Ordinance 204 'fl
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Ordinance i3o: L04
AN ORDINANCE GRANTING TO S. R. INCH, HIS HEIRS, LEGAL REPRE-
SENTa.TIVES AND ASSIGNS, THE RIGHT, PRIVILEGE, OR FRAN-
CHISE FOR THE PERIOD OF, THIRTY YEARS, TO CONSTRUCT,
MAINTAIN AND OPERATE IN, UNDER, UPON AND ACROSS THE
PRESENT AND FUTURE STREETS, AVENUES, ALLEYS, HIGH-
VuAYS, BRIDGES, EASEMENTS AND OTHER PUBLIC PLACES
IN THE CITY OF MIAMI BEACH' FLORIDA, AND ITS
SUCCESSORS, ELECTRIC LIGHT AND POWER LINES,
TOGETHER WITH ALL THE NECESSARY OR DESIRA-
BLE APPURTENANCES,FOR. THE PURPOSE OF SUP-
PLYING ELECTRICITY TO SAID CITY,AND ITS
SUCCESSORS,THE INHABITANTS THEREOF,AND
TO PERSONS AND C OR P OR AT I ONS BEYOND
THE LIMITS THEREOF,FOR LIGHT, HEAT,
POWER AND OTHER PURPOSES,AND IM-
POSING PR OV IS IONS AND CONDI-
TIONS
ONDI-TIONS REL .TING THERETO: -
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH,
F LOR IDA; -
Section 1: That there is hereby granted to S. R. INCH,
his heirs , legal representatives and assigns (herein called
the Grantee ) , the right, privilege or franchise for the full
period of thirty (30) years from the effective date hereof, to
construct , maintain and operate in, under, upon and across the
present and future streets, avenues , alleys , highways, bridges,
easements , and other public places in the City of Miami Beach,
Florida, and its successors, electric light and power lines,
together with all the necessary or desirable appurtenances (in-
cluding underground c onaui is , poles , towers , wires and trans-
mission
rans-mission lines and telephone and telegraph lines for his own use )
for the purpose of supplying electricity to said City, and its
successors, the inhabitants thereof, and persons and corpora-
tions beyond the limits thereof, for light, heat, power and
other purposes . This grant is made in consideration of the con-
struction, maintenance and operation of the electric light and
power lines by the Grantee herein provided for, and for the ben-
efits and conveniences to the inhabitants of said City as a
result thereof .
Section 11: That as a condition precedent to the granting
of this franchise said City shall have the right,upon the expi-
ration of this franchise, to purchase the property of the
Grantee located within the corporate limits of the City of Miami
Beach as provided by the Statutes of Florida in effect at the
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time of Grantee t s acceptance hereof, including Section 1844 of the
Revised General Statutes of Florida of 1920,
Section 111: That poles and to-viers shall be so located or re-
located and so erected as to interfere as little as possible with
traffic over said streets , avenues, alleys, highways , bridges and
public places, and with reasonable egress from and ingress to
abutting property. The location or relocation of all poles, towers
and conduits shall be made under the supervision and with the ap-
proval of the Gity Council of the City of Miami Beach, but not so
as unreasonably to interfere with the proper operation of Grantee ' s
lines and service . Poles and other equipment abandoned for a
period of three months, or which are no longer required for the
rendering of service by Grantee hereunder, shall be removed upon
request of the City Council,
Section IV : That except as in Section V provided, the City
shall in no way be liable or responsible for any accident or dam-
age that may occur in the construction, operation or maintenance
by the Grantee of his lines and appurtenances hereunder, and the
acceptance of this franchise shall be deemed an agreement on the
part of said Grantee, to indemnify said City and hold it harmless
against any and all liability, loss, cost, damage or expense which
may accrue to said City by reason of the neglect, default or mis-
conduct of the Grantee in the construction, operation or mainte-
nance of his lines and appurtenances hereunder.
Section V: That Grantee agrees (a ) to furnish or cause to be
furnished at a point of delivery on Grantee 's system and free of
charge to the City, such amount of alternating current electric
energy at Grc.nteets established voltage and frequency, as may be re
quired by said City for charging the storage batteries of said City
fire alarm and police alarm systems, and (b ) to give the City,with-
out rental cost to it, the ' right to occupy the poles of Grantee for
the purpose of: attaching thereto, and maintaining and operating
thereon,the wires and fixtures necessary for the operation of its
fire alarm and police alarm systems, provided that the
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City shall install, maintain and operate the same in such man.
ner as not to interfere with the use, operation and maintenance
by Grantee of Grantee 's facilities . In consideration whereof,
the City assumes full liability and responsibility for its use
and occupancy of Grantee 's poles and y or the construction, oper-
ation and maintenance of said fire alarm and police alarm sys-
tems, and agrees to indemnify and save said Grantee harmless from
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and against any and all liability, loss , cost, damage or expense
arising directly or indirectly out of said City' s use and occu-
pancy of Grantee 's poles as herein provided.
Section VI : That all lines constructed under this grant
shall be constructed and maintained in accordance with established
practice with respect to electrical construction and maintenance .
Section Vll o That, subject to the provisions in. Section
IX hereof, rates to be charged for electric energy hereunder shall
include
(a) For Lighting`
15/ per Kuhr, for the first 20 Kwhrs . of monthly c onsumIJicn.
10;1' 4Y PP PP v9 next 30 s� 49 9P t9
9 Y9 Y9 41 9P iP
50 A PP f9 ?Y
7� 9P 9Y 99 Pr pP 2 000 YY �� '► YP
�� 4! 4P RP PP YY 2 1 000
Y4 PP 9i pp -,
all offer 50OUO tY iP PP 4Y
Five percent (5/, ) discount will be allowed on the above
schedule when bills are paid on or before ten (10) days from date
of bill, provided no previous bill or bills remain unpaid, and
the minimum monthly charge for residential lighting shall not ex-
ceed $1. 50 net .
(b ) For, Industrial Power;
A slice-ing scale block rate witn a maximum energy charge
not to exceed seven (7) cents net per kilowatt hour for the first
block of monthly consumption, with lower charges for additional
consumption, and providing for reasonable minimum charges .
(c ) For Heating; and Cooking
Not to exceed rive (5) cents net per kilowatt hour, and
providing for reasonable minimum charges .
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Provided, however, that nothing herein contained shall prohib-
it grantee from reducing any or a11. of the above rates, nor from
offering optional alternate rates from time to time or at any time .
Section V111 • That, under terms and conditions to be mutually
agreed upon, Grantee gill enter, into a contract for lighting the
City Streets for ten (10) years, or longer, at rates not to exceed
the f ollowing :
For - 32 Candlepower lamps at the rate of $1.25 per li ht
Tr g per month
- 60 Pt !t t� it H it 65 Pt Pt It It
P/ - so 4! 9P fP tt DI 0D 2 .20
}} PD QP Dt
9t r- 1OO qP q7 i? 9P P! P1 Pt PP TT P9
2.65
Section 1X: That Grantee agrees to mage promptly such ex-
tensions to his existing facilities as may be required by one or
more customers, or prospective customers, provided, that if the --
revenues to be derived therefrom shall not afford a fair and rea-
sonable
ea-sonable return on the cost of providing* and rendering the required
service, then Grantee shall be permitted to, and is hereby author-
ized to, exact from such customer or customers such cash advances
or make with such customer or customers such ai�rangements as to
cash advances, minimum guarantees, service guarantees and/or
other arrangements, as will enable Grantee to earn a fair and reason-
able return on the cost of providing and rendering the required ser-
vice .
er-vice .
Section X' That said City agrees to pass all ordinances neces -
Bary or suitable, both for the protection of the rights and proper-
ty of said Grantee, and to enable said Grantee to enforce any of
said Grantee 's reasonable rules and regulations for the management,
operation and control of the service hereunder, and to pass any
ordinance or ordinances that may be necessary or suitable in order
to fully confirm to said Grantee the rights herein or hereby
granted or intended so to be.
Section Xl : That ti:hen any portion of a street is excavated by
Grantee in the location or re-location of any of its conduits ,
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Poles , towers , wires and transmission lines, or when said Grantee
shall damage any street cr lighting apparatus or other property
of the City of Miami Beach, the Street, lighting apparatus or
other property shall, within a reasonable time and as early as
practicable after such excavation or damage, be replaced in as
good condition as it was at the time of such excavation or damage .
Section X11 ; That failure on the part of Grantee to comply
with any of the provisions of this franchise, or ,,lith any lawful
order affecting in any way the operations of the Grantee hereunder,
shall not work a forefeiture of this franchise until such order,
resolution or ordinance shall have been shown to have been rea-
sonable in all its requirements by some court or courts of compe-
tent jurisdiction, or if appealed, by some appellate court or
courts, or until it shall have been found by some court or courts
of competent jurisdiction, or if appealed, by some appellate court
or courts, that said Grantee has failed to comply with the pro-
visions of this franchise, and upon the entry of an order or decree
of -ny court of competent jurisdiction, or if appealed, upon the
entry of an order or decree by such appellate court or courts,
then the Grantee shall have six months after such entry to comply
with such decree before working a fol, feiture, and the City
Council may at its discretion grant such additional time to the
Grantee for compliance with thy; court ' s decree as necessitioe
in the case require.
Section Xlll : That the Grantee is hereby given the right
and authority to make assignments of this franchise and the rights
thereunder. A copy of any such assignment shall thereupon
be deposited in the office of the City Clerk of Miami Beach,
Section X1V : That this ordinance shall take effect as soon
as it shall have be(n duly adopted as required by law and accepted
as required herein,
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Section XV : That the Grantee shall file his written accep-
tance of this franchise with the City Clerk of the City of Miami
Beach, within thirty (30 1 days a.-['ter it shall have boon duly
^dopted.
Section XV1 : That simultaneously With the Granteots accep-
tance of this franchise;, said_ Grantee shall surrender to said
City of Miami Beach, all of his right, title and interest in and
to that certain franchise adopted by tho City Council March
18, 1919, and granted to Carl G. Fisher, C . R. Cummins, Arthur
C. Newby, J. H. TvleDuffee and George R. Kline, their successors,
heirs, legal representatives and assigns, and known as Ordinance
No.117, and the said City of Miami Beach shall thereupon
accept said surrender upon its tender to said City, and imme-
diately therenn said fr�:nchise, known as Ordinance No.117, shall bo
null and void.
Section XV11: That (all ordinances, and parts of ordinances,
in conflict herewith (particularly that certain ordinance known
as Nc.117 ) be and tho same are hereby repealed.
Passed and Adopted this 9th day o:i April, A. D, 1924
res i ent of City Council.
ATTEST:
City Clerk. '�Z
Approved this day of Aril A. D. 1924
April 9 *
May or---=.:
Passed first and Second Readings March 28, 1924.
it Third Reading April 9,1924.
Posted [S TL 1gX+.
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