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RESOLUTION NO. 1879
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF MIAMI BEACH, FLORIDA,
AS TO THE CANVASS OF THE RETURNS OF
A SPECIAL ELECTION HELD DECEMBER
11th, 1928.
WHEREAS, the City Council of the City of Miami Beach,
Florida, has heretofore passed and adopted Ordinance No.
260 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 PER-
IOD OF THIRTY YEARS, TO CONSTRUCT, EQUIP, MAINTAIN AND OPER-
ATE A GAS PLANT AND WORKS, GAS HOLDERS, AND ALL NECESSARY 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 PUBLIC WAYS IN THE CITY OF
MIAMI BEACH, FLORIDA, AND ITS SUCCESSORS, GAS MAINS AND SUP-
PLY PIPES TOGETHER WITH ALL THE NECESSARY OR DESIRABLE AP-
PURTENANCES FOR THE PURPOSE OF CONVEYING, DISTRIBUTING, SUP--
PLYING AND SELLING GAS TO SAID CITY AND ITS SUCCESSORS_, THE
INHABITANTS THEREOF, FOR LIGHT, HEAT, POWER AND OTHER PUR-
POSES, IMPOSING PROVISIONS AND 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 MAY OCCUR OR ACCRUE BY REASON
OF THE NEGLECT, DEFAULT, OR MISCONDUCT OF THE GRANTEES IN
CONNECTION WITH THE EXERCISE OF THEIR RIGHTS HEREUNDER."
and
WHEREAS, the said City Council has heretofore passed
and adopted Ordinance No. 265 entitled "AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA, CALLING
AN ELECTION FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED
VOTERS OF SAID CITY FOR THEIR APPROVAL ORDINANCE NO. 260 OF
SAID CITY, AND MAKING PROVISION RELATIVE TO THE HOLDING OF
SAID ELECTION. " which said ordinance called a special elec-
tion to be held on December lith, 1928 , for the purpose of
submitting question mentioned in said Ordinance No. 260,
to the duly registered and qualified voters of said City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF MIAMI BEACH, FLORIDA, that said City Council has
this day publicly canvassed the returns of the aforesaid
election, which canvass was made solely, exclusively and en-
tirely from the returns of certificates of the inspectors
and clerk, heretofore appointed to hold and conduct said
election and this City Council, acting as a Canvassing Board,
has found that upon the question " Shall Ordinance No. 260,
adopted by the City Council of the City of Miami Beach,
Florida, November 7, 1928, and entitled "AN ORDINANCE GRANT-
ING TO CHARLES E. STARR AND C. P. HOLZDERBER, THEIR HEIRS,
LEGAL REPRESENTATIVES AND ASSIGNS, THE RIGHT, PRIVILEGE, OR
sv:
FRANCHISE FOR
THE FULL PERIOD OF THIRTY YEARS, TO CONSTRUCT,
EQUIP, MAINTAIN AND OPERATE A GAS PLANT AND WORKS, GAS HOLD-
ERS, AND ALL NECESSARY OR DESIRABLE APPURTENANCES FOR THE
MANUFACTURE AND/OR STORAGE OF GAS IN THE CITY OF MIAMI BEACH,
CONSTRUCT , EQUIP, OPERATE AND MAINTAIN, IN,
FLORIDA, AND TO � , ,� .�
UNDER, UPON, OVER AND ACROSS THE PRESENT AND FUTURE STREETS,
AVENUES, ALLEYS, HIGHWAYS, BRIDGES, EASEMENTS, AND OTHER
PUBLIC WAYS IN THE CITY OF MIAMI BEACH, FLORIDA, AND ITS
SUCCESSORS, GAS MAINS AND SUPPLY PIPES TOGETHER WITH ALL THE
NECESSARY OR DESIRABLE APPURTENANCES FOR THE PURPOSE OF CON-
VEYING DISTRIBUTING, SUPPLYING AND SELLING GAS TO SAID CITY
AND ITS SUCCESSORS, THE
INHABITANTS THEREOF, FORLIGHT, HEAT ,
P ER AND OTHER PUPOSES, IMPOSING PROVISIONS AND CONDITIONS
RELATING THERETO, AND INCLUDING AN AGREEMENT BY GRANTEES TO
INDEMNIFY AND HOLD THE SAID CITY, HARULESS 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?" ,
votes were cast of which lei voters voted "Yes" and
voters voted "No" , and that a majority of the votes upon the
aforesaidq uestion was that said Ordinance No. 260 be approved
and become a law and said City Council does hereby declare the
result of said election upon said question to be that said
Ordinance No. 260 be approved and become a law of the City of
Miami Beach, Florida.
PASSED AND ADOPTED this 12th day of December , A. D. ,
1928.
, /6/
--President of City Council
AT T E ST:
City Clerk
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