Ordinance 82-2294ORDINANCE NO. 82-2294
AN ORDINANCE GRANTING TO FLORIDA POWER & LIGHT
COMPANY, ITS SUCCESSORS AND ASSIGNS AN ELECTRIC
FRANCHISE, IMPOSING PROVISIONS AND CONDITIONS
RELATING THERETO, PROVIDING FOR MONTHLY PAY-
MENTS TO THE CITY OF MIAMI BEACH, AND PROVIDING
FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA:
SECTION 1:
There is hereby granted to Florida Power & Light Company (herein
called the "Grantee"), its sucessors and assigns, 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 in the City of Miami
Beach, Florida (herein called the "Grantor") and its successors, in
accordance with established practice with respect to electrical con-
struction and maintenance, for the period of 30 years from the date
of acceptance 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 elec-
tricity to the Grantor and its successors, and inhabitants thereof,
and persons and corporations beyond the limits thereof.
SECTION 2:
As a condition precedent to the taking effect of this grant, the
Grantee shall have filed its acceptance hereof with the Grantor's
Clerk by no later than January 22, 1982.
SECTION 3:
The facilities of the Grantee shall be so located or relocated and
so erected as to interfere as little as possible with traffic over
said streets, alleys, bridges and public places, and with reasonable
egress from and ingress to abutting property. The location or relo-
cation of all facilities shall be made under the supervision and
with the approval of such representatives as the governing body of
the Grantor may designate for the purpose, but not so as to unrea-
sonably interfere with the proper operation of the Grantee's faci-
lities and service. When any portion of a street is excavated by the
Grantee in the location or relocation of any of its facilities, the
portion of the street so excavated shall, within a reasonable time
and as early as practicable after such excavation, be replaced by
the Grantee at its expense and in a condition as good as it was at
the time of such excavation.
SECTION 4:
Grantor shall in no way be liable or responsible for any accident or
damage that may occur in the construction, operation or maintenance
by the Grantee of its facilities hereunder, and the acceptance of
this Ordinance shall be deemed an agreement on the part of the
Grantee to indemnify the Grantor and hold it harmless against any
and all liability, loss, cost, damage or expense which may accrue to
the Grantor by reason of the negligence, default or misconduct of
the Grantee in the construction, operation or maintenance of its
facilities hereunder.
OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
SECTION 5:
All rates and rules and regulations established by the Grantee from
time to time shall at all times be reasonable and the Grantee's
rates for electricity shall at all times be subject to such regula-
tion as may be provided by law.
SECTION 6:
No later than 60 days after the first anniversary date of this
grant, and no later than 60 days after each succeeding anniversary
date of this grant, the Grantee, its successors and assigns, shall
have paid to the Grantor and its successors an amount which added to
the amount of all taxes as assessed, levied, or imposed (without
regard to any discount for early payment or any interest or penalty
for late payment), licenses, and other impositions levied or imposed
by the Grantor upon the Grantee's electric property, business, or
operations, and those of the Grantee's electric subsidiaries for the
preceding tax year, will equal six percent of the Grantee's revenues
from the sale of electrical energy to residential, commercial and
industrial customers within the corporate limits of the Grantor for
the 12 fiscal months preceding the applicable anniversary date.
SECTION 7:
Payment of the amount to be paid to the Grantor by the Grantee under
the terms of Section 6 hereof shall be made in advance by estimated
monthly installments commencing 90 days after the effective date of
this grant. Each estimated monthly installment shall be calculated
on the basis of 90% of the Grantee's revenues (defined in Section 6)
for the monthly billing period ending 60 days prior to each sche-
duled monthly payment. The final installment for each fiscal year
of this grant shall be adjusted to reflect any underpayment or over-
payment resulting from estimated monthly installments made for said
fiscal year.
SECTION 8:
The Grantor may at its option, upon reasonable notice to the
Grantee, at any time within 90 days after the close of each fiscal
year of this grant, at the sole expense of Grantor, examine the
books of Grantee as such books relate to the calculation of the
franchise payment to the Grantor. Such examination of Grantee's
books and records shall be during Grantee's regular business hours
and at the General Office of the Grantee.
SECTION 9:
As a further consideration of this franchise, the Grantor agrees not
to engage in the business of distributing and selling electricity
during the life of this franchise or any extension thereof in com-
petition with the Grantee, its successors and assigns.
SECTION 10:
Failure on the part of the Grantee to comply in any substantial res-
pect with any of the provisions of this Ordinance shall be grounds
for forfeiture of this grant, but no such forfeiture shall take
effect if the reasonableness or propriety thereof is protested by
the Grantee until a court of competent jurisdiction (with right of
appeal in either party) shall have found that the Grantee has failed
to comply in a substantial respect with any of the provisions of
this franchise, and the Grantee shall have six months after the
final determination of the question to make good the default before
-2-
OFFICE OF THE CITY ATTORNEY • 1700 CONVENTION CENTER DRIVE - MIAMI BEACH. FLORIDA 33139
a forfeiture shall result with the right in the Grantor at its dis-
cretion to grant such additional time to the Grantee for compliance
as necessities in the case require.
SECTION 11:
Grantor acknowledges it is fully informed concerning the existing
franchise granted by Dade County, Florida to the Grantee herein, and
accepted by the Grantee, as set out in Ordinance No. 60-16 adopted
on May 3, 1960 by the Board of County Commisioners of Dade County,
Florida. Grantor agrees to indemnify and hold Grantee harmless
against any and all liability, loss, cost, damage and expense
incurred by Grantee in respect to any lawful claim asserted by Dade
County against Grantee arising out of the franchise set out in said
Ordinance No. 60-16 for recovery of any sum of money paid by Grantee
to Grantor under the terms of this subsequent franchise agreement.
Grantee agrees to provide Grantor with notice of all payments made
to Dade County in respect to any such claim asserted by Dade County.
Both Grantor and Grantee have relied on Resolution No. R-709-78 of
the Board of County Commissioners of Metropolitan Dade County,
Florida in granting and accepting the aforesaid franchise.
SECTION 12:
SEVERABILITY. If any section, sub -section, sentence, clause, phrase
or portion of this Ordinance is, for any reason, held invalid or
unconstitutional by any court of competent jurisdiction, such por-
tion shall be deemed a separate, distinct and independent provision
and such holding shall not affect the validity of the remaining por-
tion of this Ordinance.
SECTION 13:
REPEALER. All ordinances and parts of ordinances in conflict
herewith are hereby repealed.
SECTION 14:
EFFECTIVE DATE.
This Ordinance shall take effect on January 22, 1982 and upon the
filing of Grantee's acceptance as provided in Section 2 hereof.
PASSED and ADOPTED this 20th day of January , 1982.
ATTEST:
City Clerk
1st Reading - January 6, 1982
2nd Reading - January 20, 1982 (as amended)
MLB/mp
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Mayor
FORM APPROVE.
LEGAL DEPT.
By. (e7,
Zc.11��
Date.
OFFICE OF THE CITY ATTORNEY • 1700 CONVENTION CENTER DRIVE - MIAMI BEACH. FLORIDA 33139
ACCEPTANCE OF ELECTRIC FRANCHISE
ORDINANCE NO. 82-2294
BY FLORIDA POWER & LIGHT COMPANY
City of Miami Beach
Miami Beach, Florida January 22, 1982
Florida Power & Light Company does hereby accept the electric franchise in the
City of Miami Beach, Florida, granted by Ordinance No. 82-2294, being:
"AN ORDINANCE GRANTING TO FLORIDA POWER & LIGHT
COMPANY, ITS SUCCESSORS AND ASSIGNS AN ELECTRIC
FRANCHISE, IMPOSING PROVISIONS AND CONDITIONS RELATING
THERETO, PROVIDING FOR MONTHLY PAYMENTS TO THE CITY
OF MIAMI BEACH, AND PROVIDING FOR AN EFFECTIVE DATE."
which was passed and adopted on January 20, 1982.
By this acceptance we again affirm the understanding that under the franchise
ordinance Miami Beach may generate electricity and may sell such electricity at
wholesale to anyone or at retail to anyone outside of its corporate limits, but may not sell
electricity from any source at retail within its corporate limits.
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.
ATTEST:
(744
ecrftary 1
FLORIDA POWER & LIGHT COMPANY
SIM IIIIM'
I HEREBY ACKNOWLEDGE receipt of the above Acceptance of Electric
Franchise Ordinance No. 82-2294 by Florida Power (Sc Light Company, and certify that I
have filed the same for record in the permanent files and records of the City of Miami
Beach, Florida on this 22nd day of January, 1982.
APPROVED
LEGAL DEPT.
;'•� �%• f acv o
llt
Date / - 2 2-42
City Clerk of the City of
Miami Beach, Florida
ALl
FLORIDAteet# neaege &Ad
3 3 1 3 9
ELAINE MATTHEWS
CITY CLERK
January 21, 1982
"VACATIONLAND U. S. A.
Mr. Paul Kalv
Miami Beach District Manager
Florida Power f, Light Company
420 Lincoln Road
Miami Beach, Florida
Dear Mr. Kalv:
CITY HALL
1700 Convention Center Drive
TELEPHONE: 673-7411
Attached are three certified copies of Ordinance No. 80-2294,
adopted by the Miami Beach City Commission on January 20, 1982,
granting to Florida Power Light Company, its successors and
assigns an electric franchise and imposing provisions and
conditions relating thereto.
Section 2 of the franchise ordinance requires the filing of an
acceptance with me by January 22, 1982, which Acceptance will
then be filed with the original ordinance and all copies thereof.
Att.() - s z
Yo�Jurrs truly,
-7-(4464Aj2)
Elaine Matthews
City Clerk
cc. Mr. Harold T. Toal, City Manager
Mr. John Ritter, City Attorney
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