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HomeMy WebLinkAboutO-0947240 ORDINANCE NO. 9472 AN ORDINANCE GRANTING TO FLORIDA POWER & LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS AN ELECTRIC FRANCHISE, IMPOSING PROVISIONS AND CONDITIONS RELATING THERETO, PROVIDING FOR MONTHLY PAYMENTS TO THE CITY OF MIAMI, AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. 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 the City of Miami, Florida (herein called the "Grantor") and its successors, in accordance with established practice with respect to electrical construction and maintenance, for the period of 30 years from the effective date 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 the 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, the Grantee shall have filed its acceptance hereof with the Grantor's Clerk within 30 days after final adoption hereof. Section 3. The facilities of the Grantee 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 the Grantor may designate for the purpose, but not so as to unreasonably interfere with the proper operation of the Grantee's facilities and service. When any portion of a street is excavated by the 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 practicable after such excavation, be replaced by the Grantee at its expense and in a condition as good as it was at the time of such excavation. Nothing in this Section shall be construed to make the Grantor liable to the ! Grantee for any cost or expense in connection with the construction, reconstruction or relocation of the Grantee's facilities in streets, alleys, bridges, and public places of the Grantor made necessary by widening, paving or otherwise improving such streets, alleys, bridges and public places, except that the Grantee shall be entitled to reimbursement of such costs and expenses from funds available from sources other than the Grantor as may be provided by law. Section 4. Grantor shall in no way be liable or responsible for any accident or damage that may occur in the construction, operation or maintenance by the Grantee of its facilities hereunder, and the acceptance of this ordinance shall be deemed an agreement on the part of the Grantee to indemnify the Grantor and hold it harmless against any and all liability, loss, cost, damage or expense which may accrue to the Grantor by reason of the negligence, default or misconduct of the Grantee in the construction, operation or maintenance of its facilities hereunder. Section 5. All rates and rules and regulations established by the Grantee from time to time shall at all times be reasonable and the Grantee's rates for electricity shall at all times be subject to such regulation as may be provided by law. Section 6. No later than 60 days after the first anniversary date of this grant, and no later than 60 days after each succeeding anniversary date of this grant, the Grantee, its successors and assigns, shall have paid to the Grantor and its successors all 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 (except amounts for assessments for special benefits such as sidewalks, street paving, and similar improvements) levied or imposed by the Grantor upon the Grantee's electric property, business, or operations, and those of the Grantee's electric subsidiaries for the preceding tax year, will equal six (6) percent of the Grantee's revenues from the sale of electrical energy to residential, commercial and industrial customers within the corporate limits of the Grantor for the 12 fiscal months preceding the applicable anniversary date. Section 7. Payment of the amount to be paid to the Grantor by the Grantee under the terms of Section 6 hereof for the first fiscal year of this grant shall be made in advance by 11 estimated monthly installments commencing on the effective date of this grant and ending on January 28, 1984. Each estimated monthly installment during the first fiscal year of this grant shall be calculated on the basis of 90% of the Grantee's revenues (as defined in Section 6) for the monthly billing period ending 30 days prior to each scheduled monthly payment. The twelfth and final payment for the first fiscal year of this grant, which shall be due no later than 60 days after the first anniversary date of this grant, shall be adjusted to reflect any underpayment or overpayment resulting from the 11 estimated monthly installments made for said fiscal year. Payment of the amount to be paid to the Grantor by the Grantee under the terms of Section 6 hereof for the second and each subsequent fiscal year of this grant shall be made in advance by estimated monthly installments commencing 90 days after the end of the first and each subsequent anniversary date of this grant, and each such estimated -2- monthly installment shall be calculated on the basis of 90% of the Grantee's revenues (as defined in Section 6) for the monthly billing period ending 60 days prior to each scheduled monthly payment. The final installment for the second and each subsequent fiscal year of this grant shall be adjusted to reflect any underpayment or overpayment resulting from estimated monthly installments made for the preceding fiscal year. Section 8. As a further consideration of this franchise, the 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. Grantor reserves the right, upon the expiration of the franchise term herein provided, to purchase the property of the Grantee used under this grant for an amount equal to the then existing cost of reproduction of such property, less depreciation to date of such purchase, together with going concern value and any damages to the remainder of Grantee's property caused by such purchase. All closing costs of such purchase shall be borne by Grantor. Nothing herein contained shall require Grantor to acquire Grantee's property or to renew the franchise herein granted. Section 10. Failure on the part of the Grantee to comply in any substantial respect with any of the provisions of this ordinance shall be grounds for forfeiture of this grant, but no such forfeiture shall take effect if the reasonableness or propriety thereof is protested by the Grantee until a court of competent jurisdiction (with right of appeal in either party) shall have found that the Grantee has failed to comply in a substantial respect with any of the provisions of this franchise, and the Grantee shall have six months after the final determination of the question to make good the default before a forfeiture shall result with the right in the Grantor at its discretion to grant such additional time to the Grantee for compliance as necessities in the case require; provided, however, that the provisions of this Section shall not be deemed exclusive of such other remedies as may be provided by law. Section 11. Grantor acknowledges it is fully informed concerning 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.- Both Grantor and Grantee have relied on Resolution No. R-709-78 of the Board of County -3- Commissioners of Metropolitan Dade County, Florida in granting and accepting the aforesaid franchise. Section 12. Should any section or provision of this ordinance or any portion hereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder as a whole or as to any part, other than the part declared to be invalid. Section 13. Ordinance No. 4974, effective April 1, 1954 is hereby repealed, and all ordinances and parts of ordinances in conflict herewith are hereby superseded to the extent of any such conflict. Section 14. This ordinance shall become effective on March 28, 1983 after first having been accepted by the Grantee in accordance with Section 2 hereof. PASSED ON FIRST READING. BY TITLE. ONLY this 22 day of July 1982. PASSED ON SECOND READINC BY TITLE ONLY this 29th day of July, 1982. PASSED AND ADOPTED ON THIRD AND FTNAL :EADING BY TITLE ONLY this 9th day of September 4 ff% 1982.� MAURICE A FERRE MAYO ATTEST: �� _ �.. RALPH Gr ONCIE, CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: GEORC-FT. KNOX, JR. CITY A RNEY APPROVED AS TO FORM AND CORRECTNESS: ACTOR Y -4- ACCEPTANCE OF ELECTRIC FRANCHISE ORDINANCE NO. 9472 BY FLORIDA POWER & LIGHT COMPANY City of Miami Miami, Florida October 7, 1982 Florida Power do Light Company does hereby accept the electric franchise in the City of Miami, Florida, granted by Ordinance No. 9472 beings "AN ORDINANCE GRANTING TO FLORIDA POWER be LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC FRANCHISE, IMPOSING PROVISIONS AND CONDITIONS RELATING THERETO, PROVIDING FOR MONTHLY PAYMENTS TO THE CITY, AND PROVIDING FOR AN EFFECTIVE DATE." which was passed and adopted on September 9, 1982. This instrument is filed with the City Clerk of the City of Miami, Florida, in accordance with the provisions of Section 2 of said ordinance. FLORIDA POWER be LIGHT COMPANY i By i. V� icr a Prjfsident ATTEST: istW4I Secretary I HEREBY ACKNOWLED(;E receipt of the above Acceptance of Electric Franchise Ordinance No. 9472 by Florida Power do Light Company, and certify that I have filed the same for record in the permanent files and records of the City of Miami, Florida on this 7th day of October, 1982. Ci lerk of the City dil Miami Miami, Florida iw.-Z MIAMI REVIEW AND DAILY RECORD Published Daily except Saturday Sunday and Legal Holidays Miami, Dade County, Florida STATE OF FLORIDA "OUNTY OF DAD£: Before to undersigned authority pe11004Ny appeared Dianna Stuver, who on oath says that she is fa Assistant to the Publisher of the Miami Revtw and Daily Record, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published of Miami In Dade County, Florida; tat to stfachad copy of advertisement, being a Legal Advertisement of Notice In the matter of Notice of Proposed Enactment of an Ordinance by the City of Miami In Re: September 9, 1982--Providing for monthly payments to the City of Miami, etc., in the . X X . X _ _ . Court, NOTICE OF PROMSED BNACHIBW'OF AN was published in said newspaper In the Issues of ORDINANCE BY TUB OWY OF WAXII, 1 VONIDA NOTICE IS HERESY GIVEN that on Sept~ 9, I M2, at 210 us t 2 5 , September r 1, 198 2 p.m., the City Comtaleslon of the City of Miami. Floeif . in regular Au g P session to be held in the City Commission Chamber at 35M Pan American OAve, MWK Florida, will consider the foibwing OrdiAliu m Athant further *W that the said Miami Review and Daily on final reading and the adoption thereof. Record is a newspaper pubile" at Miami in said Dab county. Florida, and Mat the said newspaper has heretofore been ORDINANCE NO. continuously published In sold Dade County, Florida, oath day (except Saturday. Sunday and Legal Holidays) and has been AN ORDNANCE GRAInfieToFLORIDA POWER &LIGHT entered as second class mail matter at the Post oftica In Miami In said Dade County, Florida, for a period of one year COMPANY, ITS SUCCESSORS AND ASSIGNS, AN ELEC- na.t preceding this first publication of the stlacl+ed copy of TRIC FRANCHM IMPOSING PROVISIONS ANDCON01- ttdverf'rament: end atfum further says that aria has nelmee TIONS RELATING THERETO, PROVIDING FOR MONMY paid nor promisee any person, firm or corporation any discount. ppy g TO THE CITY OF MIAMI, AND PROVIDING ebote, eommKilon Or refund for the piepoN of sotuAng tint advertisement for publication `ilriel Will: �wspaper. FOR AN EFFECTIVE GATE. piiA J. jo '' Said proposed ordinance may be IniWated by the publip at the office of the City Clerk, 3500 Pan American Drive. Mishit. n 116ilda. • = Monday through Friday, excluding holidays, during the hours ai Wkil '$r�otn tpviui Tutafold Itetyrvrte this a.m. to 5:g0 p.m. da { . D1r An interested parties may appear at the meeting and be heard with 1st r9+� ajpte '! 82 j q G�L • U „ respect to the proposed ordinance. �'('4Qy P Ste pig a n Law RALPH G.011106s �� CITY CLERK My Commission expires Feb. 'r3,i twe;," t Of I CITY OF MIAMI, FLORIDA am flit MB2 tl6250i ......._.. _...... otwru, D�DH a' "'NTY,'FLONOA L L. NOTICE MIAMI REVIEW AND DAILY RECORD Puoasned Daily except Saturday, Sunday and Legal Holidays Miami, Dada County, Florida. STATE OF FLORIDA COUNTY OF DADE. Before the undersigned authority pfaeonelty appeared OcWnW V. Fobeyle, who on doN Bays diet aid b the SuperNsor, Legal Advertising of site Mlsml Review and Daily Record, a CWIY letmapl 30urdry, Sunday and Legal Holldrysl newspaper, Published at Miami In Dade County, Fiam". oral theatteehed Copy of adwftlsoment. being a Legal Ad"Mooment of Notice In the matter of "T'"Y n' '1TaCI ("the ... _ . ......... ..... Carrt, eas Publishad In sold nesispsper In i:.a Issues of Alfsnt further a" that Ike seM Miami Review Lao DWy card is a now, spar published at Miami In saM Dada Caumy, ,Ida. and that the said hewepepaT hse haratofpre been IMwoaslY published In said Dada County. Coty. Flores, eaeli day •Opt Saturday, Sunday and Legal Honda") and has been Is" as second Clap mall matter at the past office In ml In said 0400 County, Florida, M a perfori at one you pneodkV the lint publication of Ihe aitaChad Copy of rUsamsnl; and dflont tanner says that she has neither nor premised arty paraolL firm Of Corporatbn any sfawuni, y. wrnmlmlon or refund fa the purpose of sedunng Into 1104morl far Poblkal, 4!11, v ULt:,, :. Svaany.to wiw ottboedbed, before me this tt 1UQUbt of A.D. 7f,.. c�.� ��/`�/!�� fl.ety J.. Nd _Pudic. 3NIe -of Floods at Large mission expires June t; log : � All Interested will take notice that on the 29th day Ol July. 7982, the City Commission o1 Miami. Fioflda adopted the f011owing titled Ofar nances' ORDINANCE NO.9470 AN EMERGENCY ORDINANCE AMENDING SECTIONS 2391. 2-392. 2.393. 2.394. 2.395. 2-396. AND 2.397 OF THE CODE OF THE CITY OF MIAMI, FLORIDA. AS AMENDED, RELATING TO THE. C11 Y'S CODE ENFORCEMENT BOARD. BY PROVIDING FOR AN ADDITIONAL DEFINITION AND FOR ENLARGED MODIFIED MEMBERSHIP OF SAID BOARD WITH THE MEMBERS OF THE BOARD SELECTING ITS CHAIRMAN FROM AMONG ITS MEMBERS: FURTHER PROVIDING FOR A CHANGE IN THE HEARING AND APPEAL PROCEDURE AND DELINEATING POWERS OF THE BOARD RELATED TO FINES WITH A REDUCTION IN THE FINES FOR VIOLATIONS FROM $500 TO $250: CONTAINING A REPEALER PROVISION AND A SEVER- ABIOTY CLAUSE. ORDINANCE NO. 9471 AN ORDINANCE AMENDING SECTIONS 5 47, 5.49, 5.50. 5.54, 5.56, 5-57. 5.58. 5.59 AND 5-61 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO PRO- VIDE FOR A 5-MEMBER "CITY OF MIAMI PROFESSIONAL BOXING ARID WRESTLING BOARD", WITH THE CHAIR- MAN THEREOF TO BE APPOINTED BY THE CITY COM- MISSION, SAID BOARD TO BE ESTABLISHED UPON THE EFFECTIVE DATE OF THE ADOPTION OF THE HEREIN ORDINANCE, PROVIDING THAT THERE BE A SECRETARY - TREASURER OF SAID BOARD WHO SHALL BE APPOINTED BY A VOTE OF NOT LESS THAN 3 MEMBERS OF SAID BOARD AND WHO SHALL NOT HAVE THE RIGHT TO CAST A VOTE ON QUESTIONS COMING BEFORE THE BOARD FOR ACTION OR DECISION; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO. 9472 AN ORDINANCE GRANTING TO FLORIDA POWER & LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS AN ELEC. TRIC FRANCHISE, IMPOSING PROVISIONS AND COW CATIONS RELATING THERETO, PROVIDING FOR MONTHLY PAYMENTS TO THE CITY OF MIAMI, AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. 9473 AN ORDINANCE AMENOING ORDINANCE NO. 6871, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI BY APPLYING THE HERITAGE CONSERVATION INTERIM ZONING DISTRICT, ORDINANCE NO. 9317, TO THE PROPERTY LOCATED AT 3033 GRAND AVENUE (FORMER 1 CHING STORE) AND AS DESCRIBED ON THE ATTACHED MAP, AND BY REFERENCE THEREOF MADE A PART HEREOF; AND BY MAKING THE NECES- SARY CHANGES IN THE ZONING DISTRICT MAP, MADE A PART OF SAID ORDINANCE NO. 6871. BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2; REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT, AND CONTAINING A SEVERABILITY CLAUSE. ORDINANCE NO. 3474 AN ORDINANCE AMENDING ORDINANCE NO. 6871, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY AMENDING SECTION 1. "BASE BUILDING LINES ESTABLISHED:' OF ARTICLE XXV, "BASE BUILDING LINES," OF SAID ORDINANCE; MORE PARTICULARLY BY DELETING SUBSECTION 14) OF SAID SECTION 1, AND INSERTING IN LIEU THEREOF A NEW SUBSECTION (4), AND ADDING NEW SUBSEC- TIONS (4-A). (4 B), AND (4C), AS HEREINAFTER SET FORTH: (4) IST STREET, SOUTHEAST AND SOUTHWEST, BISCAYNE BOULEVARD TO SOUTHWEST IST AVENUE ... 37.5'; (4 A) IST STREET. SOUTHWEST, NORTH SIDE, SOUTH. WEST IST AVENUE TO SOUTHWEST 1ST COURT.. 37.5': (4 B1 IST STREET, SOUTHWEST, SOUTH SIDE, SOUTHWEST IST AVENUE TO SOUTHWEST IST COURT . 29.5' ; (4•C) IST STREET, SOUTHWEST, SOUTHWEST 1ST COURT TO SOUTHWEST NORTH RIVER DRIVE ..... 37.5'; FURTHER ADDING A NEW PARAGRAPH (74-B). TO SAID SECTION 1, TO READ AS FOLLOWS: (74-8) 15T COURT, SOUTHWEST, EAST SIDE, FROM SOUTHWEST 1ST STREET TO SOUTHWEST 2ND STREET ..... 22.5'; AND BY MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE A PART OF SAID ORON NANCE NO, 6871 BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2, THEREOF; BY REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT AND CONTAINING ASEVERABILITY CLAUSE. ORDINANCE NO. 9475 AN ORDINANCE AMENDING ORDINANCE NO. 6871, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION OF LOTS 8, 9, 10,16 and 17; NORTH. ERN BOULEVARD TRACT (2.29), BEING APPROXIMATELY 271 NORTHWEST 29TH STREET, FROM R4 (MEDIUM DEN. SITY MULTIPLE) TO C3 (LIBERAL COMMERCIAL DISTRICT), AND BY MAKING ALL THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE A PART OF SAID ORDINANCE NO. 5871. BY REFERENCE AND DESCRIP- TION IN ARTICLE III, SECTION Z THEREOF, BY REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT AND CONTAINING A SEVERABILITY CLAUSE. RALPH G. ONGIE City Clark City of Miami, Florida i ACCEPTANCE OF ELECTRIC FRANCHISL ORUINANCE NO. 9472 oY FLORIOA POWER do LIGHT COMPANY City of Miami wiiami, Florida August 27, 19b2 Florida Power a Light Company does hereby accept the electric franchise in the City of vadmi, Florida, granted by Ordinance No. 9474 being: "AN ORDINANCE 1.iRANTING TO FLORIUA POWER & LIGttT COMPANY, ITS JUCCESSORS AND ASbIGNS, AN ELECTRIC FKANCHISE, VVIPOSIN(; PROVISIONS ANO C:ONUI"TWNS RELATING TtiEKETO, PKOVIUING FOR MONTHLY PAYMLNTS TO THE CITY OF ,NIAMI, AND PKOViUINIi FOR AN tFFkC:TiVr- OATt." which was passed and adopted on July 2V, 1962. This instrument is filed with tiie City Clerk of the pity of Miami, Florida, in accordance with the provisions of Section [ of said ordinance. FLOKIUA POWER Oc LIGI-ll COMPANY Vic resicent AT"ft.31. -___.--- - -- Secretary --------------- I HLRtaY ALKNOWLtul,t receipt of the above Acceptance of Electric Franchise Ordinance No. 9472 oy Florida Power & Light Company, and certify that I have filed the same for record in the permanent files and records of the City of Miami, Florida on this t7th day of August, 19b i. City Clerk of the City0bi Miami, Florida .1 I. a ,• , 1,YI(1,'- , , , , , . 1, 1 , . , ,, 1 r- . RECEIVED Clark Merrill t�Z 1UG 9l PH � 34, Assistant to the City anage Intergovernmental Af fairj#/;LP11 G. ONu;r �9 OF HAN. FU Jose R. Garcia -Pedrosa City Attorney :1 August 20. 1982 Florida Power & Light Company (FP&L) Franchise Ordinance Advertisement Requirement Your memorandum of August 11, 1932 - For references your memorandum to City Clerk dated (1) August 18, 1982 This will confirm our telephone conference of August 13 concerning the request for an opinion contained in your memorandum of August 11, 1932. After identifying the relevant issues and taking note of the conflict in positions previously taken by different public officials, you indicated that the franchisee is expected to give to the City the requisite acceptance, even in the absence of our formal reply to your request, provided that a timely advertisement is placed and further provided that the matter is placed on the agenda for the City Commis- sion fleeting of September 9, 1982. You then inquired whether such advertisement may be placed and whether the matter could be placed on that agenda. I responded to you in the affirmative on both counts and have since received a copy of your August 18, 1982 memorandum to the City Clerk, requesting such .actions. I also advised you that such actions con- stitute the prudent course to follow, pending our response to your nequest for a legal opinion.. However, I clarified to you that in., the event that our opinion ultimately is that the City is required to follow the Dade County Charter and not the provisions of Florida Statutes §166,041, then such actions will be ineffective, as clearly set out in the second page of your memorandum to the City Manager dated August 11, 1992, a copy of which is attached. On the other hand, if a,ir t­)Inion ultimately is that the City is required to follow l'lorida Stat�ite, 6166.041, then such actions will have been taken in a timely manner, permitting the enactment and implementation of the subject Ordinance. In light of the foregoing, you have indicated that our formal opinion on the ultimate issue involved is no longer needed prior to August 29, 1932, 1 have promised you a speedy resolution, but in light of the importance of the issue involved, I shall not do so by August 29, in order to permit this office to give full and thorough consideration to the matter. JGP;sd c-" � sir,• /, rc os+ �i l���1..1 CC : Howard V. Gary . N.:c/« an. ,��f.! •�✓.i ice. �.-use'• City ?tanager { /� Ralph C . On g l e City Clerk t _60 • The Moan News • Wednesday. 4uI!gt 25. 1982 aqwnum 0 NOTICE OF PROPOSED ENACTMENT OF AN ORON"NCE BY TUB CRY O/ WAAI% Y/ORIOA IIOTICE N IiIli1A► NYBI IhN as ONbelsr A M1R N ta1 IMs Ci► Cus.iuiss d o§*%W � erilaa r ttl i w aswiales eAssrsr K � � w �Ias shy Uik.ity adle.so. se Isr wr. oMOlwAsya sya AM ONOMIAMCE OWN TO R AMOA POW a NONY COINAW IT{ M11YENiiTOiHt CITY OF IMAIM: AINPIIOYNMIBROM ANE4IRIECATE, mw wdGmn Ee I�IIaMa Ies pole d Meel6or d M Coy CML TIN PYe Oiia. malt arils, Mnrl�pe�pE i+i ft a hdfge, " Mr Iwundaiysee. a SMDva� � a++�••..r,vvw �s sss wNlur sse a+rw.Ma nrysd a a.lrayswv R&O" O. &M A Howard V. Gary City Manager 4ar*merl"10111, Assistant to the City Manager Intergovernmental Affairs August 11, 1982 Florida Power & Light Company (FP&L) Franchise Ordinance Advertisement Requirement (5) The attached request for legal opinion for your approval is necessary in order to complete the Florida Power & Light Company franchise renewal process. There are two procedures that relate to the passing of City of Miami ordinances. The first procedure is described in the"Municipal Home Rule Powers Act," F.S. 166.041 (3)(a): "Except as provided in paragraph (c) a proposed ordinance may be read by title, or in full, on at least 2 separate days and shall, at least 7 days prior to adoption, be noticed once in a newspaper of general circulation in the municipality. The notice of proposed enactment shall state the date, time, and place of the meeting, the title or titles of proposed ordinances, and the place or places within the municipality where such proposed ordinances may be inspected by the public. Said notice shall also advise that interested parties may appear at the meeting and be heard with respect to the proposed ordinance." (dote: Paragraph (c) relates to the adoption of Municipal Zoning Ordinances which the City has complied with since January 1982. The second procedure is established under the Dade County Charter which operates as an wib rella over certain municipal functions which authority comes from Article V111, Section 11 of the Florida Constitution. This constitutional provision grants to Dade County certain specific powers in establishing authority over municipalities that are not granted to any other county in Florida. In a 1977 opinion the City Attorney, in essence, determined that the Dade County Charter provisions were superior to the Florida Statute 166.041 in the passage of municipal ordinances and that the City of Miami was fulfilling its charter require- ments under the authority of the Dade County Charter. In December the uncontested opinion of the Circuit Court of Appeals in Rolle v. the City of Miami determined that the City of Miami does come under the"Municipal llume Rule Powers Act" and that the charter provision requiring an election to approve franchises constituted an unauthorized restriction on the City. This ruling reflects a 1980 ruling by the Supreme Court which held invalid Section 74 of the City Charter. TO: Howard V. Gary -2- DATE: August U. 1%2 FROM: Clark Merrill RE: FPRL franchise Ordinance Advertiserent RequirSO"t This case dealt with a plaintiff's unsuccessful asertion that an election should be required in the issuance of revenue bonds. The issue, therefore, appears to be: 1. If the City is required to follow F.S. 166.041 then: a) A proper advertisement must be placed prior to adoption of the franchise ordinance. b) No election is required. 2. If the City is required to follow the Dade County Charter then: a) No advertisement is required prior to the adoption of the franchise ordinance. b) An election is required to obtain voter approval of the franchise ordinance. The attached legal opinion places the question before the City Attorney which would determine the City's process in approving the FPRL ordinance in order that it may withstand any possible future court challenge on this issue. It is necessary that this question be resolved in order to protect the City's franchise agreement with FPRL which will convey to the City over one-half billion dollars over the life of the franchise. CM/ah cc: Jose Garcia -Pedrosa .,-,' City Attorney P.O ODO peawww "04=4W ILA FLOAWi►a UGHT COanary October 7, 1982 Mr. Clark Merrill Assistant to the City Manager City of Miami 3500 Pan American Drive Miami, Florida Dear Clark: Enclosed are three (3) signed copies of our Acceptance of the Miami Franchise. Please ask the City Clerk to sign and seal the acknowledgment of receipt at the bottom of each copy. The original should then be retained by the Clerk and placed in the official files of the City and the other two copies should be returned to me. Clark, I want to express my appreciation for the profes- sional and orderly manner you handled the franchise renewal process. It has been a pleasure working with you. Sincepely yours, c; ✓Guy J. Sanchez Miami District Manager GJS:spg Enclosures PEOPLE ... SERVMG PEOPLE r ORDINANCL NO. 9 4 7 AN OI IANANCL GRANTING TO FLORIDA POWER & LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS AN ELECTRIC FRANCHISE, IMPOSING PROVISIONS AND CONDITIONS RELATING THERLTO, PROVIDING FOR MONTHLY PAYMENTS TO TIIE CITY OF MIAMI, AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE COMMISSION OF THE, CITY OF MIAMI, FLORIDA: Section 1. '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 the City of Miami, Florida (herein called the "Grantor") and its successors, in accordance with — established practice with respect to electrical construction and maintenance, for the period of 30 years from the effective date 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 the 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, the Grantee shall have filed its acceptance hereof with the Grantor's Clerk within 30 days after final adoption hereof. Section 3. The facilities of the Grantee 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 the Grantor may designate for the purpose, but not so as to unreasonably interfere with the proper operation of the ------------ Grantee's facilities and service. When any portion of a street is excavated by the 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 practicable after such excavation, be replaced by the Grantee at its expense and in a condition as good as it was at the time of such excavation. Nothing in this Section shall be construed to make the Grantor liable to the Grantee for any cost or expense in connection with the construction, reconstruction or relocation of the Grantee's facilities in streets, alleys, bridges, and public places of the Grantor made necessary by widening, paving or otherwise improving such streets, alleys, bridges and public places, except that the Grantee shall be entitled to reimbursement of such costs and expenses from funds available from sources other than the Grantor as may be provided by law. Section 4. Grantor shall in no way be liable or responsible for any accident or damage that may occur in the construction, operation or maintenance by the Grantee of its facilities hereunder, and the acceptance of this ordinance shall be deemed an agreement on the part of the Grantee to indemnify the Grantor and hold it harmless against any and all liability, loss, cost, damage or expense which may accrue to the Grantor by reason of the negligence, default or misconduct of the Grantee in the construction, operation or maintenance of its facilities hereunder. Section 5. All rates and rules and regulations established by the Grantee from time to time shall at all times be reasonable and the Grantee's rates for electricity shall - at all times be subject to such regulation as may be provided by law. Section 6. No later, than 60 days after the first anniversary date of this grant, and no later than 60 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 (except amounts for assessments for special benefits such as sidewalks, street paving, and similar improvements) levied or imposed by the Grantor upon the Grantee's electric property, business, or operations, and those of the Grantee's electric subsidiaries for the preceding tax year, will equal six (6) percent of the Grantee's revenues from the sale of electrical energy to residential, commercial and industrial customers within the corporate limits of the Grantor for the 12 fiscal months preceding the applicable anniversary date. Section 7. Payment of the amount to be paid to the Grantor by the Grantee under the terms of Section 6 hereof for the first fiscal year of this grant shall be made in advance by 11 estimated monthly installments commencing on the effective date of this grant and ending on January 28, 1984. Each estimated monthly installment during the first fiscal year of this grant shall be calculated on the basis of 90% of the Grantee's revenues (as defined in Section 6) for the monthly billing period ending 30 days prior to each scheduled monthly payment. The twelfth and final payment for the first fiscal year of this grant, which shall be due no later than 60 days after the first anniversary date of this grant, shall be adjusted to reflect any underpayment or overpayment resulting from the 11 estimated monthly installments made for said fiscal year. Payment of the amount to be paid to the Grantor by the Grantee under the terms of Section 6 hereof for the second and each subsequent fiscal year of this grant shall be made in advance by estimated monthly installments commencing 90 days after the end of the first and each subsequent anniversary date of this grant, and each such estimated _2_ PYpQF�fi�n .Rf fh(� �Rti�� #�fi t1lQ 1� I�RY �f ��gYraf il. -- _-__-- - monthly installment shall be calculated on the basis of 90% of the Grantee's revenues (as defined in Section 6) for the monthly billing period ending 60 days prior to each scheduled monthly payment. the final installment for the second and each subsequent fiscal year of this grant shall be adjusted to reflect any underpayment or overpayment resulting from estimated monthly installments made for the preceding fiscal year. Section 8. As a further consideration of this franchise, the 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. Grantor reserves the right, upon the expiration of the franchise term herein provided, to purchase the property of the Grantee used under this grant for an amount equal to the then existing cost of reproduction of such property, less depreciation to date of such purchase, together with going concern value and any damages to the remainder of Grantee's property caused by such purchase. All closing costs of such Purchase shall be borne by Grantor. Nothing herein contained shall require Grantor to acquire Grantee's property or to renew the franchise herein granted. Section 10. Failure on the part of the Grantee to comply in any substantial — respect with any of the provisions of this ordinance shall be grounds for forfeiture of this grant, but no such forfeiture shall take effect if the reasonableness or propriety thereof is protested by the Grantee until a court of competent jurisdiction (with right of appeal in either party) shall have found that the Grantee has failed to comply in a substantial _ respect with any of the provisions of this franchise, and the Grantee shall have six months after the final determination of the question to make good the default before a forfeiture shall result with the right in the Grantor at its discretion to grant such additional time to the Grantee for compliance as necessities in the case require; provided, however, that the provisions of this Section shall not be deemed exclusive of such other remedies as may be provided by law. - Section 11. Grantor acknowledges it is fully informed concerning 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 CountyCommissioners 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.. Both Grantor and Grantee have relied on Resolution No, R-709-78 of the Board of County _3 9 F� Ruplf lign 9f lhi@ hl91199 Qn the 1? 4PY 0 ,49yol I s monthly installment shall be calculated on the basis of 90% of the Grantee's revenues (as defined in Section 6) for the monthly billing period ending 60 days prior to each scheduled monthly payment, The final installment for the second and each subsequent fiscal year of this grant shall be adjusted to reflect any underpayment or overpayment resulting from estimated monthly installments made for the preceding fiscal year. Section 8. As a further consideration of this franchise, the 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. Grantor reserves the right, upon the expiration of the franchise term — herein provided, to purchase the property of the Grantee used under this grant for an amount equal to the then existing cost of reproduction of such property, less depreciation to date of such purchase, together with going concern value and any damages to the remainder of Grantee's property caused by such purchase. All closing costs of such purchase shall be borne by Grantor. Nothing herein contained shall require Grantor to acquire Grantee's property or to renew the franchise herein granted. ' Section 10. Failure on the part of the Grantee to comply in any substantial respect with any of the provisions of this ordinance shall be grounds for forfeiture of this grant, but no such forfeiture shall take effect if the reasonableness or propriety thereof is protested by the Grantee until a court of competent jurisdiction (with right of appeal in either party) shall have found that the Grantee has failed to comply in a substantial - respect with any of the provisions of this franchise, and the Grantee shall have six months after the final determination of the question to make good the default before a forfeiture shall result with the right in the Grantor at its discretion to grant such additional time to _ the Grantee for compliance as necessities in the case require; provided, however, that the provisions of this Section shall not be deemed exclusive of such other remedies as may be - provided by law. Section 11. Grantor acknowledges it is fully informed concerning the existing -tea 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. Both Grantor and tarantee have relied on Resolution No. R-709-78 of the Board of County MUL Commissioners of Metropolitan Dade County, Florida in granting and accepting the aforesaid franchise. Section 12. Should any section or provision of this ordinance or any portion hereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder as a whole or as to any part, other than the part_ declared to be invalid. Section 13. Ordinance No. 4974, effective April 1, 1954 is hereby repealed, and all ordinances and parts of ordinances in conflict herewith are hereby superseded to the extent of any such conflict. Section 14. This ordinance shall become effective on ;March 28, 1983 after first having been accepted by the Grantee in accordance with Section 2 hereof. PASSED ON FIRST READTNG BY TITLE ONLY this _72_day of July 1982. 11ASSI11) ON SECOND READING BY TITII ONLY Luis 29th day of J11l.Y, 1982. PASSED AND ADOPTED ON THIRD AND FTNAL. :IADTNG BY TITLE ONLY this 901 day of September _, 1982. MAURTCE A.. FERRE M A Y O R ATTEST: IZALPH G� ONGIE, CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: GEORGL--F. KNOX, JR. ciTY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: cy� ntroaNE'v"- �a ''tunu�I ACCEPTANCE OF ELECTRIC FRANCHISE ORDINANCE NO. 9472 BY FLORIDA POWER & LIGHT COMPANY City of Miami )vliaini, Florida October 7, 1982 Florida Power & Light Company does hereby accept the electric franchise in the City of Miami, Florida, granted by Ordinance No. 9472 being: "AN ORDINANCE GRANTING TO FLORIDA POWER & LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, AN ELL-"CTRIC FRANCHISE, IMPOSING PROVISIONS AND CONDITIONS RELATING THERETO, PROVIDING FOR MONTHLY PAYMENTS TO THE CITY, AND PROVIDING FOR AN EFFECTIVE DATE." which was passed and adopted on September 9, 1982. This instrument is filed with the City Clerk of the City of Miami, Florida, in accordance with the provisions of Section 2 of said ordinance. FLORIDA POWER & LIGHT COMPANY j By Vice, President ATTEST: Secretary ---------------- I HEREBY ACKNOWLEDGE receipt of the above Acceptance of Electric Franchise Ordinance No. 9472 by Florida Power & Light Company, and certify that I have filed the same for record in the permanent files and records of the City of Miami, Florida on this 7th day of October, 1982. r 4L-3, Cifyy Clerk of the City of Miami Miami, Florida c-7 ' `' --na Y 1 co MIAMI REVIEW AND DAILY RECORD Published Daily except Saturday. Sunday and Legal Holidays Miami, Dade County, Florida STATE OF FLORIDA UOUNTY OF DADE: - Before the undersigned authority personally appeared _— Dianna Stuver, who on oath says that she is the Assistant to the Publisher of the Miami Review and Daily Record, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami In Dade County, Florida: that the attached copy of advertisement, being a Legal Advertisement of Notice In the matter of Notice of Proposed Enactment of an Ordinance by the City of Miami In Re: September 9, 1982--Providing for monthly payments to the City Of Miami, etc., In the .... X... ... X.. , _ , • , • . X, .. , . , . , _ . • , . Court, NOTICE OF PROPOSED ENACTMENfOF AN = was published In said newspaper In the issues of ORDINANCE BY THE CITY OF MIAM1, FLORIDA NOTICE IS HEREBY GIVEN that on September 9, 1982, at 2:30 August 25, September 1 1982 p.m., the City Commission of the City of Miami, Florida, in regular Au q L session to be in the City Commission Chamber of 3500 Pan American Drive, Miami, Florida, will consider the following Ordinance Afitant further says that the said Miami Review and Daily on final reading and the adoption thereof. Record is a newspaper published at Miami in sold Dade County, Florida, and that the said newspaper has heretofore been ORDINANCE NO.:^ continuously published In said Dade County, Florida, each day (except Saturday. Sunday and Legal Holidayys) and has been AN ORDINANCE GRANTING TO FLORIDA POWER 8 LIGHT entered as second class mail matter al tha post office in Miami in said Dade County, Florida. for a period of one year COMPANY, ITS SUCCESSORS AND ASSIGNS, AN ELEC- na.t preceding the first publication of the attached copy of TRIC FRANCHISE, IMPOSING PROVISIONS AND CONDI- advertisement; and effiant further says that she has neither TIONS RELATING THERETO, PROVIDING FOR MONTHLY paid not promised any person. firm or corporation any discount, PAYMENTS TO THE CITY OF MIAMI,' AND PROVIDING ivbate, commission or refund for the purpose of securing this advertisement for publication t \theisaid; newspaper. FOR AN EFFECTIVE DATE. Said proposed ordinance may be inspected by the public at the • .. • • • • �• :3' rat '-• office of the City Clerk, 3500 Pan American Drive, Miami, Florida, Monday through Friday, excluding holidays, during the hours of 8:00 =SloCri to•,aQ tiubicrlbed 6efgri�rne this a.m. to 5:00 p.m. lSt day of :' t3p'teIIl):)er` A D.j-197 82 All interested parties may appear at the meeting and be heard with t, respect to the proposed ordinance. M � Wiimkl,5oneS� Nctary Pic, SteFlorr�e at Large RALPH G. ONGIE (SEAL) " ,[ ;, ti CITY CLERK - My Commission expires Feb. 23,`1g86. ` CITY OF MIAM1, FLORIDA n() 8125 911 M82-082501 MR 129 i v U irf Pli,I(ptiQn Pf fhl hhtiq� go 1ho 19,00y Qf Augot I MB2,W _ MIAMi REVIEW AND DAILY RECORD Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she is the Supervisor, Legal Advertising of the Miami Review and Daily Record, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami In Dade County, Florida; that the attached copy of adverilsement, being a Legal Advertisement of Notice In the matter of CITY OPi9IA fI Legal Notice In Re : ORDINANCI Ti(). 9472 X X Inthe ........................ .............. Court was published in said newspaper in the Issues of August 12, 1982 Afflant further says that the said Miami Review and Daily cad Is a newspaper published at Miami In said Dade County, aids, and that the said newspaper has heretofore been Itlnuously published In said Dade County, Florida, each day :epl Saturday, Sunday and Legal Holidays) and has been Prod a second class mall matter at the post office In mi In sold Dade County, Florlda, for s period of one year preceding the first publication of the attached copy of ctisoment• and affiant further says that she has neither nor promised any person, firm or corporation any discount, ,a, commission or refund for the purpose of securing this Ki amont for publfcatfott {p thf- mFw!epapor. {t Sworn,,4q la}�d' subrcrlbod, before me this 2tl Gayof - Aug'u�t. - c l ... A.D. 39,.... Brooke b% Public, state of Florida at Large mission explros June fbot F-iH1r1f, PLt N10A — L, L iiOT16E All interested will take notice that on this 29th day of July,1982, the City Commission of Miami; Florida adopted the following titled ordl- (lances: ORDINANCE NO.9470 AN EMERGENCY ORDINANCE AMENDING SECTIONS 2-391, 2.392, 2.393, 2.394, 2.395, 2.396, AND 2.397 OF THE CODE OF THE CITY OF MiAMI, FLORIDA, AS AMENDED, RELATING TO THE CITY'S CODE ENFORCEMENT BOARD, BY PROVIDING FOR AN ADDITIONAL DEFINITION AND _ FOR ENLARGED MODIFIED MEMBERSHIP OF SAID -- BOARD WiTH THE MEMBERS OF THE BOARD SELECTING ITS CHAIRMAN FROM AMONG iTS MEMBERS; FURTHER PROVIDING FOR A CHANGE IN THE HEARING AND APPEAL PROCEDURE AND DELINEATING POWERS OF THE BOARD RELATED TO FINES WITH A REDUCTION IN THE FINES FOR VIOLATIONS FROM $500TO $250; CONTAINING A REPEALER PROVISION AND A SEVER - ABILITY CLAUSE. f ORDINANCE NO, 9471 AN ORDINANCE AMENDING SECTIONS 5-47, 5.49, 5.50, 5-54, 5.56, 5.57, 5.58, 5.59 AND "I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO PRO- VIDE FOR A 5-MEMBER "CITY OF MIAMI PROFESSIONAL BOXING AND WRESTLING BOARD", WITH THE CHAIR- MAN THEREOF TO BE APPOINTED BY THE CITY COM- MISSION, SAID BOARD TO BE ESTABLISHED UPON THE EFFECTIVE DATE OF THE ADOPTION OF THE HEREIN ORDINANCE; PROVIDING THAT THERE BE A SECRETARY - TREASURER OF SAID BOARD WHO SHALL BE APPOINTED BY A VOTE OF NOT LESS THAN 3 MEMBERS OF SAID BOARD AND WHO SHALL NOT HAVE THE RIGHT TO CAST A VOTE ON QUESTIONS COMING BEFORE THE _ BOARD FOR ACTION OR DECISION; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO.9472 AN ORDINANCE GRANTING TO FLORIDA POWER 8, LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS AN ELEC- TRIC FRANCHISE, IMPOSING PROVISIONS AND CON- DITIONS RELATING THERETO, PROVIDING FOR MONTHLY PAYMENTS TO THE CITY OF MIAMI, AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. 9473 AN ORDINANCE AMENDING ORDINANCE NO. 6871, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI BY APPLYING THE HERITAGE CONSERVATION INTERIM ZONING DISTRICT, ORDINANCE NO.9317, TO THE PROPERTY LOCATED AT 3033 GRAND AVENUE (FORMER I CHING STORE) AND AS DESCRIBED ON THE ATTACHED MAP, AND BY REFERENCE THEREOF MADE A PART HEREOF; AND BY MAKING THE NECES- SARY CHANGES IN THE ZONING DISTRICT MAP, MADE A PART OF SAID ORDINANCE NO. 6871, BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2; REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT; AND CONTAINING A SEVERABILITY CLAUSE, ORDINANCE NO, 9474 AN ORDINANCE AMENDING ORDINANCE NO. 6871, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY AMENDING SECTION 1, "BASE BUILDING LINES ESTABLISHED," OF ARTICLE XXV, "BASE BUILDING LINES," OF SAiD ORDINANCE; MORE PARTICULARLY BY DELETING SUBSECTION (4) OF SAID SECTION 1, AND INSERTING IN LIEU THEREOF A NEW SUBSECTION (4), AND ADDING NEW SUBSEC. TIONS (4•A), (4-BI, AND (4 C), AS HEREINAFTER SET FORTH: (4)1ST STREET, SOUTHEAST AND SOUTHWEST, BiSCAYNE BOULEVARD TO SOUTHWEST iST AVENUE .. 37.5 ; (4-A) IST STREET, SOUTHWEST, NORTH SIDE, SOUTH- WEST 1ST AVENUE TO SOUTHWEST iST COURT ..... 37.5'; (4-B) iST STREET, SOUTHWEST, SOUTH SIDE, SOUTHWEST IST AVENUE TO SOUTHWEST IST COURT 29.51; (4•C) IST STREET, SOUTHWEST, SOUTHWEST 1ST COURT TO SOUTHWEST NORTH RIVER DRIVE ..... 37.5' ; FURTHER ADDING A NEW PARAGRAPH (74-B), TO SAID SECTION 1, TO READ AS FOLLOWS: (74•B) IST COURT, SOUTHWEST, EAST SIDE, FROM SOUTHWEST IST STREET TO SOUTHWEST 2ND STREET 22,51; AND BY MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE A PART OF SAID ORDI. NANCE NO. 6871 BY REFERENCE AND DESCRIPTION IN ARTICLE 111, SECTION 2, THEREOF; BY REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT AND CONTAINING A SEVERABILITY CLAUSE, ORDINANCE NO, 9475 AN ORDINANCE AMENDING ORDINANCE NO.071, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION OF LOTS 8, 9, 10, 16 and 17; NORTH! ERN BOULEVARD TRACT (2.29), BE)NG APPROXIMATELY 271 NORTHWEST 29TH STREET, FROM 84 (MEDIUM DEN. SITY MULTIPLE) TO 0.5 (LIBERAL COMMERCIAL DISTRICT), AND BY MAKING ALL THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE A PART OF SAiD ' ORDINANCE NO. 6871, BY REFERENCE AND DESCRIP- TION IN ARTICLE 111, SECTION 2, THEREOF, BY REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT AND CONTAINING A SEVERABILITY CLAUSE. RALPH G. QNGiE City Clork City of Miami, Floris(a nn? Iic 1 i. 1 Ptib _ at tan pf this=; Notice on 1h@ . 9 doY iw1 AuQw AC:C:LPTANCE OF ELECTRIC FRANC HISL - ORDINANCE NO. 9472 LiY FLORIDA POWER & LIC,HT COMPANY City of .Miarni Au ust Z7 19a2 iviiarrii, Floridd , Florida Power a Light Company does hemby accept the eler_tri(- tranchise in the City of ,viiarni, Floridd, granted by Ordinance No. 9472, being: "AN URDINANCE 6RANTIN6 TO FL.URIDA POWER & LIGHT COMPANY, l"I S SUC:C L-)SO1�5 AND AS51C..;NS, AN L:LLCTIlIC: FRANCHISE, LMPOSING PkOVISIOil AND CONDITIONS RELATINu THLi.�ETO, PKOVIDU%4i,; FOR vMUNTHLY PAY;VIt:.NTS CO THE CI"1"Y OF NdAllvII, riNU PROVIDIN6 FuR AN L'FFEC-1 IVE DATL." Which was passed and adopted on July 29, 1962. "f his instrurnent is filed with the City Clerk of the City of Miami, Florida, in accordance with the provisions of Section t of said ordinance. FWKIIUA POWER At L16H1 C:UMPANY hY - Vic resident AT`rLST: tsttlnj Jecretary I HEREBY AC KNOWLE06L receipt of the above Acceptance of Electric Franchise Ordinance No. 9472 by Florida Power & Light Company, and certify that I have filed the sarne for record in the permanent files and records of the City of Miami, Florida on this 27th day of August, 1962. C" y Clerk of the Cityll Nliarni, Florida Clark Perri.l.l Intl AUG 70 P11 a. 34, Assistant to the City X:anager IntergovernmenLal Affair;�[;l,_I'li 7. t��dCi CI C1' C1.Eiil ` W MIAV1, FLA. Jose R.. Garcia -Pedrosa City Attorney (l) August 20, 1982 Florida Power & Light Company (FP&L) Franchise Ordinance Advertisement Requirement Your memorandum of August 11, 1932 For references your memorandum to City Cleric dated August 13, 1982 ✓ This will confirm our telephone conference of August is concerning the request for an opinion contained in your memorandum of August 1.1, 1932. After identifying the relevant issues and taking note of the conflict: in positions previously taken by different public offi-cials, you indicated that the franchisee is expected to give to the City_ the requisite acceptance, even in the absence of our formal reply to your request, provided that a timely advertisement is placed and further provided that the matter is placed oil the agenda for the City Commis- sion fleeting of September 9, 1982. You then inquired whether such adverLisemerat may be placed and whether the matter could be placed on that agenda. I responded to you in the affirmative on both counts and have since received ,i copy of your August 18, 1982 memorandum to the City Clerk, requesting such actions. I also advised you that such actions con- stitute the prudent course to follow, pending our response to your request for a legal opinion.. however, I clarified to you that in. the event that- our opinion ultimately is that the City is required to follow the Dade County Charter and not the provisions of Florida Statutes §166.041, then such actions will be ineffective, as clearly set out in the second page of your memorandum to the City Manager dated August 11, 1982, a copy of which is attached. On the other liand, if: our opinion ultimately is that the City is required to follow I'lorida Statutes §166.041, then such actions will have been taken in a timely manner, permitting the enactment and implementation of the sub.jecL Ordinance. I-n Eight of the foregoing;, you have indicated that our formal opinion Oil the ul_Limate issue involved. is no longer needed prior to August 29, 1-9,2. I have promised you a speedy resoluLi-on, but in light of the importance of the issue' involved, I shall not do so by August 29, in order to permit this office to give full and thorough consideration Lo the matter. JGP : sd CC: Howard V. Gary City Manager Ralph G. Ongie , City Clerk Lid Tr 4: tL 1 j; d' j l aTC �"' -✓ t' -�, ;f',c � - a"..i %...� /t.��� 1• sue:' �� rG'd"L'�:ff 68 a The Miami News • Wednesday, August 25, 1982 01 MUM NOTICE OF PROPOSED ENACTMENT OF AN ORDINANCE BY THE CITY OF MIAMI, FLORIDA NOTICE IS HEREBY GIVEN that on September 9, 198Z at 2.30 p.m., the City Commission of the City of Miami, Florida, in regular session to be held in the City Commission Chamber at 3500 Pan American Drive, Miami, Florida, wig consider the following ordinance on final read- ing and the adoption thereof. ORDINANCE NO. AN ORDINANCE GRANTING TO FLORIDA POWER 6 LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC FRANCHISE, IMPOSING PROVI- SIONS AND CONDITIONS RELATING THERETO, PROVIDING FOR MONTHLY PAYMENTS TO THE CITY OF MIAMI, AND PROVIDING FOR AN EFFECTIVE DATE. Said proposed ordinance may be inspected by the public at the office of the City Clark, 3500 Pan American Drive, Miami, Florida, Mondsy through Friday, excluding holidays, during the hours of 8.00 a.m. to 5:00 p.m. I All interested parties may app4ar •t the meting and be heard with respect to the proposed — ordinance. RAL►H G. ONGIE CITY CLERK — CITY OF MIAMI, FLORIDA - U0ward'V^ Gary City Hanaggr August 11, 1982 Florida Power � Light Company /FPX[\ Franchise Ordinance Advertisement Requirement � Assistant to tire- City Manager ' lnterOoverVmental 8f[airs ` (S\ The attached request for legal opinion For yoVr approval is necessary in order to complete the Florida Power & Light Company franchise renewal process. There are b-m prncedUr2S that relate to the passing of City of Miami ordinances. _ --- The first prnc0dUre is described in thO''NUniCipal Home RUle POMerS Act," F.S. 166.041 ---- (3)(a): �-----_ ----' . "Except as provided in parJgrJph (c) O proposed ordinance may he read ` ~�----- � hv title, Or in full, oil at least 2 separate dayS and shall, at least . ----� 7 day prior to adoption, be noticed once in J newspaper of general ------- --� [irCVl»[ion in the municipality. The DOt`Ce of proposed enactment Shall state tire date, time, and place Of the meeting, the title or titles of proposed ordinances, and the place Or places within the � municipality \Yh2rp 3V[h proposed ordinances may be inspected by the � pobliC. Said notice shall also advise that interested parties may _==� appear at the meeting and be heard with respect to the proposed ---- OrdinaDC2./ MOte: Paragraph (c) relates to the (ad0ptio/l of Municipal Zoning -' Ordinances which the City has complied with since January 1982, -- --- The second procedure is established under the Dade C0Vnty Charter which Op2rBt23 as an uxhrcll] over certain municipal functions which authority comes from 8rt�C�2 V{ll ' Section lI f 1h Florida C Stit ti This titUtiOOJl r 1�i0n �UtS t O � Or � On U 0n. � 5 CUDS p Oy gr 0 Dade County certain specific powers in establishing authority over owniCipalities that are Jre not granted to any other c0U0tv in Florida. In a 1977 opinion the City Attorney, in essence, determined that the Dade County � Charter provisions were superior 10 the Florida Statute 166.041 in the passage of mV0icipol ordinances and that the City of Miami Was fulfilling its charter require- ments under the authority of the Dade COoDty Charter. � In O2[8mhcr tho uU[ODte5{pd npini0o of the C1rCuit C0urt of Appeals in Rolle V, == the City Of Miami determined that the City of Miami does come Under th2»MuniCipdl ----U1ring an 2lpCtiOD to approve Howe Rule Powers 8c1" and that the charter provision franchises constituted ail unauthorized restriction on tire City. This ruling reflects ^ a 1080 ruling by the Supreme Court which held invalid Section 74 Of the City Charter. --- L......_...__..:.p TO: Howard V. Gary -2- DATE: August; 11, 982 FROM: Clark; Merrill RE: FP&L Franchise Ordinance Advertisement Requirement This case dealt with a plaintiff's unsuccessful asertion that an election should be required in the issuance of revenue bonds, The issue, therefore, appears to be: 1. If the City is required to follow F.S. 166.041 then: a) A proper advertisement must be placed prior to adoption of the franchise ordinance. b) No election is required. 2. If the City is required to follow the Dade County Charter then: a) No advertisement is required prior to the adoption of the franchise ordinance. b) An election is required to obtain voter approval of the franchise ordinance. The attached legal opinion places the question before the City Attorney which would determine the City's process in approving the FUL ordinance in order that it may withstand any possible future court challenge on this issue. It is necessary that this question be resolved in order to protect the City's franchise agreement with FP&L which will convey to the City over one-half billion dollars over the life of _ the franchise. - CM/ah _ cc: Jose Garcia -Pedrosa / —_ City Attorney P. O 8OX 829900MIAMI, PLOSIbA niU OHON9 314.W3 FLORIDA POWER LIGHT COMPANY October 7, 1982 Mr. Clark Merrill Assistant to the City Manager City of Miami 3500 Pan American Drive Miami, Florida Dear Clark: Enclosed are three (3) signed copies of our Acceptance of the Miami Franchise. Please ask the City Clerk to sign and seal the acknowledgment of receipt at the bottom of each copy. The original should then be retained by the Clerk and placed in the official files of the City and the other two copies should be returned to me. Clark, I want to express my appreciation for the profes- sional and orderly manner you handled the franchise renewal process. It has been a pleasure working with you. Since ly yours, -'Guy J. Sanchez Miami District Manager GJS:spg Enclosures PEOPLE... SERVING PEOPLE' W, t `--tsl-FnyvRi� k 1� -t JUNTA DE GOBIERNO 1981 - 1983 PRESIEJF_NTES DE W)NOR Rgbr:rto Suers I-Inrarl" Aqu�,re %1.wo,•; Paladn PRFSIDENTE Luiz Sari„r< VICEPRESIDENTES SFCu('1 At,lrr Rib^rtn Rodriau:,; qn A,aq�r; VI( F T R F LA(_10 NFc. i-•.t1'44' ;l VICE DIPi.-1r-.:.c< DI REl_ACIONF_:, 4 T1 ;11 +,'I " V,^a ��1 r: aitinr-; jr'aaul,. I_aharca I i f,t ,ir. I'l r',r.rtr- P,Alr") P„ r 111 , ASESORES :'C!fiTiiF?[_£ f Aristides MendP�r fnsua, CP.A. Eugento A`_SEt,OR t'( t)N,)t,t l C:•t Carl", A. Arbo'..,a ASESOR rilP01LC.APM Anal Iiultr DGPAPTAMFNI-) Lt�;At. Dlrectm Csrlos B.I,T1 n,1-! Ga;Par [i. i�'0�ich PoCrb R, 1_uP• ASESOR AL1t.11N VS1 kAl IV") Emt!sLo uc ;�,&; , CAMARA DE COMERCIO LATINA DE LOS ESTADOS UNIDOS Latin Chamber of Commerce of U.S.A. MAILING ADDRESS MAIN OFFICE: P O BOX 35OR24 PHONE 1417 tV. FLAGLER ST. �11W,,M, FLA. 33135 13051 6•12 3870 MIAMI. FLA. 33135 July 28, 1982 Honorable Maurice H. Ferre Mayor, City of Piiami 3500 Pan American Drive Miami, Florida 33133 Dear Mayor Ferre: It has come to our attention that on Thursday, July 29, 1982 the City of Miami has scheduled a public hearing for consideration of the renewal of the franchise agreement with Florida Power & Light Company. It is our understanding that the City Manager and your staff has recommended renewal of the franchise agreement under the terms agreed upon by both sides. While the Latin Chamber of Commerce cannot evaluate the merits of the individual franchise agreement items, we understand the financial significance of having the franchise renewed for the City of Miami. Recognizing the excellent services provided by FPL and the significant contributions that it makes to this community, we wish to endorse the recommendations made by the City Manager. We thought we would write you this letter so that our thoughts can be available in writing at the public hearing. Very truly ours, Luis Sabines - loy Gonzal z- President Secretary 1 CENTRO DE INFORMACION • INFORMATION CENTER �)♦r l n;t.,s ,is don,,; :unr, son deduc,blea de ,mpues[os • All dunatvom a,e fully tak deduallUl"I'_ / 0 FEI.EPHONE: (305) 751,8648 757 3459 0-AMI-I)ADE CHAMBER OF COM&CE 6255 NORTHWEST 7th AVENl11: MIAMI, FLORIDA 33150 i HE CHAMBER I(ORKS -TOR '1JOU" July 28, 1982 _ The Honorable Maurice Ferre Mayor - City of Miami 3500 Pan American Drive Miami, Florida 33133 Dear Mayor Ferre: The Miami -Dade Chamber of Commerce expresses its affirmation of franchise renewal between the City of Miami and Florida Power and Light Co. The Florida Power & Light Co. has been very active in supporting Black economic and community development. As a concerned utility corporation, it has served our community efficiently and has pro- vided a local branch to service our Liberty City community. We give our full support to FP&L and to the City of Miami in renew- ing this franchise agreement. REF: as Sincerely yours, 6" 4. • Ronald E. Frazier President