN ORDINANCE GRANTING TO FLORIDA POW`:- & LIGHT
COMPANY, ITS SUCCESSORS AND ASSIGNS, AN "ELECTRIC
FRANCHISE, AND IMPOSING PROVISIONS AND CONDITIONS
RELATING THhT.ETO.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH,
FLORIDA:
SECTION 1: That there is hereby .granted to Florida rower &
Light Company (herein called the "Grantee") , its
successors andassigns, the non-exclusive right ,
privilege or franchise to construct , maintain and
operate in, under, upon, over and across the present
and future streets, alleys, bridges, easements and
other public places of the City of Hiami Beach,
Florida, (herein calked the "Grantor") and its suc-
cessors, in accordance with established practice with
respect to electrical construction and maintenance,
for the period of thirty years from the date of accep-
tance hereof, electric light and power facilities
( including conduits, poles, wires and transmission
lines, and, for its own use, telephone and telegraph
lines) for the purpose of supplying electricity to
Grantor, and its successors, the inhabitants thereof,
and persons and corporations beyond the limits thereof.
SECTION 2: That Grantor hereby reserves the right at and after
the expiration of this grant to purchase the property
of Grantee used under this grant , as provided by the
Laws of ilorida, in effect at the time of Grantee' s
acceptance hereof, including Section 167.22 of the
Florida Statutes 1941, andas a condition precedent
to the taking effect of this grant, Grantee shall
give and grant to the Grantor the right to purchase
so reserved. Grantee shall be deemed to have given
and granted such right of purchase by its acceptance
hereof, which shall be filed with the Grantor' s clerk
within thirty ( 30) days after this ordinance takes effect.
SECTION 3: That the facilities shall be so located or relocated
and so erected as to interfere as little as possible
with traffic over said streets, bridges , alleys and
public places, and with reasonable egress and ingress
to abutting property. The location or relocation of
all facilities shall be made under the supervision and
with the approval of such representatives as the govern-
ing body of Grantor may designate for the purpose, but
not so as unreasonably to interfere wi th the proper
operation of Grantee' s facilities and service. That
when any portion of a street is excavated by Grantee in
the location or relocation of any of its facilities,
the portion of the street so excavated shall, within a
reasonable time andas early as practicable, after such
excavation, be replaced by the Grantee at its expense
and in as good condition as it was at the time of such
excavation.
OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
February 8, 1952
Mr. R. B. Roberts, Vice President
Florida Power & Light Company
25 S. F. Second Avenue
Miami, Florida
Dear Sir:
I am returning to you herewith a copy of your
letter to Mr. Renshaw, City Manager, under date of July
16, 1951, which he has signed as having been formally
approved by the City Council on February 6, 1952.
Very truly yours,
C . W. Tomlinson
City Clerk
p•
•
SECTION 4: That, Grantor shall in no way be liable or responsible
for any accident or damage that may occur in the con-
struction, operation or maintenance by Grantee of its
facilities hereunder, and the acceptance of this or-
dinance shall be deemed an agreement on the part of
Grantee , to indemnify Grantor and hold it harmless
against any and all liability, loss , cost, damage or
expense, which may accrue to Grantor by reason of the
neglect, default, or misconduct of Grantee, in the
construction, operation or maintenance of its facili-
ties hereunder.
SECTION 5: That all rates andrules and regulations established
by Grantee from time to time shall at all times be
reasonable and Grantee' s rates for electricity shall
at all times be subject to such regulation as may be
provided by law.
SECTION 6: That within thirty days after the first anniversary
date of this grant and within thirty days after each
succeeding anniversary date of this grant, the Grantee,
its successors and assigns, shall pay to the Grantor
and its successors an amount which added to the amount
of all taxes , licenses and other impositions levied or
imposed by the Grantor upon the Grantee' s electric
property, business, or operations , and those of Grantee' s
electric subsidiaries for the preceding tax year, will
equal Co of Grantee' s revenues from the sale of electrical
energy to residential and commercial customers within
the corporate limits of the Grantor for the twelve
fiscal months preceding the applicable anniversary date.
SECTION 7: That failure on the part of the Grantee to comply in any
substantial respect with any of the provisions of this
ordinance, shall be grounds for a forfeiture of this
grant, but no forfeiture shall take effect if the
reasonableness or propriety thereof is protested by
Grantee until a court of competent jurisdiction (with
right of appeal in either party) shall have found that
Grantee has failed to comply in a substantial respect
with any of the provisions of this franchise, and the
Grantee shall have six (6) months after the final
determination of the question, to make good the default
before a forfeiture shall result with the right in
Grantor at its discretion to grant such additional time
to Grantee for compliance as necessities in the case
require.
SECTION 8: This ordinance shall take effect as soon as it has been
approved by a majority of the qualified voters of the
City of Miami Beach voting thereon at an election held
for such purpose; but the effective date hereof shall
not be loss than forty (40) days after the-final passage
hereof.
SECTION 9: That all ordinances and parts of ordinances in conflict
herewith be and the same are herebT repealed.
PASSED and ADOPTED this 5th day of December, A. D.
1951. '
V
2__
• __.
MAYOR
ATTEST:
CITY CLERK
1st reading -November 21, 1951
2nd reading -November 21 , 1951
3rd reading - December 5, 1951
POSTED - December 5, 1951
OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
��E
FLORIDA POWER ok LIGHT COMPANY
MIAMI 30 , FLORIDA
July 16, 1951
Honorable Claude A. Renshaw, City Manager
City of Miami Beach
Miami Beach, Florida
Dear -sir. Renshaw:
In the event the City of Miami Beach grants a new
30-year electric franchise to Florida. Power & Light Company,
the provisions of the franchise to be the same as those set
forth in franchise ordinances adopted during recent years by
the legislative bodies of numerous municipalities throughout
the State of Florida, Florida Power & Light Company agrees,
during the effective period of such 30-year electric franchise,
to give to the City, without rental cost to it, the right to
occupy existing poles of the Company as designated by the Com-
pany for the purpose of attaching thereto, and maintaining and
operating thereon, the wires and fixtures necessary for the
operation of its fire alarm system, providedthat the City
shall install, maintain and operate the same in such manner
as not to interfere with the use, operation and maintenance
by the Company of its facilities.
In. consideration, the City assumes full liability
and responsibility for its use and occupancy of the Company' s
poles and for the construction, operation and maintenance of
said fire alarm system, and agrees to indemnify and save the
Company harmless from and against any and all liability, loss,
cost, damage or expense Prising directly or indirectly out of
said City' s use and occupancy of the Company' s poles as herein
provided.
If the foregoing meets with your approval, please
so indicate in the space provided below.
Very truly yours,
FLORIDA POWER & LIGHT COMPANY
This meets with our approval:
CITY OF MIAMI BEACH
4 -BOA- s \A-k__,,
j ce Presi• -nt
C y c is 'r.,r
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. 995,
entitled: "AN ORDINANCE GRANTING TO FLORIDA POWER & LIGHT COMPANY,
ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC FRANCHISE, AND IMPOSING
PROVISIONS AND CONDITIONS RELATING THERETO" , having been 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 5th day of December, A.D. 1951, and that said
Ordinance remained posted for a period of at least thirty days in
accordance with the requirements 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, Florida,
on this the 21st day of January, A.D. 1952.
City Clerk
•
ACCEPTANCE OF CITY OF MIAMI BEACH
ELECTRIC FRANCHISE ORDINANCE NO. 995
January 23, 1952
City of Miami Beach
Miami Beach, Florida
The Florida Power & Light Company does hereby accept
Ordinance No. 995, it being:
"AN ORDINANCE GRANTING TO FLORIDA POWER &
LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS,
AN ELECTRIC FRANCHISE, AND I`1POSIvG PRO-
VISIONS AND CONDITIONS RELATING THERETO".
This instrument is filed .With the City Clerk of the City
of Miami Beach, Florida, in accordance with the provisions of
Section 2 of said Ordinance.
FL A POWT' & IGHT COMPANY
BY o
B. Rober s, Vice President
ATTE5'P 1
(,;2 gl_
W. F. Blayloci , Assista_ t Secretary
I hereby acknowledge receipt of the above Acceptance by
the Florida Power & Light Company of Ordinance No. 995, it being:
"AN ORDINANCE GRANTING TO FLORIDA POWER &
LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS,
AN ELECTRIC FRANCHISE, AND IMPOSING PRO-
VISIONS AND CONDITIONS RELATING THERETO",
and certify that I have filed the same for record in the permanent
files and records of the City of Miami Beach, Florida, this i1.3P--iC
day of January, 1952.
O
ity Clerk
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