HomeMy WebLinkAboutR-01593ethMEETIMMISIESING OF
JUL 2 9 -1:1 !
mom Mo...QL? e.
Rh80LU`SIOl NO. 1693b
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WHERUS, THE FLORIDA POWER & LIGHT COf2Affi i hereafter
called the Company), or oertainp+ersone or oorporatiorie affi
ted with it, have agreed to supply. the City's street. rail
system with electric. power and energy neoeesary for the opitatt
of the same, including oertain extensions to said railway system,
which extensions cannot be operated with the eleatrio power..and°
facilities now available; and
WHEREAS, the Company, or certain persons or corporations'
affiliated with it, have agreed to supply electric) power and energy
to the City's pumping plant at Hialeah so that the inhabitants of
said City may have an ample supply of water for domestic and other
purposes; and
WHEREAS, the generating plant of the Company is so locat-
ed that in order to supply said electric power and energy for the
rurposes aforesaid it will be necessary for the Company to con-
struct said electric light and power transmission line partly.
within and partly without the City limits of the City of Miami,
Florida, and hence to procure a right to use certain streets in
the said City of Miami for the construction, operation and main-
tenance of that portion of the electric light and power trans-
mission within the City limits; and
1-1E :l:_•3, said Company has submitted to the City Commission
of the City of Miami a proposed form of franchise giving and grant-
jn r unto the Company the right to construct the electric light
and power transmission line as aforesaid; and
in order to give such franchise right to the
Company it will be necessary for an election to be held thereon;
an d
.dHE, the postponing of the construction of said sine
and the delivery of the electric power and energy for the purposes
af�s:id will be naterially delayed unless the construction of
said line is undertaken forthwith without awaiting the result of
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ITEM NO.. I I
full oleo ions, OVA : Os o
inoonvenienoe end detrisen
ot; and
agansit4, it is essential in
. lioient service both to the. City's replay *J$t•*
pumping plant at Hialeah, that construction be ootAeMet
ately on said electric light and power transmission line
that it may be built and placed in operation at the isaritois
possible moment; and
MESAS, AS, the Company has represented to the City
has placed large orders for material and egnipMent tor, and:.
now on hand sufficient of said materials and equipment with shioh.
to commence the construction of said electric light and power
transmission line, and in addition has procured all the necessary
rights from Dade County, Florida. to o onstruot said electric light
and power transmission line from the acid limits of the City of
Miami in and alo.:b tr;e public highways of Dade County to the City's
pumpiug plant at Hialeah, and is prepared to proceed promptly
with the construction of that portion of said line; and
:r.HER.AS, the Company has expressed its willingness to
proceed with the construction of said line within the city limits
of the said City of Miami in order to facilitate prompt and
efficient railway and water .pumping service if it can procure the
proper protection from the City until such time as the Company
shall procure a `ood ana valid franchise in accordance with the
reouire.aents 'ye Statutes of the State of Florida and the
Charter oft .e Cite of Miami, and in addition has agreed to con-
struct all that portion of said line from the east end of the
bridge or viaduct at tr,e west end of Causeway Hihway to the
western Bide of the railroad tracks of the Florida 'east Coast
Railway Company located at NW 13th Street and NW let Avenue by
means of underground conduits, wires ana cables,
NO.l, THERi:FORE, BLIT i OLV D, that the City Manager be
and he is hereby authorized and directed to sign, execute and
deliiver for and on behalf of the Oi tt if
agreement with plrida. Power, tit,, Isight ,C;Iefe
conditions expressed in the form presented
said form being as follows.:
THIS AGESMITT, made this
by and between the City of Miami, Florida, a Amnictp
tion organized and existing under the laws of the $tete ;t
Florida, (hereinafter palled the City) party of the first part,
and Florida Power & Light Company, a corporation organised ant
existing under the laws of the State of Florida, (hereinafter
called the Company) party of the second part:
WITHESSETH:
That for and in consideration of the mutual covenants and
agreements herein contained, the parties have agreed as follows:
A. The City trees:
1. To .license the Company to construct, operate and main-
tain au electric light and power transmission line in the form
adopted by resolution of the City Commission July 29th, 1924, and
attached hereto and mar::ed Exhibit A.
2. To defend any and all actions either at law or in
equity that :ray be brought against she Company by reason of the
constructions, operation and/or maintenance of said electric light
and po'..er transmission line, unless and until the Company shall
have been granted a good and valid franchise in the form attached
hereto and marked exhibit B.
3. In the event a good and valid franchise in the form
hereto attached and marked Exhibit B shall not be granted by
December 31, 1." 24, to purchase from theCompany ou or after such
date on Company's demand, that portion of said eleotri o right
and power transmission line lying in and being between the east
end of the bridge orviaduot at, the west end of Cages
way and the City limits- at N.W. 20th Streeton8,.L f...'.
Avenue, whenever the City shall be so required by thte Oda
and to pay therefore to the Company on its demand the cert.
thereof plus legal interest, and upon suoh payment, to enter
into an agreement with ,the Company for the use by the Company
of said portion of said electric light and power transmission,
line for a period extending so long as that certain Agreement
dated July 17th, 1924, between the. City and The Miami Beaoh
Railway Company, or any supplement thereof or oontinuation
thereto, shall be in force and effect, or so long as that
oertain contract dated June 10th, 1924, between S. R. Inch
and the City of Miami, providing for the supply of power for
pumping City water at Hialeah, or any supplement thereof or
continuance thereto shall be in force and effect, whichever
shall be the later date, and said agreement to further provide
for an annual eayment for the use thereof, to be made by the
Company, equal to the reasonable interest and depreciation
charges on said portion of said electric light and power trans-
mission line as determined by mutual agreement, subject to
arbitration.
B. ..he Com any agrees:
1. To oroceed promptly with the construction of said
electric lip lit a:,d power trnsmissiou line on the streets
deli=;hated it tie permit hereto attached aim further agrees to
construct ;uat portion of said line from t..e e._st end of tree
bride or via':uct at the west end of Causeway Hi`hway to the
crest side o-_ the railroad tracks cf the Florida Oast Coast
ailroad Company located at lfl1 13th Street and NW let Avenue, by
,aea:is of untr.er•rouud cod.iuits, cables atici wires.
2. That the Cit shall in nowise be liable or responsi-
ble for any accident or da:maye that :nay occur in the construe-
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tion, operation or maintenance by:lioeise at said e104ti4
and power transmission: lice and: "that . i wi' .` ire ,th* l
less from and against- any and all lose, coat, damage 'or
that may occur by reason of the default, -m.econitiot o
of the Company in the ootiatruotion, operation or ' Lintel
of said electric light and power transmission line►.
C. It is mutually agreed.:
1. In the event a good and-valid,,franahias,'
hereto attached and marked Zxhibit B. shall have been grante&:`-b
the City of Miami by December 31, 1924, that the license attach-'
ed hereto and this Agreement, and all provisions and oonditioi e
hereof, shall be and become null and void and of no further foroe
and effect, otherwise said license and this Agreement are to be
in full force and effect for the life thereof and hereof.
2. In the event a good and valid franchise covering the
right of the Company to occupy the streets mentioned in the
license hereto attached shall have been ;-ranted by the City of
Miami :subsequent to December 31, 1924, for the transmission of
electric power and energy, and further in the event that on or be-
fore the granting of :such franchise the City shall have purchased
and .paid for said portion of said line as hereinabove provided,
the City agrees to resell to the Company and the Company agrees
to re;:,urch :.ce fro tr:e City said portion of said line purchased by
te City as hereinabove provided, aad the City agrees to accept
in full .,ay:.:eut therefor an:. the Company a reel to pay to the City
t:ea lou'_t , t:_eretp 'ore paid by the City to the Com_oany for said
portion ::f said line, and thereupon the license attached hereto
aad this Agreement and all provisions and conditions herein
shal... be :and become null and void and of no further force and
effect, othrais, _aid permit aad this Agreement are to be in full
force and eftct for the life thereoZ and hereof,
U �
That this .ontr.:.ct shall inure to the benefit of
signed. their names and affixed their wale:; +t
Witnesse' as to City of .Mimi
ATTEST:
Secretary.
Witnesses as to
Florida Power & Light Company:
'LORIDL.-1'0+' .
B/
president.
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EXHI3IT "4".
5B IT-i.:,SCLV:7L BY T 2 C I' Y CQ LI$8iO:i CT THE C ITT Q '.
MTAMI, ThOiI»..:
SECTION 3: There is hereby aiven to Florida tower $c
Limht Company, its success:~s d aE.signs, herein palled the
"Licensee" the right, authority and lioense for the period Pere•
ivafter designated, to la, cables, looate and erect poles, e$.
oays.te and open streets, and to do all things necessary or re.
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guieite for the purpose ofSSMStrustin
ing electr:io licit °a4C4,earWli:aae4J t`6ig!tb
and desirable appnrterrandaavid, :upon, `utter
deeoribed streets, gvenuee, dirt 41iey8 A
the City of Miami, Florida, and it8 suooee$drs0 to-*
Beginning at the - astern boutida rY'1.i t
Uiami . on the Cast eway, thence to a -general westerWd.
said Causeway and the viaduct at the western a 3d thereof,
western end of said viaduct where the same aonnecta withArd
east 13th Street, thence west along -Northeast lath Street to 4-,:,,.
across North Miami Avenue, thence West along . Northweet_13th, ,
Street to Northwest 5th avenue, thence north along Northwest nth
Avenue to Northwest 20th Street (Johnson Street), thence west along
Northwest 20th Street (Johnson Street) to Northwest ltith'Ava`ngae
(Branning venue), thence north along Northwest 13tb ;.venue,
(Brannin? ::venue) , crossin` tr.e northern limit line of City 455
;.Miami at Northwest 20th Street (Johnson Street) , and Northwest 13th
::venue ( Brannina ::venue) ; and also beginning at the intersection
o.' Northwest lath Street and Northwest 5th Avenue, thence south
along Northwest 5th Avenue to and across Northwest llth Street.
'"^e right, authority ana license hereby . iveu shall be
in full force ana of ect so long• as that certain Agreement dated
July 17th, 1.:24, band between the City of Miami and the Miami
Be::ch .:o ilt.ray Co:.ipany or any supplement thereto or continuation
thereof :i.all be in force and effect, or, so ton as that certain
Agreement dated June loth, 1924, between S. a. Inch and the City
of Miami orovidin : for the supcly of eleotric power for the pump-
ing of city water at Hialeah, or any supplement thereto or ex-
tension thereof, shall be in force and effect, whichever shall be
tha .pater date.
11: ;.oles and towers shall be so located as to
interfere as little as possible with traffic over •C(!e streets
�b liCense
he approval 0 f the.'DLreOitor Of Pnt'o13:o
of Miami. Florida. and if any,portiof Of sny Stro
.P..i n' «'i- '. `•J"i�:'.: i, 9., .n.�.f, 7�[. .E.'.:.-.: ..
of Miami is damaged by lioensee in the coati
poles. tires and transmission lines, auoh street
reasonabletime and as early . as practicable :after
shall be ° replaced in. as good condition as
I, the said damage.
t
PASSED AND ADOPTED this days of
tl
ATTEST:
City Clerk.
trayor.
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itXA ICI T "S" .
ORDINANCE NO.
As► ORDINANCE GRANTING TO FLORIDA POKIER & LIGHT COMPANY,
ITS SUCCES ORS AND ASSIG:,S, THE RIGHT, PRIVILEGE AND
AUTHORITY, _J'OP A PERIOD 0? THIRTY YEARS, TOBONSTR:UCT,
MAINTAIN AJD OPERAT':, Izy, UPON, UND R A:TD ACROSS CERTAIN
DESCRIBED STREETS, AVENUES, COURTS, ALLEYS, AND PUBLIC
PLACES I. ?HE CITY ? :.ILAL:I, FLCaID ., AND ITS SUCCESSORS
ELECTRIC LIGHT AND POWER LINES, TOGETHER 'WITH AIL THE
iT CES ::.Y A:+ 3
DE:IRA3u - 'URT::ANC ES, FOR THE
PURPOS
E
OP SUf_LYITx FOa LIGHT, HEAT, POWER AND
OTHER Iu:_-sS FOR O:IN CONNECTION ',rd THE OPERATION
TION
OF THE STREET RAILWAY SYSTEMS IN THE CITY OF LIAMI, FOR
CR IN CO_::. CTIOI: WITH THE CITY'S PU_TI:r; STATION AT
HIAL✓A_H, FLQ ' IZ4, AND TO OTHER CORPORATIONS TIONS AND HERSONS
BEYOD '"".'E LI:°IT3 CF ,'AID CITY, FOE HEAT,LIGHT, 20 ER
• ,.,D OTHER ?URPOSLS BY CONNECTING WITH GRANTEE'S LINES
', ITHOUrT S:tID CITY, LTD I;.:20S :-'G 2:.OVISIC'!NS ADD CONDITIONS
rn
BE TT L: :D. IITi:;D BY CITY CC r'IIS -ION OF Ti-THE CITY OF MIAMI, FLORIDA:
SECTION a., There is hereby granted to Florida rower &
Light Company, its suooessors and assigns, herein called the
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Grantee, the right, privilege. and authority Per, the ftl ,r 0L
of. Thirty , (30) years, from the effective .date ;hereof,., ta: ctainstruat4
maintain and operate. electric light and power lines,.together.
with ,all the necessary and desirable .appurtenances (inc,ludirg
underground conduits, cables, poles, wires, and transmission and
distribution lines, and for its own use, telephone and telegraph
lines), in, upon, under,and.across the following described_streete,.
avenues, courts, alleys, andpublic places in the .City of Miami,
Florida, and its successors, to -wit;
Beginning at the eastern boundary limit of the .City, of .
Miami on the Causeway, thence in a general westerly direction
along said Causeway and the viaduct at the western end thereof,
to the western end of said viaduct where the same connects with
NE 13th Street, thence West along NE lath street to and across
North Miami Avenue, thence West along _r7 13th Street to NW 5th
Avenue, thence north along NW 5th Avenue to NW 20th Street (John-
son Street', thence ':lest along Tii20th Street (Johnson Street',
to Ned lath Avenue ( Branning Avenue,) thence North along NW
lath Avenue (Branning Avenue), crossin. the Northern limit line
og City of nlaai. at NW 20th Street (Johnson Street) and NW 13th
Avenue (3rannin Avenue); e :il also beginnin at the intersection
of NW 13t:: Street and i. J 5th Avenue, thence south along NW 5th
.venue to a:i. auross :,`,! llth Street; and such other streets,
avenues, courts, alleys and :;ublic place; aL :.1ay hereafter be
de si ,-hated in writi:s': by t'.e City Commission as being necessary
fJ_ the purpose:: forth in Section 111 hereof. This grant is
made in consideration of the construction, :4aintenance and opera-
tion of the ei ectri c light a!id power lines by the Grantee herein
provided for, and for te benefits and con': enienees of the inhabit-
ants of said City as a result thereof.
The C:ty of Miami hereby reserves the right
at and after tie expiration of this grant, to purchase the property
of the Grantee '.i sed under this rant, as ,- ovided by the Statutes
of ia ti.:e of Jrantee'. _ccebtance hereof, in-
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oluding Section 1844 of the.kevised General Statutes of:florida
of 1920, and as a condition precedent to the .taking .effeot.of
this grant, the Grantee shall give and grant to the Otty'of;„
Miami the right to purchase so reserved. The Gr8.ntee=.>Shall ..be
deemed to have given and granted such right of purchase 'b7 the
act of acceptance hereof.
SECTION 111. Grantee shall have the right hereunder to -
transmit electric power and energy along its said lines for the
purpose of supplying electricity for light, heat, power and other
purposes for or in conneotion with the operation of the street
railway system in the City of Miami, for or in connection with the
pumping plant of the City of Miami at Hialeah, Florida, and to
persons and corporations beyond the present City limits of the
City of Miami by connecting with Grantee's lines without said
City.
SECTIOT IV. Poles and towers shall be so located or
relocated and so erected as to interfere as little as possible
with traffic over said streets, avenues, alleys, highways, bridges
and public places, and with reasonable egress from and ingress to
abutting. property. The location or relocation of all poles, towers
and conduits shall be made under the supervision and with the
approval o' the Director of Public Service of the City of Miami,
b'_;t not so as unreasonably to interfere •,with the proper operation
of Grantee's lines and service.
a�C_'IUi. V. z:1A. lines constructed under this grunt shall
be coca truutea l,.ia :.ai ncained in acco I dance with established
practice with respect to electrical construction and raintenanoe.
3i:C2Ia VI. ',then any portion of any street or property
of the City of Miami is ecavated or damaged by Grantee in the
locaton or relocation ui any of its conduits, oo.es, wires and
transmission lines, such street, or .roperty, shall, within a reason-
able time and aN early as .oractieable after such excavation or
a_.u::re, be reolaced in a. z ,ocondition as it was at the time of
Eller! ef_i;u.vativii 01 u • :6,2t.
. . .
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SECTION VII* The City (Wall in no way IA 141:11„.Or r,4°
sponsible for any accident or damage that may Ochur in th„
construotion, operation or maintenanoe by the Grantee of it6 %
lines and appurtenances hereunder, and the a000ptanoe.of
franchise shall be deemed an agreement on the part of said
Grantee, to indemnify said City and hold it harmless against
and all liability, loss, cost, damage or expense Which meuaocra*-
to said City by reason of the neglect, default,or misconduct of:,
the Grantee inthe construction, operation or maintenance of its.:
lines and appurtenances hereunder*
SECTION VIII. Failure on the part of the Grantee to
comply in any substantial respect with any of the provisions of
this franchise shall be grounds for a 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 said. Grantee has failed to comply in any
substantial respect with the provisions of this franchise, and the
Grantee shall have Six (6) months after the final determination
of the question to make good the default before a forfeiture shall
result with the right in the City Commission at its discretion to
grant such aduitional tie to the Grantee for compliance as
necessities in tile case reuuire.
:3-C2ION a. The Grantee is hereby riven the right and
authority to ..1a:Ke assigmaents and/or transfers of this right,
privilege and authority a:lu the rights thereunder, all assignees
and/or transferees to be bound to the same extent as the original
Grantee.
s.:cmicill X. This Ordinunce shall take effect as soon ap it
shall have ,)een duly ado2ted and aporoved by a majority of the
qualified v,Dters of the City of Miami, votin at the election
held therefor as required b iaw and accepted as required herein.
SECTION X1. The Grantee BhsU :file
of th`t` fr nohi'a� with the' iity Otdrk
aayo after ` t ' ie►a h ►t"+r.'' been,,d
approved ty 4,,Ina jortty- of, the 4ualifiee, <�vot
:toting at the election held therefor, as required by is
SECTION XIY pay -all expensei.
with the publication of this ordinance and the holding Of
election fecessary to. the Moption,Of this ordinance
Grantee is hereby required to deposit with the City Cie
of Pour Hundred ($400.00) Dollars forthe payment of .euah expenses..
SECTION XIII. All ordinances, and parts of ordinances
conflict herewith be and the same are hereby repealed.
PASSED AND ADOPTED THIS
ATTEST:
City Clerk.
day of 4..,D:_1924.
Mayor.
PASSED AND ADOPTED this 2 9 th day of July, A. D. 1924.
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IAYCMX
0$12.145.--41°'-'41...-.1.---"....-41?...<)/dAY
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