O-416-80 (2) ORDINANCE NO. 416-80
AN ORDINANCE GRANTING TO FLORIDA POWER & LIGHT
COMPANY, ITS SUCCESSORS AND ASSIGNS AN ELECTRIC
FRANCHISE, IMPOSING PROVISIONS AND CONDITIONS
RELATING THERETO, AND PROVIDING FOR MONTHLY
PAYMENTS TO THE VILLAGE.
BE IT ORDAINED BY MIAMI SHORES VILLAGE:
Section 1. 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 in 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 (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
electricity to 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, Grantee shall have filed its acceptance hereof with
the Grantor's Clerk within thirty (30) days hereof.
Section 3. 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 repre-
sentatives as the governing body of Grantor may designate for the
purpose, but not so as unreasonably 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
relocation of any of its facilities, the portion of the street so
excavated shall, within a reasonable time and as early as prac-
ticable 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. Grantee's obligations with respect to replacement of
streets as set forth above shall continue whether or not Grantee
is notified by Grantor in any specific case.
Section 4. That Grantor shall in no way be liable or res-
ponsible for any accident or damage that may occur in the cons-
truction, operation or maintenance by Grantee of its facilities
hereunder, and the acceptance of this ordinance shall be deemed
an agreement on the part of the 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 misconduct of Grantee in the construction,
operation or maintenance of its facilities hereunder.
Section 5. That all rates and rules and regulations estab-
lished by Grantee from time to time shall at all times be reason-
able and Grantee's rates for electricity shall at all times be
subject to such regulation as may be provided by law.
Section 6. That no later than sixty days after the first
anniversary date of this grant and no later than sixty 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 Grantee's electric subsidiaries for the preceding
tax year, will equal 6% of Grantee' s revenues from the sale of
electrical energy to residential, commercial and industrial
customers within the corporate limits of the Grantor for the
twelve (12) fiscal months preceding the applicable anniversary
date.
Section 7. Payment of the amount to be paid to Grantor by
Grantee under the terms of Section 6 hereof shall be made in
advance by estimated monthly installments commencing ninety (90)
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days after the effective date of this grant. Each estimated
monthly installment shall be calculated on the basis of ninety
percent (90%) of Grantee's revenues (as defined in Section 6) for
the monthly billing period ending sixty (60) days prior to each
scheduled monthly payment. The final installment for each fiscal
year of this grant shall be adjusted to reflect any underpayment
or overpayment resulting from estimated monthly installments made
for said fiscal year.
Section 8. 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 9. That failure on the part of Grantee to comply in
any substantial respect with any of the provisions of this ordi-
nance, shall be grounds for a forfeiture of this grant, but no
such forfeiture shall take effect if the reasonableness or pro-
priety thereof is protested by Grantee until a court of competent
jurisdiction (with right of appeal in either 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 10. Grantor acknowledges it is fully informed con-
cerning 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 Commissioners 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 claim asserted by Dade County against Grantee
arising out of the franchise set out in said ordinance No. 60-16
for recovery of any sums of money paid by Grantee to Grantor
under the terms of this subsequent franchise agreement.
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Section 11. Should any section or provision of this ordinance
or any portion hereof be declared by a court of competent juris-
diction to be invalid, such decision shall not affect the validity
of the remainder hereof as a whole or any part hereof, other than
the part declared to be invalid.
Section 12. That all ordinances and parts of ordinances in
conflict herewith be and the same are hereby repealed.
Section 13. This ordinance shall take effect on the date
upon which Grantee Files its acceptance.
PASSED First Reading this 18t4 day of December , 1979
PASSED Final Reading this 8th day of January , 1980
ng Offi r)
Henry A. Everett
Mayor
ATTEST:
Village Cle�ll
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