Ordinance 94-2962 ORDINANCE NO. 94-2962
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE
CHAPTER 25, ENTITLED "OFFENSES-MISCELLANEOUS" BY
REPEALING SECTION 25-37, ENTITLED "ELECTRICAL UTILITY-
CHANGE OF DISTRIBUTION FACILITIES" ; PROVIDING FOR A
REPEALER, SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City Commission has adopted new regulations
pertaining to the use of underground utilities which have been
included in Chapter 39 of the City Code; and
WHEREAS, the regulations set forth in Section 25-37 are no
longer necessary.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1 . REPEAL OF MIAMI BEACH CITY CODE SECTION 25-37 .
That Section 25-37 of Miami Beach City Code Chapter 25,
entitled "Offenses-Miscellaneous" is hereby repealed in its
entirety:
Whenever thc utility, hereinafter ailed thc company,
supplying electric 3crvicc in the city, is authorized by the city
to remove any of its existing ovcrh ad electric distribution
facilities and supply electric Service by means of underground
facilities to any individual, firm or corporation, hereinafter
ailed the customer, owning, operating, leasing or renting any
building or structure being served, the company Shall give written
notice to each such customer at the address of the location of each
point of delivery at 1 aot sixty days in advance of the date of
completion of such removal, and each such customer 30 notified
shall , on or before the completion of such removal, marc, at his
expense, such changes a3 may be necessary in the wires and other
new lo ation of the company' s electric distribution facilities in
accordance with the company' s service and meter rules and
regulations on file with the city. In the event of failure on the
company is hereby authorized to disconnect and remove all overhead
service to ouch customer.
SECTION 2 . REPEALER.
All ordinances or parts of ordinances inconflict herewith be
and the same are hereby repealed.
2
SECTION 3 . SEVERABILITY.
If any section, subsection, clause or provision of this
Ordinance is held invalid, the remainder shall not be affected by
such invalidity.
SECTION 4. EFFECTIVE DATE.
This Ordinance shall take effect on the 31st day of
December , 1994 .
PASSED and ADOPTED this 21st day of December . , 1994 .
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ATTEST:
( ' I MAY 0
CLDuS
CITY CLERK111
1st reading 11/2/94
2nd reading 12/21/94
SWS:scf:6.Odisk7\utilityl.ord
FORM APPROVED
LEGAL DEPT.
By
Date 2. /d` —Qr
3
•
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. otS L !q
TO: Mayor Seymour Gelber and DATE: December 21, 1994
Members of the City Commission
FROM: Roger M. Carlton
City Manager
SUBJECT: AN ORDINANCE REPEALING MIAMI BEACH CITY CODE SECTION 25-37
ENTITLED "ELECTRICAL UTILITY-CHANGE OF DISTRIBUTION
FACILITIES"
ADMINISTRATION RECOMMENDATION:
The Administration recommends that the City Commission adopt the
attached ordinance repealing Miami Beach City Code Section 25-37
entitled "Electrical Utility-Change of Distribution Facilities".
BACKGROUND:
Section 25-37 of the City Code, which required utility companies to
be responsible for the customer conversion of service facilities, is
not applicable since utility companies must comply with the Public
Servic—Commission (PSC) tariff (attached) governing the conversion
of overhead distribution facilities to underground facilities which
became effective May, 1993 .
ANALYSIS:
Under the PSC tariff, whenever the City requests the conversion of
overhead distribution facilities to underground facilities, it is the
City's responsibility to ensure the modification of existing customer
service facilities.
A new ordinance (Agenda Item R-3-C) amending Chapter 39 of the City
Code establishes the process for ensuring that customer service
facilities will be modified to accomodate the underground projects.
CONCLUSION:
The Administration recommends that the City Commission adopt the
attached ordinance.
RMC:km
AGENDA ITEM �-3--�
DATE 12..-2- -9(-1
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