R-0722-81 RESOLUTION NO. 722-81
A RESOLUTION OF MIAMI SHORES VILLAGE, FLORIDA, REQUEST-
ING THE DADE COUNTY COMMISSION TO CANCEL OR RESCIND
THOSE PORTIONS OF THE DADE COUNTY FRANCHISE AGREEMENT
WITH FLORIDA POWER & LIGHT THAT CONCERNS MUNICIPALITIES.
WHEREAS, Dade County has a franchise agreement with Florida Power
& Light which grants Florida Power & Light the right to operate in the unin-
corporated as well as in the corporated areas of Dade County, and
WHEREAS, Florida Power & Light has stated that they will pay
franchise fees collected in Miami Beach to Dade County when the Miami Beach
franchise expires in January, 1982, and
WHEREAS, municipalities in Dade County may be in similar circum-
stances and will find they have no real negotiating powers with Florida Power
& Light so long as Dade County keeps the municipalities in a hostage position
with their franchise, and
WHEREAS, the franchise fee is in effect a literal agreement whereby
a public utility pays a fee for the use of the public right-of-way which is
maintained and supervised by the government to which the fee is paid, and
WHEREAS, the current County franchise agreement with Florida Power
& Light fails to take legislative note of this important fact and makes no
provision for the County to assume the maintenance and supervision of all
rights-of-way within each municipality.
NOW, THEREFORE, BE IT RESOLVED BY THE MIAMI SHORES VILLAGE COUNCIL,
that the Dade County Commission take legislative note of these circumstances
and adopt a policy which preserves to the municipalities franchise fees and the
right to contractually regulate the use of their public rights-of-way which
are used by utility companies and which the municipalities are legally obligated
to maintain and supervise.
PASSED and ADOPTED this 19th day of January, 2.
Robert/3'. Lodge
ATTEST: Mayor
Village Clerk