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O-67-37 Q 71V, ORDINANCE N0, AN ORDINANCE TO BE ENTITLED: "AN ORDI- NANCE TO PROVIDE FOR THE. ESTABLISHMENT, CONSTRUCTION, LAYING, OPERATION AND MAINTENANCE OF A FUEL GAS LINE THROUGH THE PUBLIC STREETS AND HIGHWAYS OF MIAMI SHORES VILLAGE, DADE COUNTY, FLORIDA, AND IMPOSING PROVISIONS AND CONDITIONS RELATING THERETO, INCLUDING AN AGREEMENT BY THE GRANTEE TO SAVE THE SAID CITY HARMLESS FROM ANY DAMAGES THAT MIGHT BE SUSTAINED ON ACCOUNT OF THE NEGLIGENCE OF THE GRANTEE DURING THE CONSTRUCTION OF SUCH PIPE LINEA BE IT ORDAINED BY MIAMI SHORES VILLAGE: Section 1. That consent, permission and authority of Miami Shores Village, Dade County, Florida, (hereinafter referr- ed to as the Grantor) be and it is hereby given and granted unto PEOPLES WATER AND GAS COMPANY, a corporation organized and existing under the laws of the State of Delaware and authorized to do busi- ness in the State of Florida, and its successors and assigns, (here- inafter referred to as the Grantee) to establish, construct, lay, op- erate and maintain (and to repair or replace) a six inch pipe for the transmission of fuel gas into and through the Grantor and to use the following described streets, avenues, alleys, squares, sidewalks and public grounds of said Grantor for the purpose of establishing, con- structing, laying, operating and maintaining (and repairing or re- placing) such pipe line, not exceeding six inches in diameter, in, through, along and under the following described streets, avenues, and alleys, in the said Grantor, the route of said line being. des- cribed as follows, towit: Beginning at the intersection of the north limits of Miami Shores and N. E. 6th Avenue, and running southward in N. E. 6th Avenue to N, E. 95th Street; thence eastward in N. E. 95th Street to N. E. 10th Avenue; thence south- ward in N. E. 10th Avenue to its intersection with the south limits of Miami Shores at N. E. 91st Terrace; and to do all things necessary or incident to the establishment, con- struction, laying, operation and maintenance (and repairing or replao- ing same) of said pipe line for the purpose of inter-connecting the Grantee' s manufacturing plant at North Miami Beach, Dade County, Flor- r Ida, with its distribution system serving the City of Miami Beach, via the 79th Street Causeway, and to make all necessary excavations in and upon the aforesaid streets, avenues, and alleys, of the said Grantor, for the purpose of establishing, constructing, laying, oper— ating and maintaining (and repairing or replacing same), such pipe. The said Grantee, after the completion of any of said work or repairs, at any time, shall restore and leave the said streets, avenues and alleys in as good condition as they were before such excavations were made and shall keep red lights on ditches and trenches left open at night and danger signals on ditches and trenches left open during the day; and the said Grantee, its successors and assigns, and not the Grantor, shall be responsible for any and all damages sustained by any person, in person or to property, caused by the negligence or other tort of the Grantee, during or after the course or completion of such excavations; and said Grantee shall give a good and sufficient surety bond to the Grantor, in the sum of $5sOOO.00, conditioned to hold and save harmless the,Grantor from any damages that may be sus— tained on account of the negligence or tort of the Grantee during the construction of such pipe line. Section 2. That the Grantee shall have the pipe line re— ferred to in Section 1 hereof completed on or before December 31, 1937; provided, however, that, if work on said project is suspended or delayed by reason of strikes or by any ordinance or regulations enacted or promulgated by the Grantor or by any other governmental authority or by any other cause beyond the control of the Grantee, then the time for the completion of the said work shall be extended for a time equal to the time such work is so suspended or delayed. Section 3. That, upon the filing by the Grantee with the Clerk of the Grantor of a plat showing the proposed location of the Pipe line in the streets, avenues and alleys, through which the said pipe- line is to be constructed and the filing by the Grantee of the bond provided for in Section 1 hereof, and upon approval of said plat and bond by Grantor, the said Grantee may at any time, at its option, commence the construction of the pipe line referred to in Section 1 Of this ordinance. 2 Section 4. That the Grantee, as work progresses upon said pipe line provided for in Section 1 of this ordinance, also before or after completion, immediately after any explosion, acci- dent or damage at any time, agrees that it will promptly replace and repair and keep the portions of streets damaged by the instal- lation of the mains, pipes, supply pipes, conductors and conduits in as good condition as they were at the commencement of the laying of said pipe line, which replacements and repairs shall be made in a manner satisfactory to the engineer of the grantor, or to some person occupying a similar position. Section 5. That Grantee, upon demand, shall furnish to inhabitants of Grantor gas service upon at least .as favorable conditions and rates as made available from time to time to the most favored community or municipality within the territory from time to time served by the Grantee. Section 6. The Grantee shall evidence its acceptance of this ordinance by commencing the pipe line described in Section 1 hereof. Section ?. That the rights and privileges herein and hereby granted to said Grantee, its successors and assigns, shall be in force from the date of the passage of this ordinance for the term of thirty years, subject to revocation or forfeiture for any breach of Grantee' s agreement, and the Grantor does hereby reserve the right, and by the acceptance of this ordinance as hereinbefore provided, the grantee consents, that at and after the expiration of said thirty years, the Grantor may purchase the property of the Grantee used under or in . connection with this ordinance, franchise or right, or such part of such property as the Grantor may desire to purchase at a valuation of the property, real and personal, desired, which valuation shall be fixed by arbitration or otherwise, as may be provided by law. Section 8. The consent, permission and authority here- in granted by Grantor unto said Grantee shall in nowise and under no circumstances be construed to be or be an exclusive consent, permis- 3 Sion, authority, franchise, grant or otherwise, the said grantee expressly retaining the right and privilege to grant similar permis- sion, authority, grant or franchise to any other person, natural or corporate, at any time it shall so desire. .Section 9. That in the event Grantee, its successors or assigns, abandons the said pipe line herein described, or fails to use the same in the ordinary course of its business, continuously for a period of three months, the consent, permission and authority herein granted shall thereupon be forfeited and become void. •Section 10. This ozdinanee shall be effective and become a law, without posting or publioation, immediately after its pas- sage. Section 11. This ordinance was passed and adopted by the unanimous consent of the Council of Miami Shores Village at a regu- larCmeeting of the Oouncil, held in Miami Shores Village on the a day of 1937. PASSED AND ADOPTED the day of ATTEST: VILLAGE 4 f I HEREBY CERTIFY that the foregoing ordinance, after its passage and adoption, was, on the day of 1937, posted at the door of the offices of the Miami Shores Village and remained so posted at the door of the offices of said Village for ten days. WITNESS my hand and the seal of Miami Shores Village, this day of 1937. VILLAGE CLERK.