O-218-51 ORDINANCE NO. 218
AN ORDINANCE GRANTING TO FLORIDA POWER &
LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS,
AN ELECTRIC FRANCHISE, AND IMPOSING PRO-
VISIONS AND CONDITIONS RELATING THERETO.
BE IT ORDAINED BY MAIMI SHORES VILLAGE, FLORIDA:
Sectio3� I. That there is hereby granted to Florida Power & Light
Company (herein called the- "Grantee"), its successors 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 of Miami Shores Village, Florida, (herein
called the "Grantor") and its successors, in accordance with established practice
with respect to electrical construction and maintenance, for the period of thirty
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 electricity to Grantor,
and its successors, the inhabitants thereo f, and persons and corporations beyond
the limits thereof.
Section II. That Grantor hereby reserves the right at and after the
expiration of this grant to purchase the property of Grantee used under this grant,
as provided by the Laws of Florida, in effect at the time of Grantee's acceptance
hereof, including Section 167. 22 of the Florida Statutes 1949, and as a condition
precedent to the taking effect of this grant, Grantee shall give and grant to the
Grantor the right to purchase so reserved. Grantee shall be deemed to have given
and granted such right of purchase by its acceptance hereof, which shall be filed
with the Grantor's clerk within thirty (30) days after this ordinance takes effect.
Section III. That the facilities 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 relocation-of all facilities shall be made
under the supervision and with the approval of such representatives as the
governing body of Grantor may designate for the purpose, but not so as unreason-
ably to interfere with the proper operation of Grantee's facilities and service.
That when any portion of a street is excavated by Grantee in the location or re-
location 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 as good condition as it was at the time of
such excavation.
Section IV. That Grantor shall in no way be liable or responsible
for any accident or damage that may occur in the construction, operation or
maintenance by Grantee of its facilities hereunder, and the acceptance of this
ordinance shall be deemed an agreement on the part of Grantee, to indemnify
Grantor and hold it harmless against any and all liability, loss, cost, damage or
expense, which may accrue to Grantor by reason of the neglect, default, or mis-
conduct of Grantee in the construction, operation or maintenance of its facilities
hereunder.
Section V. That all rates and rules and regulations established
by Grantee from time to time shall at all times be reasonable and Grantee's
rates for electricity shall at all times be subject to such regulation as may be
provided by law.
Section VI. That within thirty days after the first anniversary
date of this grant and within thirty days after each succeeding anniversary date
of this grant, the Grantee, its successors and as-signs, shall pay to the Grantor
and its successors an amount which added to the amount of all taxes, licenses,
and other impositions levied or imposed by the Grantor upon the Grantee's
property, business, or operations, and those of Grantee's subsidiaries for the
preceding tax year, will equal 6% of Grantee's revenues from the sale of electrical
energy to residential and commercial customers within the corporate limits of
the Grantor for the twelve fiscal months preceding the applicable anniversary
date.
Section VIL As a further consideration of this franchise, said
Grantor agrees not to engage in the business of distributing and selling electricity
during the life of this franchise or any extension thereof in competition with the
Grantee, its successors and assigns.
Section VIII. That failure on the part of Grantee to comply in
any substantial respect with any of the provisions of this ordinance, shall be
grounds for a forfeiture of this grant, but no such forfeiture shall take effect
if the reasonableness or propriety thereof is p;,Mwoted by Grantee until a court
of competent jurisdiction (with right of appeal ix *#her party) shall have found
that Grantee has failed to comply in a substantial respect with any of the
provisions of this franchise, and the Grantee shall have six (6) months after
the final determination of the question, to make good the default before a
forfeiture shall result with the right in Grantor at its discretion to grant such
additional time to Grantee for compliance as necessities in the case require.
Section EK. This ordinance shall take effect June 1, 1951.
Section X. That all ordinances and parts of ordinances in con-
flict herewith be and the same are hereby repealed.
PASSED AND ADOPTED this 15th - day of May, 1951.
Mar
ATTEST:
V ��anago
i lage gdr and Ckrk
-3-
ACCEPTANCE OF MIA)a SHORESYnLAGi
1L=-RIC nANMIS1jQP-D-W-Cj NO, 218
JMn0 1,9 1951
Nd and Shores Village
Miami Shores$, Florida
The Florida Power & Light Ompany does hereby accept
Ordinance No. 218,1 it being:
*AN ORDINANCE GRANTING TO FLORIDA POWER &
LIGHT CONFANr., ITS SUCCESSORS AND ASSIGNS.,
AN XLECTRIC FRANCHISEs, AND IMPOSING PRO-
VISIONS AND CONDITIONS RELATING THKMTO.%
This instrument is filed with the Village Clerk of miazi
Shores Village, Florida, in accordance with the provisions of Section II
of said Ordinance.
PWRIDi POWER & LI
Vice President—
Fe kl4iock, Ai(xiotant Secretary
I hereby acknowledge receipt of the above Acceptance by the
Florida Power & Light Company of Ordinance No. 218,, it being:
*AN ORDINANCE GRANTING TO FLORIDA POWER &
LIGHT 004PANr., ITS SUCCESSORS AND ASSIGNSs,
AN ELMTRIC FRANCHISE., AND DIPOSING PRO-
VISIONS AND CONDITIONS REL THEMO.,
and certify that I have filed the same for record in the permanent files
and records of Miaml Shores Village., Florida,, this "Y of
imne 1"I.
VDUP Cze rk