HomeMy WebLinkAboutO-00281an ?It
AR,ORDINANOL GRANT= TO PLOAIDAPOWAR :.LIGrT COUPA1 , ITS
*8V0ansOR8 Alit
ASsiva, _ T tlG T, PRIVII 8 OR FAy,kA3O}
ISt
Tt t.o1 Op THIRTY AsCOS ti , Af—
iAZt,got n) 011/1All GA PLANT '' WO , (I
AS
LDS, A ALL NC1SSA L tESIA{Ly
li'iiilil9'r
CES rOR TME 1'Jd1ta` 'ACTt An/ors STOfAGE. OP GAS IN
Tfti CITY O1 UAL I, imoniDA, An TO CC1isTII tJCT,
tS ��tf lP, OP ,Rti"1"L AND ii;Atl; T AXfl -1 , U i.iT): R, S 'Ole ,
( VVat AND ACROSS nt PRtSEN' AND I'UTURE STR T ,
, ,AVgi S, . ALMS, HIGRVAYS, D31 I] G2S, EASEL TTS,
1 ' Or1 Ett ?tinLIC PLACES IN Tif CITY O1 CIA
ORIDA, AND ITS SUCCESSORS, OAS LA= AND SUPPLY
IPES.TOGETI R WITH ALL T1it NECESSARY OR DIESI1 A$L
'ATPtti TENANOM POR ,TIC PURPOSE OP COI 'YlrG, DISThIDUT-
xL;G, ,;UP t IG AID SELLII44 GAS TO SAID Cliit AID ITS SVC-
CZSSORS, 'i'IiE II`FiABITArTS TIMREOF, AIM TO PEI•ZO. S 14? 'i CO.ZP
ORATIONS Bi tor'D T:M LIMITS T: E.'3EOF, FOR LI(ri= T, ? r,il 101 R
AiTD OT:t$R PInFO ,T::S, rATc3I1Ja PROVISIOIZ COI LITIC1;$
LATI:` G i.I L:iE..0) I''.CLi DIEG !LdAGRILZ, t:.T G i .Ti .{l r1
IrDE .tTIF A::70 HOLD Ti-IL SAID CITY HARIL;S S ACIAII<ST A 17
ALL LIAEIL)TY, LOSS, COST, DA,,.AG'y OR EXPENSE WHICH LAY AC-
CRUE TO SAID CI . IZEASO i OF `7F2, !..:St.rLI•;C),, D;irpit .l OR MIS-
CUDTrCT Or THE GRX7, TFE Ii' C0.T:2rCTTO1 ,7ITH T T: :MR OF
ITS RIC lTS 1-11 P,EurmEn.
BE IT GRDAI:` D BY TICS, CITY C0::LISSIOIti Cy 12.: 2 CITY 0P±' MIALII,
FLORIDA: -
•
1 Section I. There is hereby granted to Florida Power
,_
1: Light Company, its successors n d a.s igns (herein called
the; Grantee), the right, privilege or franchise for the
Sxii t per is : of Thirty (30) ye- rs frar.z the effective date
hereof, to construct, maintain, equip and operate gas
plants, works and holders, and all necessary or desirable
.appurtenances for the manufacture and/or storage of gas
tri'the City of Eland, Florida, and to construct, equip,
maintain and operate in, under, upon, over and across the
present and future streets, avenues, alleys, hi hwo,ys,
bridges, easements, and other public places in the City
of Miaxn.i, Florida, and its successors, gas mains and sup-
ply pipes, together with all the necessary or desirable.
appurtenances (inc1udin;; service connection:;, curb bo::c; , ,
rovalators, xip pots aria centrel devices) for
the purpose' of 'conveying, distributing, supplyin; and
selling manufactured and/or natural as to said City and
7
s simmer , the in ' ante thine ', and en
corporations beyond the Units thereof, for light, heat,
power and other purposes. This grant is made in considera-
tion of to construction, maintenance and operation of the
gag mains and supply pipes by the grantee herein provided
tor, and for the benefits and conveniences to the inhabitants
Of said City as a result thereof.
Motion II* The City of Miami hereby reserves the right
at or after the expiration of thin grant, to purchaoe the
property of the Grantee used under this grant, as provided
by the statutes of rlorida, in effect at the time of Grantee's
acceptance hereof, including Section 1844 of the Revised
General Statutes of rilorida of 1920, and as a condition prece-
dent to the taking effect of this grant, the Grantee shall
give and grant to the City of Miami the right to purchase so
reserved. Grantee shall be deemed to have given and granted
such right of purchase by the act of acceptance hereof.
Section III. A11 work done in, under, upon, over and
across the present and future streets, avenues, alleys, high-
ways, 'bridges, easements and other public places in the City
of idiami, Florida, hereunder, for the purpose of carrying out
the provisions of this franchise, shall be 'done and performed
in a good and workmanlike manner and not so as unreasonably
to interfere with traffic, tutor Linen any portion of any street
or other public place in the City of Miami is excavated or
damaged by Grantee by reason of such work, such street or
public place shall, within a reasonable time, and as early
as practicable after such excavation or damage, be replaced
in as good condition as it was at the time of such excavation
or damage.
Section IY. Grantee steal1 use reasonable precautions
for the safety of the public at ail openings, excavations or
obatru0tions wade by Grantee in said present or future streets,
4
avenues, alleys, highways, bridges, easements a,na other Dubin
c places in the City of Miami,.crida, and shall protect
e;:same during the night time by red lanterns or other
suitable signals in sufficient number to mark plainly such
openings, excavations or obstructions.
Section v. The City shall in no way be liable or re-
ep8nsib].e for any liability or damage that may occur in con-
neotion with the exercise by Grantee of its rights hereunder
including the construction or maintenance by the Grantee of
its gas mains, supply pipes and necessary or desirable appur-
tenances, and the acceptance of this franchise shall be deemed
an agreement on the part of the said Grantee to indemnify the
said City, and hold the said City harmless against any and
all liability, loss, cost, damage or expense which may accrue
to the said City by reason of the neglect, default or mis-
conduct of the Grantee in connection with the exercise of its
rights hereunder, including the construction, operation or
maintenance of the Grantee's gas mains, supply pipes, and ap-
purtenances..
Section VI. The mains, service pipes, and gas system con-
structed under this grant shall be constructed and maintained
in accordance with established practice in respect to such con-
struction and maintenance.
Section VII. A11 gas manufactured and furnished hereunder
shall be of standard quality and uniformity and, subject to
the supervision of the City Commission of the City of Miami
or of any State Commission having jurisdiction, shall have
such heating value as shall correspond to and be in conformity
with good and established practice as to gas manufacture under
substantially similar conditions throughout the United States.
t is agreed that gas so furnished hereunder shall have a
heating, value of not less than 550 %T.U. per cubic foot, un-
less and until, the same shall be change,i with the approval of
ouch City or State commission,
.3.
Section V111. Subject to reasonable minimum charges
and service guarantees the Grantee hereunder is authorised
nd`empowered to establish a t et charge for gas furnished
during the first five years of the life hereof at a net rate
of One Dollar Ninety MOO) Cents per each One Thousand
WOO) cubic feet of gas furnished. After the expiration
'ef' eaid five year period Grantee's rates for gas furnished
shall be such as to yield and enable the Grantee to earn
and pay from its gas revenues all the costs oC gas service
rermdered,including maintenance, taxeu, insurance, rentals,
all reasonable and proper reserves, such as reserves for
judgments and claims, uncollectible accounts and rep lace-
raents and depreciation, and all other items not chargeable
to property or fixed capital account in accordance with approved
accounting practice, and an annual return equal to at least
Ten (102) Per cent. on the contemporaneous rate base. Said
contemporaneous rate base shall be determines as of any
particular time by adding to One Million Three Hundred Sixty
four Thousand Six.Hundred and Thirty Seven ($1,364,637.00)
Dollars, being the ascertained and found value of the property
of the Grantee used or held for use in rendering gas service
on the let day of May, 1924, the total cost, of all additions
thereto or improvements thereof subsequent to said lst day of
May, 1924, including proper allowances fox organization, as-
sembling, property development, working capital, financing and
all costs or expenses not chargeable in accordance with ap-
proved accounting practice to operating expenses or to the
reasonable or proper reserves above referred to. Whenever,
after the expiration of said five year period, the return
earned. hereunder by the Grantee for any calendar year shall
Si
be in exceea of an annual return as hereinabove defined of
Ten (1O) per cent., One-half (1/2) of euoh excess shall
become due and payable to the City and shall be so paid by
the Grantee to the City, on or before March 1st of the fol-
loxine year, * and whenever, after the expiration of paid five
-4,
year period, the return earned hereunder by the Grantee for
any calendar year shall be lees than the annual return as
hereinabove defined' tit Ten .(ic%) . Per cents, Grantee shall be
entitled to reimbursement of such deficit together with the
return thereon out of Grantee's subsequent earnings hereunder,
before any payment hereunder shall thereafter beconme due and
payable ;by_Grantee to the City and the deficit so incurred
for any ouch calendar year may be carried on Grantee's books
as such.4 Any excess earned, or deficit incurred, an the
case may be, by Grantee for any calendar year over or from
the e'en (10) Per cent. annual return herein authorized, shall
be given full consideration for the purpose of determining the
adequacy or propriety of Grantee's rates established from time
to time for gas service hereunder.
It is the purpose and intent of this provision to
maintain, as nearly as practicable, after the first five year
period hereof, a basis of charge that will yield the cost of.
service -and the Ten (10%) Per cent. return as hereinabove de-
fined, and Grantee shall, from time to time, subject to the
lawful regulatory authority of the City or State Commission
having jurisdiction, adjust its rates for gas service in such
amanner and to such an extent as will conform thereto.
The books and records of the Grantee appertaining
to gas service rendered hereunder shall be open at all reason-
able times to the inspection of the duly authorized repre-
sentatives of the City and within Sixty (60) days after the
close of every calendar year the Grantee shall file with the
City a statement of rate base and earned return, during said
calendar year, ac d the City shall have the next succeeding
Sixty (60) days after tie filing; ofsaid statement in whioh
p' Tority the game and to deliver to Grantee in writing; the
specifications of its exceptions thereto, if any. In the
event such written exceptions are not so delivered said et4te.
went shall be considered approved.
Election Tx. acid City agrees to pass all ordinances
necessary or suitable, both for the reasonable protection
of the rights„and ,property of said Grantee, and to enable
said Grantee to enforce any of said Grantee's reasonable
rules , and regulations for the management, operation and
o'ontrol of the service hereunder and to pass any reasonable
erdinanoe:or ordinances that may be necessary or suitable
in order to fully'confirm to said Grantee the rights herein
or hereby granted or intended eo to be.
Section X. Grantee's pipes or other :Weans of convey-
ance of gas hereunder shall be located subject to the super-
vision of the proper City Official, and installed, at
Grantees sole cost and expense, in such a manner as not to
unreasonably interfere with any sewer, gas or water pipes
or other public utility service previously constructed, and
after the location and installation of Grantee's pipes or
other means of conveyance of gas shall have been fixed and
established; the City shall not permit the same to be inter-
Xered with except without cost to Grantee and then only upon
condition that any necessary alterations shall be made under
direction of the Grantee herein in such a manner as shall
not permanently impair the rights hereby granted nor unneces-
sarily interfere with or injure the present or future struc-
tures, operations or business of the Grantee. Provided,
however, that nothing herein contained shall be construed to
make the City ofMiami liable to the Grantee for any cost or
expense in connection with the construction, reconstruction,
repair: or relocation of Grantee's said pipes or other means
of conveyance of gas hereunder, made necessary by the widen-
ing, grading, paving or otherwise improving by said City,
os "Gay` ct the present and future streets, avenues, alleys,
highways, bridges, easements and other public places used
or ocaupiei by the Grantee hereunder.
Section XI, Thie grant shall at all times be subject to
the right of the State of elorida, directly or through a con -
we.
JEM
tannin or similar body, to regulate rates and service here
under and all rules and regulations of the Grantee appertain..
tng to the relations between the Grantee and the Consumers of
its gas service hereunder and all gas ratei and ashedules for
gas service hereunder adopted hereafter by the said Grantee
shall be subject to the exercise of such lawful regulatory
,authority, provided, however, that nothing herein contained
shall be construed as waiving the rights of either the City.
or the Grantee to review in the courts in each manner as is
now or may be hereafter provided by law, any findings or
orders that may be made affec Ling the rights and/or obliga-
tions of either party hereunder and subject to said lawful
regulatory authority grantee may make and establish from
time to time reasonable rules and regulations relating to
the furnishing of gas service, to the payment of bills, to
reasonable gross charges and interest thereon for service not
paid for when such payment is due, to the terms and conditions
covering-theextensions of its mains and service, to the de-
termination of minimum charges and service guarantees, and
to all other matters having to do with or arising in connection
with the rendering of gas service hereunder by the grantee.
Section XII. Failure on the part of the Grantee to com-
ply in any substantial respect with any of the provisions of
this franchise, shall be grounds for a forfeiture of this
grant, but no ouch forfeiture sill take effect if the reason-
ableness 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 said 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
sifter .ticfinal determination of the question, to make goad the
default before a forfeiture shall result with the right in the
City. Commission at its discretion to grant ouch additional time
to the Grantee for compliance as neoesattiee in the ease require.
-riukagAggit •
Section XII/. the Grantee is hereby given the right and
authority to make asbignmehts of this right, privilege and Atts,
thority and the rights thereUnder, all attoigneee tobe bound
to the same extent as the original grantee.
Section xrIts This ordinance nhan take effect as soon as
it shall have been duly approved and adOpted as reqUired by
1?.deepted ae required herein.
=
ection XV. StmultaneousIy with Grantee's acceptance of
this franchise, naid Grantee shall surrender to said City oC
all of its right, title and interest ih t.nd to that cer-
tain franchise grantea by the City of Miami, Florida, to the
Miami Gas Company, its successors and assigns and passed and
adopted by said City September 6th, 1906, together with. Amend-
ment of same known as Ordinance No. 285$ and the said City of
Miami, shall thereupon accept said surrender upon its terrier to
said City and immediately thereon said franchise, together with
the said Amendment thereof, shall be null and void.
ibtiOn,XVI. All ordinances and parts of ordinances in
•.onflict,herewith (particularly those certain ordinances referred
to in Section XV hereof) be and the same are hereby repealed.
Section XVII. Grantee shall pay all expenses in connection
with the publication of this ordinance and the holding of the
election necessary to the adoption of this ordinance, and said
Grantee is hereby required to deposit with the City Clerk, the
sumof Pour Hundred ($400.00) Dollars for the payment of such
xpenses.
Section XVIII. The Grantee shall file its written accept-
ance of this franchise with the City Clerk of the City of Miami,
Florida, within thirty (0) days after it shall have been duly
approved and adopted as required by law.
*aSSild-and adopted this
(lay of
ait
A.D., 1924.
t.PriedRii aelit!e Oki •tb ded.thebil[ah•
titre tinder bubbtahtlatili- Mintie.ir
futnis�lbd hei:oundAr, shill �aVd a•
lee of not lees- than 560
23 T t�t, net CUbiC fokft, uFli�fhti Mid
with ai �'b�tvf 1 0[ each City or
$,trios 'ts'iit.• �uhiect to fe h
silt. tnifliitlUtit charge, and eeft•tce
the' C4fa rep hereunder
Alter the expiration
cirditiotts throUghou ' t d . tfhltefl
rotates It !b agreed Alba be lid
once with approved accounting
practice. and en anneal. return
equal to et�.least • Ten (10%) • Per
bent, on. the cohtetnporaneoua'rate
Moe, Said contemporaneous . rate
bare shah be determined as of any
}}t,nrticulnr time by adding to One
Million Three Hundred Sixty Pottr
Thousand Six Hundred end 'thirty
Seven (S1.364.637.001 -Dollars. being
the nscertnthed find found value of
the property. of the Grantee used
or -• held for use ih rendering gas
service on the let day of May,
1924, the total cost, of all additions
thereto or improvements thereof
subsequent to said 1st day of May,
1924, Including proper allowances
for organization. assembling. prop,
erty development, working capital,
financing and ail costs or expenses
not chargeable in accordance with
approved accounting practice to
operating expenses or to the rea-
sonable or pro er reserves above
referred to. Whenever, after the
expiration of said five year period,
the return earned hereunder by the
Grantee for any calendar year
shall b n -gees- of an annual re -
Section XI. rhts=•grant shall at
all times be subject to the right
of the State of Merida. directly or
through a commission or similar
body to regulate 'rates and serv-
ice hereunder and all rules and
regulations , of the Gruntee apper-
taining to `the relations between
tiro Grantee and the Consumers of
its , gas service hereunder and `ail
gas rates and schedules for gas
service hereunder adopted here.
after by the said Grantee KM') • be
subject' to the extrclse of: such'
lawful regulatory authority, • pro«.
vided, however. that nothing here:
in contained. shall be construed . as
waiving :the rights . of .-eeither,. the.
-city or the Grantee to review- in
the courts - In such manner ' us ' is
now or may be hereafter provided
by m w, any findings or orders
,hat may be made affecting. 4.he
rights and or obligations of either
puny hei'euudoi•' and subject to
said lawful regulatory ,authority>
iirantee may make and eatublielt
from time to time teasunuble rules
and rt'ktulutions minting to the
� 4f,• a b,{te 1' ee, te. u�3
' p�4t9 • f r M�ll�, �� " '�nai iq
grass charges "and dpteres �t1t Poepji
for service not tpald,: for avneti:'Mgt b
payment- is"'due:•:to'the term*!-euitd•
conditions. covering'` the extension
of its shins and'set•viete to the •dot
termination. of :minimum charges
and service guarantees, . and •:tp all
other= Platters- • tilt tz:4q,a _
or arising in,'+cogp iou tv_
rendering of • gasl;,seJ'Yi
our. by the tiruntee ,,,-•
election XII. Miura _
of the grantee t.o =
substunti,a1 respect :' = w,
the provolone of • thie f
shell .bit 'grounds ter:li,:;:;tP
of this : brunt, • but tlo ,.p-
feituro sliiill take • efft•,.....
j'oasonaltleneee • •or . •top iofr
of ,ir~ protested. by- tba.� ea
tit u court of ooippe , tp :fin.
teen. twilit. right- :0e:::*,,p
with -041Y .0f the pray
here -0IX 46) months
4/711 Ica 1:11:04-1417%1314 rel drtelb itri t
Merl the 'Ailifttilfatidli floe
,:tettien-iltel•hyeitiaboVe
vity end the deficit so ineufred
Ter arty itueh eitiendar Year May be
totirred,- -an the -moo tufty be, by
(Itatitett for any calendar yent•Over
wiihtlal-- return herein authotieed,
'adequacy: -Or propriety, Of Grantee's.
tittle tor gait' NerVlee .heteundor.•
Is the pui-Pcise end intent'. of
"Met. five yenr period hereof.
‘b, eels of charge thet will yield the
*net of • pervice- and the Ten (1.0t7-
defitted, and , Grantee from
time to 'time. subjeet" to .the law.
Cite.: or State Commission having
jurisdiction. adJunt its rates - for
gas eervice Ruch vomiter and
to such an extent as will. contort:1
,-,The books and recorde • ot the
Grantee appertaining to gait serv-
ice' rendered hereunder ,shall be
opened at _all reasonable, Chien tb
the inspection of the duly ,.autho-
and within Sixty 460). days after
the - close of every Calendar, veer
the Grantee shall ilia.. with the
City a statement -of rate' base and
earned return, •during said calm.
der, year, and the CitY shall' have
the next succeeding Sixty (GO)
dal% after the filing of isaid 'kat°.
and -to deliver to Grantee
welkin to grdtit :Such add
section_ The ,
orehY, given the right' and atititor.,,.."
et rights thereunder. all assigneett .'t
be bound to the mono extent att.
r original- grantee -
Section XIV.• This ordinanee
ull , take.- ,effect at.. peon as it
halUhave been- duly, approved and ,
(Opted: as required by law and
Section XV. Simultaneously with -
rantetes' acceptance of this, frau-.
Mom said Grantee 'hall surrender ,
etein-lramehlse, granted by
h „pity -of Mann, riptide, to the
11906, together -with Amendment of
;same known as Ordinance No.. 286. ,
and the said ••City et Sliami. shell
;thereupon ateept said. surrender
,vpon Its tender to eaid- City and ;.)
Immediately thereon sold frau- -
tOgetiler with the _ said
Amendment thereof, shell be null
parts .of ordinance% • in conflict
OM XV hereof) be and the saw
Zeetion XVII. Grantee shall Pe),
all expenees in connection With
the publication of this . ordinance
and the bolding of the, election
emissary, to, the allusion ,of this
ordinance, -end Gruntee la
bereby required to deposit with
the city Clerk. the sum of totter
keyteent 'at suet, eGeonseL
file • its ; Written aceeptence of CIO
been -duly approved ttItti, edo,p1.041
1 ,a', ,. 'wnrke,
rlt atnd • all 'fteeeetlitt'y tit
re r- ahlurtet dices tot . the
tutu ` ire 'cr "et8faire or
sae ,III fife, City. of. Mlatnl Pieta
deae"arid ttd •con111;tent, eats li,, ohs:
•ibrasta;; ittd .biltih Ina ',I under,
=tipOh''•,wet' aid . itbrose' ,the pith.
1�t eh(� future - etfebte, nvenueb,
' aile�e, , h ithWItYe, _bridge,, eases
Hwy. : arid. of of • ltub lc lobes
#lento
s''3n' thd• City tYf 1►tiai:'hilr orlde.,
elttd •,Itb Jtueetitniere. gl inalne
Ithd tt1inlY nitwit todetittet With
11= tie , neeeesttPY or deblfribl
Itheilitetittancee for -the $hrpoee of
: tonne -mg, •tliatributlhg, : sUppl a
•tlhgd.lard, eelllhg. gait;; t Said clay
Mt •itb auatleseete, .: the, �, ihhbbta:
tante thereof, tied Id pelaohe and
rr»»otgtititte i:beyehd the"<Itfnitb
• 311e ifi lyrfor 1ghtr heat,~ hewer
w) ' ; Pall, ti er, ,. Stir ogee ihtpobing
{elPtt V iiahe x :ilia,•• conditions . telat=
nA'theretbi' and', including - .; aft
reblliOlt; bY• atbtee:,to-.indeill.
ty",:and :,hlold,••:the. %aid cltY
rMleellinalhet,tiny
'Y.and elllia•
itty.,106e,- etost,'dg eiage •nor exa
nee ithteit magi, aterue'tb Paid
.y reaeoa of , the .:neglect.,
tt er :ttiteeond`unt .ref.:•.he
granttee°-`iiii::eonnectlett",,with the
01▪ l1311
Its rl htb y P3 Ci a
IONs OP .s'CIT"1' ;F,•
RIDAt+r,a'.'':n; t.,, ?...,,
n a.1,i,•",.Theta •ill,.-lierebi'
(i FFioridi•::PoWer, ac"• Light
Its.bueee sore .r anb •''i 'ital.
erein' taiailed:1,,the .Oranteeil
itt�**DrMie a^:.i'or t franchise
"lull*peeled: if Thirty^(i0).
In„:the 'effeetive date here
maintain, egtuip-
�la1ttl .w kit,and.l
Pe,`att -Allteeeeeary or debit.
:app e urtenaneee for the Menu.
fire-=:andtor storage of Ras in
trite City. of 73316.tni, Florida and to
conbtruot,equip, maintain and ap-
israteAn.-4".under. upon, over.. and
Itittrosir the,+. present and future ;
Steeettf, Vehueb, alleys. highways, i'
iites,': easements, and'other pub.
pplaoe$ ia,'the City ,of liaml,
t$da, • and its successors, gas
e altis>r°ab 1 supply :pipes, together
fietthris1P,the necessary or desirable
ptirtenances :rk• (including service
tioanections, . curb : boxea,kmanholes
tors, drip* pots and control
ass) for the • purposevof con-
ng,.°4Ustributing. suptilyitar and
ing thanufaetured an ier.. natur.
•,gas to said City and -its Pliocene.
ors,ti. the lnhabitante thereo , and
- and ,: corrpporations -:' beyond
641lnolte thereot.;•for light,'; heat,
war Pend," other : purposes. This
rant is made In consideration of
ttne construction, maintenance and
operation of the gas mains ':And
supply pipes by.. the Grantee ,here-
in provided for.. and for tbe:ben-
efits and;; -conveniences to thei .in-
habitants of said City as a result
early=ias practicable -after sue
cavation: or dehisce,. be, replee
al -goad condition as It',Was .lit
time of :. Mien. excavation or *_
age. • .. • tt :••
�teaasonnble Preeautionb s for' t d
•safety of the public at . all Open.
Ings, eXcavatibnn or obett uctlohs
made by Grantee in said present
or future streets. avenues. alleys
highways, bridges, easements and
other public places in the City of
Salami. Florida. and shall protect
the same during the night time .by
red lanterns or other suitable ei _ .
nets In sufficient number to mark
plainly such openings,excavations
or obstructions. -
Section V. The City shell in no
way be liable or responsible for
any liability or damage that may
occur in connection with the peer-
-eke by Grantee of its rights here-
undder Including the construction
or, maintenance by the Grantee of
its gas mains. supplyy pipes and
necessary or desirable appurten-
• ances and the acceptance ofthis
e an
Mg' .the specifications of Its ex.
ceptlons thereto, if any. " In the
vent , such written exceptions are
not so delivered ''said statement
hall," beconsidered approved.
Section IX. Said City agrees to
ass all . ordinances necessary- or
suitable.' both for the reasonable
elect on'-11. The City of Miatnt ,Protection of the rights and prop.
etereby ° reserves .the right at or eery of said Grantee, and to enable
j�1ic�. ...o ,th Pr p Y Id
rsnteo' used under this grant as regulations for the management,
vidod by the i3tatutes o for
tteatin ;va
until ',the bathe, shag be c hanged
the 1
State •co1Um o t.;
nco�a
Uaratttees,. , n
is authority itnd•,-empowered . to
establish a het charge for gas
furnished Mirth* the. ftrbt ", tive
yoarlta of the lire hereof fit• a het
rate.:of:.One b61iAr.Ninety (jl.9o)
t.,entd -per each. Ohc ThoUsaha
(1000) •cubla feet- Ot gaitarnished:
of said five
year period Grantee's rates for gar
furnished shall be .such as to yield
and enable the Grantee to earn
and pay. from its gas revenues all
. including otnaintenafi e, tittcci',oritt=
burance, renting,, nip rnasahahle and
li er rewhrvice, ueh ne rererveM
"° f " ' ludKtnettts and ctfiims, uncol-
1►tielnl' l47.eitbavated `or dalttaged hy: 'lectlsle accounts and replacements
Grantee 1ty, ; reason ' of - such ;work,. ,and depreciation, and - all other
cueh,.•ctreet;•:or', public place :°,hall;",items not chargeable to property
a withlh .=a reaeonabte'time. -in as; 'Jr fixed capital account in accord.
e
tersthe expiratiowef this grant. as ttrantee to enforce anY of
0 o art of the 'aatd Grantee•, roasonublo rules and
p t 1 - ,operation and control of the sere -
IA din:etreef at trio time of Gran- pica• hereunder and to pass any
al reasonable ordinance or ordinances �qes attceptanco hereof, includin - that• may' be, necessary or .suitable
?1gDcdtln 1844 •of the Revised. Gen.
•eral;> ttatutes of Florida_ of 1920, do older to fully unflrm . to said
And as -a ;'condition precedent to Grantee the rights herein or hero.
e taking' effect of this grant. the by grouted or Intended Ho to be.
rantee ..shall ' give and grant. to Section X. Grantee's pipes or
e.'"CitY• Of- Miami, the right to other inerane of conveyance of gas
�„purcbase,., so ':reserved. reserved. Grantee hereunder shall be located eubiect
diba311Aae•deetned_to have given and to the. supervision of the. proper
• ted�yi ohasirtht_• t'•purol/asp;bv City Otfh'luta, and tnetultnd tit
o sacs once Prue e cost and expense,
a ,�t h ,"Cruntens sole it
1
n 4lil,-Ali:.work done 'in. such it matnitf as not to unreason.
(r,".slaty 'over:. -and • across the sill interfere. with any .awry, gigs
t. and `d,tuture : streets. ere. or°*.watprp .'"pints-xror.� d b
aeuea;•"'silage; lilgihwaYs, bridges. lucilitlt . aervgoe .,'p 0 e eon.
•�raseteteats • bad*other jniblie places istruated: and after , e'•lbotitlon
*In:: the '• city, of Miami, Florida, ;and • tnetatlation of- •Grantee's �"pipes
eteunder, for the purpose of ear, or other means of •convoyande of
.Out the Vovisions of this. gas shall have been fixed and'es*
e done and far. established, the Gay sh 11 not per-
-mit the saine to , belt -interfered
.interfered
Y upon o n
it1►' seerpt without oo to. bran*
-ee and their nn1 . u io a nAItio
that any tteaeesury, iaiierutiona
{ghWl be made -.under direction: of
Y. 0otlranteo hero p :ii: suck a man.
nor ita .ahull not permanently im*
pair rite rights hereby grunted nor
,unnecesteully interfere with or in,
Jura ;lie present or future strue.
�' L air urif �tperatiena or tluainoaa pf
itti t�► construed
complier, in eons.: the to Hittite the City of
gotioq,;,o a11on or inaiuten* atnl iiabto. to the grantee for an ,
thof r toe'ta art,,,sloe.post or oanonao in connection wit
4M- Kpptllants (Cite cons ruction, ►Taoaatructiota,
i)ney 'The and nM. ape 'lpatir.ar ;elocution of tlruntooes
the
*pea, ,lei .. Provided. that
e, Grant in }a oan, tires hotveve ,
e exerWra of ltal nothing Ivied, oontulttad stiali be
4 : sY#em •aonsUoted
rant shall be son*
4 . 4nsdntelnod ' In liar
irhesi rut tics
i $niat4tgn 11nq
tnanufaoxh►lt�tt, ;'el ei . 1t1 llwai'it, 1tr14tioi.:
**rounder os:eeasen fluid other public places
Wilily Aim, mood or *coupled by trip tirtaitoo
the su* hereunder.
Voiliathielon
si) ' Nrisdipv
of Yeat
erotica of sits hereunder. Made
nic by sold oitv. ear the
ond future
IlLESALLAPA
,f,. ItplIDI*IdANtla
RITIVRAGE : Or ,
NTILID CITY Or ranami,- mon.
AND $iTIO .:CONSTRUCT;, 'EQUIP,
NATIMAND:SAINTAIII!'„ViiZtit..,
.=, itvfirdittP4itriitr.ftykritign
'15 T ilLt sv--4 "BlitifidiNve
,,'HIGHIViirtititic DGElli
.ii PUMA° v, ram'.
';•4 IV ITV.. Olr MIAMI. . vuontr4;
'2' AND 'I SeCCESSORS, liAS MAINS
,A,ND - ft rur,, PIPES. TOOPTHgH, ;
- . WITH , L Tr NECIfilcApia: lkaAtt
'.,.' DhoSIHABLE: A PORTEN
, ' DISTRIDUTING.; SUPPLYING
ticii,pasat'CIAIIIsTC- StAII;NDC,4r9ITIt::ENDT0.,
TtA-',,AND,,- 'i. INHAD•
,..
; ,,, ,- , --77-4X1 OIIATIOIsE ..A! IMO
1 Imam .rtcoiss POTt
-• ."11, MITI JUSATtePOVVEn, tumAND. ER 1 •
,'„ 05E13 , 1 ORINGL.pHOVISIO B .
'4: • • 1
1 V.: :,,...,•14Dx ___QNs__-.,-,- ii SLAT t
.14.Apip - . um CLAMING . N
t • : t,tallbratorr;i0RANTEIII-T0' I •
A V tiOLD ';- THs1-4 SA
,,IL •;_-_%AGAIN 4 1. AN
1A1A.; MD rrY ..t Lipp
o .-- It •',..,. '
T. , )111..
iiNr4111
OIB OFtT� RIGHTS
IMOD 'Br COM*. ••t•,,T,
CITY-t9
to
-4404,i:comp:tor) its
therein callea' the
• rivilegs or ,fratl.':
od ot Thirty (80)
ective date hoed to
ititd:s.oner,•;"
said • bolder* ; •
esirable 'appur'"," -
,titapture ..2.fr7 :7"
STATE OP 1LO/111)A
884
COUNT? OP DADE
1, O. IL Russell, Publisher and tusiness
lganager of The Miami News, a newspaper
of general circulation published tit Miami,
Dade County', Florida, do solemnly swear
that an advertisement or notice, a trite copy
of which is hereunto affixed, was published
in said newspaper on
•
No,Oab$r 6,1924
}-i
Subirihed and sworn to before me this
...7 ....... „day of .
.411:
Notary Mblie.
...... 9-/
My commission expires
tERTIFICATE OF INSPECTORS CTORS A D CLERK
(Special 1 1eotion Jatttt 7 6th, 1926. )
(Cit oi+ Miami Florida. 1
STATE or rLo&IDA )
COUNTY or DADE ) SS.
CITY or MIAMI )
We, the undersigned, Inspectors and Clerk of a
Special Election held, in the City of Miami, Florida, in
a000rdance with the provisions of Law and pursuant to Or-
dinance No. 287, passed and adopted November 18th, A. D.
1924, for the ratification or against the ratification of the
following question:
"Shall Ordinance No. 281 adopted by the City
Commission of Miami, Florida,' on November 4th,
1924, entitled: .
"An Ordinance granting to Florida Power
& Light Company, its successors and
assigns, the right, privilege or franchise
for the full period of thirty years to
construct, maintain, equip and operate
-a gas plant and works, gas holders,
and all necessary or desirable appurte-
nances for the manufaotU '"and/or °tor -
age 'of gas in the City of Miami, Florida,
and to construct, equip, operate and
maintain, in, under, upon, over and across,
the present and future streets, avenues,
alleys, highways, bridges, easements,
and other public plaoes in the City of
Miami, Florida, and its successors, qae
mains and supply pipes together with all
the neoeaeary or desirable"" purtenaneeo
for the purpose of conveying. dietribut-
ing, supplying and selling gas.. to said City and
its euooeseors, the inhabitants thereof,
and to persona and oorporations beyond the
limits thereof, for liF ht, hest, power and
other purposes, irnoosiug provisions and
conditions relating thereto, and including
an agreement by grantee to indemnify and
hold the :Laid oitj harmless against any
and all liability, lose, cost, damage or
expense which may aoorue to said city by
reason of the neglect, default or miscon-
duct of the grantee in connection with
the exeroi se of its ruts, h ereaader." ,
granting a gas franchise to Florida Power & Light
Company, its .suooeesors and seeigno, be approved?
do hereby oortify:
THAT.
tallote were oast at said. eleotion;
111AT 4/er Votes were oast 10011 the ratification
of the above qUeOtiOtil
THAT 40 Voter were carat AGAINST the ratifica-
tion of the above question;
AN-) THIVr Ballott were thrown out and not count-
ed on account of being marked on the wrong side or other-
wise defaced or footled.
'aITNESS our rignaturep this 6th day of January, A.. D.
1925.
C-12147-1"frt
Inspe7
Inspector.
Inspector.
s
•
t
City Cleril
City of Miami)
Miami) Floridas
Sir:
January 17, 10iB.
Florida Power & Light. Company files with you here -
'
with the following documents:
1. Written aoceptance of Ordinance No6 281 approved
by the electorate January 6, i928.
2. Surrender of all of its right, title and inter-
est in and to that certain Ordinance adopted September
8, 1008, together with amendment thereof known as
Ordinance No. 285.
Please acknowledge receipt of these instruments on
the duplicate original of this letter.
Respectfully,
FLORIDA POWERJ4C WHT COMPANY
By
florid& rawer & Light Company,
Mialsi; Florida.
Gentlemen:
This is to acknowledge reoeipt of the doouments
described in the foregoing letter this 20th day of January,
1928, which have been filed in this office and reoorded in
Minute Book 14 at Pages 383 and 384.
Yours very truly,
Miami, Florida,
January 20, 1925.
City Clerk
L
rliaMMEIMMININ
City of Miami,
Miami) Florida.
Florida Power & Light Company does hereby accept
Ordinance No. 28i of the City of Miami, Florida, approved
by the electorate of said City on January `Cy 1925, granting
to Florida Power & Light Company, its successors and assigns,
a Gas Franchise, and all the provisions, terms, and condi-
tions of said Ordinance.
This instrument is filed with the City Clerk of
the City of Miami in accordance with the provisions of
48 ation XVIII of said Ordinance No. 281.
4,.iliet'..c�
r
i •
(� s r
cAtt
w
4
.r; Ury.
"fraWi'tae
mt. IMO
FLORIDA POWER/}& LIGHT COMPANY
/�
By
Pres
1,�
t OP iruuRIDA)
COONTY OP DADE a
•
•
Oft the /7 day of before me personally came S 6 R. Moil) to me known, who,
being by me duly sworn, did depose and say that he
resides in New York) New York; that he is the President
'f-the Florida Power 81 Light Company, the corporation
described in and whioh executed the above instrument;
that he knows the seal of said corporation; that the
seal affixed to said instrument is such corporate seal;
that it was so affixed by order of the Board oftirectors
of said corporation) and that he signed his name thereto
by like order.
4t.,;t
‘11" A j.,,1k • V
11: r)#1t24:;""
4t*Iitn L‘t
•
44.044,4
...
-401111)"'
Wary Public, StattTi3at
My Commission I 1;;;tet
—i'4'
-
,AL tat PISSENTN Thet the
o!id
e.Powr4 Light Company has surrendered and by
theta presents does surrender to the City of Miami,
Florida) all of its right) title and interest in and
to that oertain franohise adopted by the City Council
of the City of Miami on September e, 1008) and granted
to the Miami Gas Company, together with amendment of
ire known as Ordinance No. S.
This instrument is made in accordance with
the provisions of Section XV of a certain Ordinance
of the City of Miami, Florida, known as Ordinance
No. 251, which was approved by the electorate of said
City of Miami, Florida, on January 6, 1925.
In witness whereof the said Florida Power &
Light Company has caused thi instrument to be duly
xeoted this /• ..7 day_of
t (AIDA . .. ........
FLORIDA POWE
By
1
p 1925.
HT COMPANY
President.
•40,••••••10
6
,....44414414444.044414.1See
AT•E 0 PLoRIDA)
COUNTY Ot DADE 5
SS:
On the /7 day Inc
192jr
before me perionally oame S. R. o •# to me known) who)
being by me duly sworn, did depose and say that he
residesin New _York) New York; that he is the President
of the Florida Power & Light Company, the corporation
described in and which executed the above instrument;
that he knows the seal of said corporation; that the
seal affixed to said instrument is such corporate seal;
that it was so affixed by order of the Board of Directors
of said corporation, and that he signed his name thereto
by like order.
. ....
s-':tv:....! ...... ."..,..,.
,:--. ..... i'.':::‘,-...',..<:','•;-
,..,...4. N.
t•-
:-.. 1,1; tvi .
(I r 1 ‘,‘,•4:t ,
.-...t,
.1:-.....,,,
., 64.,..:, . ...,....f.,,F.:
4.. ),,I,,,U1111%.,.•:".:
,-.,,..:‘,,,:f.!'”:..,**,,.!..:`,::
No'ary
0
In Checking through our !ilea, ire find that
the Gas Pranchiee granted to the Plorida Power end
Light Company►, which Pranohiee was approved by the
eleotorate on January 6th, 1925 for a period of thirty.
(30) years, will expire on January 20th, 1955•