Resolution 1989 t `b
1110.0.10111101110
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RESOLUTION NO. 1989
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MIAMI BEACH, FLOR--
I DA, AS TO THE CANVASS OF THE RE-
TURNS OF A SPECIAL ELECTION HELD
MAY 7th, 1929.
WHEREAS, the City Council of the City of Miami Beech,
Florida, has heretofore passed and adopted Ordinance No.
272 and entitled "AN ORDINANCE AMENDING AND MODIFYING ORD I-
NAN CE NO. 260 ENTITLED "AN ORDINANCE GRANTING TO CHARLES E.
S T ARR AND D C, P. HO L ZDERB ER, THEIR HEIRS, LEGAL REPRE SENT A-
T I VE S AND ASSIGNS, THE RIGHT, PRIVILEGE, OR F RAN CH I SE FOR
THE FULL PERIOD OF THIRTY YEARS, TO CONSTRUCT, EQUIP, MAIN-
TAIN AND OPERATE A GAS PLANT AND WORKS, GAS HOLDERS, AND
ALL NECESSARY OR DESIRABLE APPURTENANCES FOR THE MANUFAC-
TURE AND/OR OR STORAGE OF GAS IN THE CITY OF MIAMI BEACH, FLOR-
IDA, AND TO CONSTRUCT, EQUIP, OPERATE AND MAINTAIN, IN, UN-
DER, UPO N, OVER AND ACROSS THE PRESENT AND FUTURE STAT S,
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 APPURTENANCE S FOR THE PURPOSE
OF CONVEYING, DISTRIBUTING, SUPPLYING AND SELLING GAS TO
SAID CITY AND ITS SUCCESSORS, THE INHABITANTS THEREOF,
FOR LIGHT, HEAT, POWER AND OTHER PURPC SES, IMPOSING PRO-
VISIONS AND CONDITIONS RELATING THERETO, AND INCLUDING AN
AGREEMENT BY GRANTEES TO INDEMNIFY AND HOLD THE SAID CITY,
HARMLESS AGAINST ANY AND ALL LIABILITY, DOSS, CO ST, DAMAGE
OR EXPENSE WHICH MAY OCCUR OR ACCRUE BY REASON OF THE NE-
GLECT DEFAULT, OR MISCONDUCT OF THE GRANTEES IN CONNECTION
WITH THE EXERCISE OF THEIR RIGHTSHEREUNDER," BY ELIMINAT-
ING FROM SAID ORDINANCE NO. 260, ANY REQUIREMENT S THEREUN-
DER, ON THE PART OF THE GRANTEES OF THE FRANCHISE THEREIN
GRANTED AND/OR THEIR ASSIGNS, TO CONSTRUCT, EQUIP, MAINTAIN
AND OPERATE THEIR GAS GENERAT I NG PLANT OR PLANTS, WORKS AND/
OR HOLDERS, AND ALL NECESSARY OR DESIRABLE APPURTENANCES FOR
THE MANUFACTURE AND/OR STORAGE OF GAS, IN WHOLE OR IN PART,
INSIDE OF THE CITY LIMITS OF THE CITY OF MIAMI BEACH, AND
PROVIDING THAT IT SHALL BE DEEMED AND HELD A FULL COMPLIANCE
BY THE GRANTEES AND/OR THEIR ASSIGNS, WITH THE TERMS OF SAID
ORDINANCE IN THAT REGARD AS THE SAID TF SMS ARE AMENDED AND
MODIFIED BY THIS ORDINANCE, IF THE SAID GENERATING PLANT OR
PLANTS, WORKS AND/OR HOLDERS, AND ALL NECESSARY OR DESIRABLE
APPURTENANCES ARE CONSTRUCTED, EQUIPPED, MAINTAINED AND OPER-
ATED IN DADE COUNTY, FLORIDA," and
WHEREAS, the said City Council has heretofore passed
and adopted Ordinance No. 273and entitled H AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA, CALL-
ING AN ELECTION FOR THE PURPOSE OF SUBMITTING TO THE QUALI-
FIED VOTERS OF SAID CITY FOR THEIR APPROVAL ORDINANCE NO.
272 OF SAID CITY, AND MAKING PROVISION RELATIVE TO THE HOLD-
ING OF SAID ELECTION," which said ordinance called a special
election to be held on May 7th, 1929, for the purpose of sub-
mitting question mentioned in said Ordinance No. 272 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 afore-
said election, which canvass was made solely, exclusively
and entirely from the returns of certificates of the in-
spectors and clerk, heretofore appointed to hold and con-
4
duct said election and this City Council, acting as a Can-
vassin . Board , has found that upon the question " Shall
Ordinance No. 272, adopted by the City Council of the Ciy
of Miami Beach, Florida, April Third (3rd) , 1929 , and en-
titled: "AN ORDINANCE AMENDIN1 AND MODIFYING ORDINANCE
NO. 260 ENTITLED "AN ORDINANCE GRANTING TO CHARLES E.
STARR AND O. P. HOLZDERBER, THEIR HEIRS, LEGAL REPRESENTA-
TIVES AND ASSIGNS, THE RIGHT , PRIVILVTE, OR FRANCHISE FOR
THE FULL PERIOD OF THIRTY YEARS, TO CONSTRUCT , NUN', MAIN-
TAIN AND OPERATE A GAS PLANS AND WORKS, GAS HOLDERS, AND
ALL NECESSARY OR DESIRABLE APPURTENANCES FOR THE MANUFAC-
TURE 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 SUPPLY PIPES TOGETHER
WITH ALL THE NECESSARY OR DESIRABLE APPURTENANCES FOR THE
PURPOSE OF CONVEYING, DISTRIBUTING, SUPPLYING AND SELLING
GAS TO SAID CITY AND ITS SUCCESSORS, THE INHABITANTS THERE-
OF, FOR LIGHT , HEAT, POWER AND OTHER PURPOSES, 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 CON-
NECTION WITH THE EXERCISE OF THEIR RIGHTS HEREUNDER," BY
ELIMINATING FROM SAID ORDINANCE NO. 260, ANY REQUIREMENTS
THEREUNDER, ON THE PART OF THE GRANTEES OF THE FRANCHISE
THEREIN GRANTED AND/OR THEIR ASSIGNS, TO CONSTRUCT, EQUIP,
MAINTAIN AND OPERATE THEIR GAS GENERATING PLANT. OR PLANTS,
WORKS AND/OR HOLDERS, AND ALL NECESSARY OR DESIRABLE AP-
PURTENANCES FOR THE MANUFACTURE AND/OR STORAGE OF GAS, IN
WHOLE OR IN PART , INSIDE OF THE CITY LIMITS OF THE CITY
OF MIAMI BEACH, AND PROVIDING THAT IT SHALL BE DEEMED AND
HELD A FULL COMPLIANCE BY THE GRANTEES AND/OR THEIR ASSIGNS,
WITH THE TERMS OF SAID ORDINANCE IN THAT REGARD AS THE SAID
TERMS ARE AMENDED AND MODIFIED BY THIS ORDINANCE, IF THE
SAID GENERATING PLANT OR PLANTS, WORKS AND/OR HOLDERS, AND
ALL NECESSARY OR DESIRABLE APPURTENANCES ARE CONSTRUCTED,
EQUIPPED, MAINTAINED AND OPERATED ANYWHERE IN DADE COUNTY,
FLORIDA." be apiproved and become a law?" , 157 votes were
cast of which 144 voters voted "Yes" and 12 voters voted
"No" , one ballot being blank, and that a majority of the
votes upon the aforesaid question was that said Ordinance
No. 272 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. 272 be approved and
become a law of the City of Miami Beach , Florida.
PASSED AND ADOPTED this 15th day of May , A. D. 1929.
Arr.ier :
Presidegt of City Council
ATTEST:
City Clerk
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