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ottff't NANCE £'iO,
1'1N ORbINANC2 G1tAW'f I NG .'I'() C,` 1.TY GAS C OM ANt
OF t'1,OtttDA, ITS ':ittCCESSO1i5 OR AS81 C,NS A
Litif'i'tb cAS 1'RANCxt SEt' ,tMt'0S[Nd PROVtSTONS
ANi' COi4OtTiOt4S 'I'tiIlti.'rO," 1)t C LAtaNd
TuIS TO t F AN Ft4Et2GPNCY. tittASU1tF: Ott PIII, t;12UUNi)'
'oi . UItOLN'i` PU13L1.0 NU[) AND bISPPN4 LNG WITH Tilt,
RFQUIRFMENT8 OPREAbtNC, `I`it18 0121):NANr'1, ON TWO:
SEPARATE t'E DAYS t3Y 2\ . VoT1;' 0P NOT,LESS 'I'tiAN' 1' OUtt-.
V/FTt-tS OP Tt-1t; MEM13 PS of '2It8 COMMIS S:IOt4
8at9
IT' ORDAINCD t3Y `I'tiL COI' MISSION OF Ti1i : CITY Oi 10tMT:
Section 1.
Section 2.
Section 3.
Sectioh 4.
Section
SeC tion
Section
Section
Section
Section
Section
Section
Section
Section
Section
5.
6.
7.
8.
9.
10►
11.
12.
13.
14
15.
Section 16.
Section 17.
Section 18.
Section 39.
by Electorate
Section 20. Right to Purchase
Section 21. Emergency Clause
SECTION 1.. DEFINITIONS. Tho word "Grantee" shall mean
Gas Company, of Florida (a Florida corporation), its
1iLClltl DAA
Definitions
Grant
Assignment
Use of Streets
Maintenance
Laying of Pipe
Construction Work
Indemnification
Performance Bond
Rules - Making of
Jurisdiction
Accounts and Records
Franchise Tax
Forfeiture or Revocation o f (;rant
Termination of Grant by Insolvency or
Bankruptcy of: Grantee
Changes in Provisions Hereof
Repealing Section
Saving Provision
Ordinance Effective Upon Ratification
successors and assigns, and the word
City of Miami, Dade County, Florida,
"Grantor" shall mean the
its successors and assigns,
and the word "Consumer" shall mean any person, firm, or public
or private corporation served by the Grantee.
SECTION 2. GRANT. There is hereby granted to City Gas
Company of Florida (a Florida corporation) , its successors and
assigns, for a period of thirty (30) years from the passage
royal of this Ordinance, and its acceptance by the Grantee,
exclusive: right to erect, install., extend,
and app-
a l imp tc'1 not
maintain and operate a system
of works, pipe a, pipe lines and.'all necessary apparatus, machinery,
structures, and appurtenance, i.n, ,on and under the ,trivet:':, alloys,
avenues, easetn tits, send oth u pubs i e ways and places in 1.ho City
Of Miami, natl.' Count'], t? lc)r ►clir, as it 1 n now c'on 1 '1 l,ULocl';:Irtt-1 as it
day hereafter be added to or extended in the iii c' i botrndc'd on the
Last by 27th AvUnttr as thca Sao', is extended Nola 1t and Siittl:lt l.c) tiro
City limits ut►d from 27th Avery+.ui West t.o the Wc:'t.,!rh boundaries of
the City of Miami, 'or '.trc purpose of transporting, di.stributinrt,
and selling manufac: •tr . d or natural gas to said city, its inhabit-
ants and the public .-,r.iierally,
or- rlrmr_stie, .::om Mercial and hdu::l. r- i.r 1
uses # and for any and 1 1 1. Tither j ,r►r. t)ose5 for, wh t.ch etas, during the
period of this grant:, fray be n!46d, tocjc ther with the tight Lo eni.c'rr
upon the streets, alie! easements, anci other public
ways, places and grouno
id City for the purpose of removing
and repairing said work:;, pip pipe lines and all necessary ap-
•
paratus, machinery, Structurec: c structures.and appurtenances,
SECTION 3. ASSIGNMENT. No sale, assi.gnment, or transfer of
the rights granted hereby except t.o an affiliate of Granted shall
be effective unless the Grantee shall have filed written notice
thereof with the City Clerk, at least sixty (60) days prior to
the scheduled date of such sale, assignment or transfer., and
unless, subsequent t.o the filing of such notice, the Commission
shall have by Ordinance approved and consented to such sale,
assignment or transfer;. provided, however, that any sale, assign-
ment or transfer decreed by a courtof competent jurisdiction in
any receivership or bankruptcy proceedings shall not be governed
by the provisions of this Section.
SECTION 4. tiSE Or STREETS. The said pipe lines, pipes,
apparatus, structures, and appurtenances shall be erected, placed
or laid in such manner as will, consistent with necessity, least
interfere with other public uses of said streets, alleys, avenues,
easements, and public grounds, and said streets shall not be un-
necessarily obstructed and before the Grantee makes any cxcava--
Lion or disturb
the surface of any of the streets, ai Toys or other
public places, it shall make application for a permit to the itl.►
propr.i ate City authority and shall, with alio d i ], i ycrncc and d i;.;pat c'h,
place: such streets or public place in a ; good condition and repair
an before :such u};cavation of ciistulrbancc qas trade,, and in default.
therec)f. the City may wake, :such repairs and charge the Font. 1.herc o f
to the Grantee and collect t•hu same from i
The City of Miami rrrt:t.tins tilt.` tight of tt`afflfl1itble
1-ati.on f the creetion or eoi1.'";i ruction of any worksor l ity i nq i'IIn'
Pipe or pipe lines, and to reasonably designate where :such works
and pipe :l ides 311 i 1.1 .be placed.
11he Grantee+ hot by ayrov s to abide by ail the rules and t cltl-
iations and ordinances wltieh tho C;r.aittor has passed or Might. pass
i.n the future, and further agrees - to abide by any established
policy which the City Commission or its duly cluthoti7cd repre-
sentative has passed; rr established: or will establish; proV h.i"c1,
however, it is not . intended hereby that the City shall have the:
right of breaching the 1 -:rms of this franchise other thatl is herein
provided
SECTION 5, MA'rN'r! 1 NC . All such works, pipes, pi.pe . l i nci
apparatus, ' structures, wzpurtenances anti the entire plant and
,system of Grantee shall 11e constructedand maintained in such
condition as will enable it: to, furnish adequate and continuous
service and shall be constructed, installed and maintained in
accordance with accepted goo] practice ,and in accordance with
theorders, rules and regulations of the l'].ori.da Public Service
Commission or other regulatory body having jurisdiction over the
Grantee.
SECTION 6. LAYING OF PIPE. All main pipe lines .shall be
laid at least two feet: and all lateral pipe lines not: less than
eighteen inches below the established grade of said streets,
avenues, alleys, easements, and other public ways and places as
such grades now exist or may hereafter be established, unless
otherwise specifically authorized by proper authority of the Ci.ty..
SECTION 7. CONSTRUCTION WORK. The City of Miami reserves
the right to ]ay and permit to be laid electric conduits, waver,
gas and other pipe lines or cables, sewers, and to doand permit
to be done any underground work that may be necessary or proper
by the City Commission or other governing body of the City in,
across, along or . under any street, al.ioy,
place or other pub] Ic ground.
public way, o,iscrnt'nt,
1 n permitting such work to be done
the ciity of Miami E;hy11 not be 1.i,lbLe to the Cra►►'tee:herein
ah i 'd%ititiic es ' so C)e: cc s i onc`d j nor Shalt the City iti dei i it'ct such [•,elt';:
be. liable to the Graintei for any c1 tmattrs hti1 wilftttiy and turf--
nedcssatily ocdationnd, Whenever, by. -reason of csLabliShihel a
grade or by reason o1 changes in 'the grade of any street►.- or by
reason of the Widening; grael.i.ticJ, paving of otherwise improvincg
present or future: streets, alleys, or other public ways and
Places, or in ,the location or manner of construction of any water
pipes, electric conduits, sewers or other underground, structures.,
it tha11 be deemed necessary by the City Commission or other; clovern i nci
body of the City to alter, . change adapt or conform the mains, pipe
lines, service pipe or other apparatus or al.rt,urtenance, of the Grantee
hereto,
such alterations, or changes, shall be made by the Grantee
as ordered in writing by the City.Commission or other.governing body
of the City, without claim for rr_imbursent-:!nt or compensation Cor.
.damages against the City. If_ the City shall require the Grantee t.o
adapt or. conform its pipe lines, pipes, structures, apparatus, ap_
' purtenanCeS. or ,other appliances, or in .any way to aitc`r, reloccato
or to change its property to enable any other- person or corporation,
except .they City, Dade County, or the State, of Florida i.da, Lo use :;::tid
street, alley, easement:,' highway or' public place, the Grantee -shill
be' reimbursed by the ` pernon or corporation 'des iri ng , or- occa .; i on i nit
such chance, for any loss, cost or expense caused by or arising cut
of such change, alteration or relocation of Grantee's property.
The Grantee further agrees that it
shall not i.nterfere with, change
or injure any water pipes, drains, or sewers, of said City of Miami,
Florida, unless it has received specific permission from the City
Commission, its duly authorized representative or Board.
SECTION 8. 1 NDF t.1N:I v1CATION That prior to the beg.i nn i.n .i of
any work by the Grantee- within the corporate limits of the City of
Miami, Florida, the Grantee sha1.l file with the C.i.t.y Clerk and ::h.a1I,
keop in full force and effect at all times during the cl.t:ecl i.vte
period hereof, insurance :cer t.i f ica lcui evidencing a liability in.
uur. ance policy or policies, the terms and condi L inc wllr'reo ( shall be
Duch as to ; pr ov : e10 for the protection and indemnification of Lilo city
With tespect to ctiicl a l i. legally valid cirt i1iu; Of any persons :nit -
feting injury, loss of damage toperson or property liy reason tit t i
ebhstructi.on ot• operation of a natural gas distribution sy tem within
the corporate limits of the City of Miami, Tiloridax
Each such insurance pol icy shall be subject to the i1ceopt:."itic0
and approval of the City Attorney of the City of Miami, Any primary
insurance policy must: be issued by a Company having a pol icyho.icier's
surplus at least five times the amount of coverage of the policy) and
the Company must have a management rating in Nest's In stirarice Guido
of 1313 or better. Ahy eXcesSpolicy used must be issued by Uhckrwr itors
acceptable to the City Attorney of the City of Miami t;arh such
policy shall be in the minimum sutn of $1.50,000,00 for .injury or
death to any one person, and ih the mimimum sum of $1,000.000.00
for injury or death to all persons _where there is more than one person
involved in any one accident and in the minimum sum of $500,000.00
for damage to property, resulting from any oite accident, and each of the
said minimum . sums shall remain in full force and shall be undiminished
during the effective period of this ordinance.
Every such insurance policy shall contain a provision where
by
every company executing the . same: shall obligate itself. to -notify.
the City Clerk of Miami, Florida, in writing, at least thirty (30)
days before any alter.ati+m, modification, or cancellation of such
policy is to become eff'ctive.
in the event tha+. any suit is filed or action brought again:.
•
the City, either severally or jointly with the Grantee, by any
person or corporation seeking to recover dam,iges resulting from
or attributable to the operations or the existence of the Grantee
Within the City of .Mi.ami, or arising in any manner whatsoever out
of the operations or existence of. the Grantee within the City of
Miami, whether due to the Grantee's negligence or otherwise, the
Grantee shall, upon written notice by the City, defend said suit'
or action and, in the event any judgment therein should be rendered
against the City, the Grantee shall promptly pay the sum together
with all costs restating therefrom,
SECT ION 9 , ._P1;t FORMANO Iit)i41r, Tied:, at the 'tattle, c>1 . i t n
accej)taricc tit. the ,t:ortns and ccinc1 i t, i this of this ak'di nancce cts ltrr►-
ic#e i.ri section 13'hete_uf,Lhc Grantee shotil.file with the City,
Clerk, :iftCt approval by the 2i Ly Attorney, ati annual bond ' i i the
hihimum sum o,t' $5,000,0b, h.ti}i.hq 'as surety thereon a Surety.:Company
citiali.fied to do business in the State of Florida and aeeeptable to
the City, and conditioned for the full and faithfulperformance by
the Grantee of all requirements, duties and obligations impel:;ccf
Upon It by the pYOVi.ai.Un:i of this ordinance, and ' such bond to be
furnished annually shall provide a continuing guarantee of sneh
full and faithful performance at all Limes throughout the effective
period hereof.
SECTION 10. RULES - MAKING O1'. The Grantee shall have the
right to make and enforce such reasonable rules and regulations as
it may deem necessary for the extension of its facilities, and the
kale of ' its gas and the prudent conduct of its business, provided
that such rules and regulations shill not: be in conflict with 112ce
laws, rules, and other regulatory authorities of the City of Miami,
or, i)ade Count.y, o1' the State of Florida.
;SECTION 11. JU1t CSD1 CTTON. l n the event that the Florida ..
Pul?l is Service Commission, or other State regulatory authority,
should be deprived of the authority to make rules and rcgul.ati.ors
governing the Grantee, then the City Commission of the City of Miami
or Other governing body, shall have the right to fix reasonable, and
compensatory rates to be paid .ftt)r gas by the consumers and to
provide for the extension, repair,' and maintenance of mains and
service lines, and the connection With the pipes of the consumers
and the installing and testing of meters, and to regulate the
quality and pressure of gas, ai'c1 to provide such other and further
regulations as shall be reasonably necessary and proper to provide,
adequate service to consumers ind to protect their interests.
SECTION 12. ACCOUNTS N) RECORDS. `1'he accounts and records
of the Grantee appertaining to gas service rendered hereunder shall
be maintained within the Stall( of Florida, andbe colon fit. all
reasonable times for i nspee1 t.l.ttn by duly .iu t'hor.i vfoa rei)renon t ot i \''
OF tho . Grantor, Thee 'tlr. a n t'.c'i '
hh.11 1 In.3e t ho Uniform Syt:l'en of Accou nt';s
for 1'tiblic ttas tJti1 itie y ptesdt.i.bed by the ip l.oticia I'ubl ici :;Esrvidt`
. .:. the , , � h 1 cstalilityh
Coiitniisioh of the State of T'loridar the Grantee shal
aftd Maintain : apptopriatc adcoUnts and reco;r-d , in aiich cletait that
reiienues within the limits of the.City, of Miatni - to consistently
declated separately, from all othot revenues
The Gtantee shall file iti . duplicate with the City C,1.erk. of the
City of Miami,: monthly statements of gas tciienttes deriVed, froth within
the,City.of Miami, annual financial statements and such'other'state=-
meats and. reports as the Grantor may reasonably prescribe. Within
.twenty (20)'days after the close of each month, the Grantec shall
file as required by this section a statement'of gas'revehues derived
from within the City of Miami for
the preceding monthburiticj
each annual period and within one hundred twenty (120) days after.
.:the close of the Grantee's fiscal year, the. Grantee shall file is re-
quired by this section the balance sheet of the year then ended, and
the related statements of income and retained earnings certified by a
Certified Public Accountant. The Grantee shall at all times make
and keep full and complete plats, maps and records, showing the
reasonably exact locations, depth and size of all pipes and pipe lines
owned by it in the City of Miami, or that may hereafter be laid, and
showing the location and kind of all other works,'
and appurtenances, and shall furnish the Grantor,
and records, and these
contracts between the
be available for inspec-
time, with copies of all such plats, maps,
maps and records and all other records and
Grantee fordistribution in the City shall
tion during business hours
nnciw
structures, appliances.
within a reasonable
to the Grantor through any duly authorized
officer or employee. of. the. Grantor.
SECTION 13. FRANCIHISE TAX. In consideration of the adoption -
of -this Ordinance by the Commission of the City of Miami, the Grantee,
its successorsor assigns shall pay to:the Grantor, or.its successors,
on or before .the 20th day of the month following the end of each twelve
month period during the terns of. this franchise, a franchise tag; for
. the ' said preceding twelve months,' of six percent: (G) of the Grantee's
gross revenue from the sale of natural gas to residenti,al,cemmorcial.,
goVernme nt a 1, and 011 t t i ,11 e•uH t csi+tf'r:.: �: i i.t1 i i► 00
i1htits of the dri cF
Nothing herein c;hall tit{ c e)hs;t i t,. tt to 1.H.
a litliitation oh t h+• :tsosctm nt and coil ,c•t-ion ryt valid t.:atxe:t#
li cehses and other impositions by the C ► o . o r on and from . t h e
Grantee in excess of such six percent (WO amount for c:w1c'h
iitorlth during the thirty (30) years of this franchise.
SfC`PXON 14. FORrCrTtll:f OR 1 IVOCATI oN OP _t;ttJt4'i'. That viola-
tion by the Grantee of any of the covenants, t c rm:3 and conditions
hereof., or cir;.t:atl t by the Grantee i tt observing or carrying into
effect any of said covenants, terms and conditions, shall aui.hot i e
and empower the City Commis,i.ati to declare a forfeiture of and to
revoke and cancel' all rights granted hereunder, provided, however,
that before such 'action by the Commission shall become operati.ve
and effective, the Grantee shall have been served by the City with -
a written notice setting forth all matters pertinent to, such vi.o'l.t-
tion or default, and de 4cr..ibing. the, action of the Commission: with
respect: thereto, and Grantee shall have httd a peri.od of :s i'ct.y (GO)
days after service of ' such notice within which to terminate such
violation or default:; and proviclrcl; further thatcttly violation or
default resulting from ti stri kc, a lockout, an act of God or any
other cause . beyond 'the con t-. ro1. of the : Grantcc ' tilts l 1 not constitute
grounds for 'revoking and cancelling any rights hereunder. In t.nc
event that the Grantee upon receipt of said written notice Cron] Lht,
City dogs not desist from ,such violation within the time aforesaid,
then the Grantee shall be deemed to have forfeited and annulled
and shall thereby, forfeit and annul all of the said . i'r.anchis;c, grant:Si.
i
privileges, rights, .licenses IIIC1 immunities given by t.hi.s franc:li i s
The Grantee' shalt not enter into c'ny. verbal car written tItl rocsmo,11.
with any pot Son, firm, corporation, -or 'other Orgalili zat.i.on wh i.eh
agreement is conditioned upon Lhc' Grantee receivi nci . tax relief car
any other relief f froth, the Conllniasioil. Nothing heroin con Lil i nc'ti :sha i• i'
prevent the Grantee from iu cjot:iatinci with -any -person, firm, c:ot'por-
ati.on, 'association, or other entity receiving.compefsakion from tile+
Grantor for the issuance of this franchi. e cir Lllct aont:i.tlu.tnc o thc:l•e-t
of 11ndc'r its provision., 11)? Grctntee i s reelu i.rcacl . t o tltitiie , PVC ry
eftbrt t:C) maintain C713c'rat: t.on and serVice at all t ifnc :; otrt.`tt .in i
eVetIt of any Work stoppage by i (:s employees,
SEcrtON ,1fia TERMINATION M:INATION 01' GRANT 13V INSOLVENCY OIL 13 N1 k11PPCY
bi GRANTEE, That, in the °Vent ofti final adjUdic.ntion of Lahr:=
tint:cy of the Grantee, the City shd1ll have full power and authority
to terminate, tcVoke and cancel any and all rights granted tinder
the .provisions of this Ordindndo (Franchise).
SECTION 16, CHANGES ].N PROVISIONS llt ltl,oJ.' *That hti l or chancji.:;
in the terms and conditions hereof may he made by Written atlt'cc•mc'nt
between the City and the Grantee without further ratification by
the electors of the City, provided, however, that this Section
shall not be construed as conferring authority to make any changes
in or modifications of t:he provisions of. this Ordinance which would to
repugnant to or .inconsistent with basic factors or principles under. -
lying the terms and conditions hereof.
SECTION 17.REPEALING SECTION. That all ordinances or parts
of ordinances
insofar, as they , arc: inconsistent with or i n -confl i cat-.
with. the Provisions of this Ordinance', ;he' rind Lhe saml . .nyo herohy
reheated.
SECTION 18 .. SAVING PROVISION. That:, if any section, part:
of section, paragraph,sc`ntcnce or: clause of this Ordinance .shall ,
be adjudged by, a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of any other portion
hereof, but shall be restricted and limited in its Operation and
effect to -that specific portion hereof .involved in the controversy
in which such decision shall have, been rendered.
SECTION 19. ORDINANCE 1 'FLC'.l'IVE UPON RATIFICATION 11Y
ELECTORATE. This Ordinance shall Lake effect as soon as it shall
have been ratified and approved by the electors of the City, in
accordance with t:he provisions of Section 74 of the City Charter.
The Grantee shall pay all costs of publication of the notice of
the franchise election, and agrees to deposit the sum of $5,000.00
wi th the Clerk of the City of Miam:i,Florida, to guarantoo paymont of
portion of the election costs..
{
the. tight at -afid sifter. Lit.:? c : p1.r�t1.Loft ti ilit ; tJi •1�1t z;tn ;l/'
dlleht rif the dijahtee r s , fot fc.itiire tifiony Of' the tetiti ,,
&tick provisions of this liratichise Ofdihtitiec, to pitriehn,cLho piA4 1
property of the Crahtc e used finder this grant t a Valuation cie Lot -
Mined ih aceorchanee With the p.tovisiohs . of the grnerat taw hoW 3 tt
effect, including Section 167.22, Pldrida Statutes 1955.
S8CTTO4 21 :ML12GENc i CLAIM. That thin Ordinatiee l:; hereby
declared to be ah emergency measure on the ground of tirg . ,it public
heed for the \preservation of peace, health, safety and property aiii1
the requirement of reading this ordinance on two separate clays is
hereby dispensed with by a vote of not less than four -fifths . of
the members of the Commission.
SECTION 22. It is requested that this proposed Ordinance
Amendment be submitted in substantially the following form to the
electors of the City of Miami:
Shall a limited non-exclusive ,gas franchise_ be granted
to the City Gas Company, its successors or assigns'in the
City of. Miami in,the'area bounded.on the East by 27th
Avenue 'as the same:is extended North 'and South to the City
limits and from 27th Avenue West to the Western boundaries
of the City of, Miami?
SECTION 23. The Board of County Commissioners of Metropolitan
' Dade County is requested to submit this proposed Ordinance ?,mend--
r
ment to the electors . of the City of Miami at the November 5, 1974,
State of Florida and Dade County General Election.
SECTION 24. The Supervisor of Elections, Metropolitan Dade
County, is \ requested to provide the assistance necessary to
properly submit this Ordinance Amendment to tha electors of
the City of Miami. The registration of persons qu:alific:d to vote
for or against this proposed Ordinance Amendment, the list of
polling places in the applicable precincts, the namos of thoae
•0 -
Pardons designated and assigned to serve as clerks . of eledtioh
and as irspectOrs of election, and the form of ballot to be Eased
(prepared itt CoMpliande with all statutory reQtiiretnertts relating
to the . use of mechanical voting Machines) shall be as c:otitaitic±d
it1 the records of, as provided,; designated, assigned, or est.alil.i?3hed
by the Supervisor of Elections, Metropolitan Dade CoWity. The
City of Miatni=City Clerk, is hereby designated as the official
representative of the City of .Miami City Commission its all trans-
actions with the Supervisor of Elections, Metropolitan Dacle County
in relation to matters pertaining to the use of registration books,
records and for all purposes in connection with said election.
SECTION 25. The City Clerk is hereby authorized and
directedto give notice of the; adoption of this ordinance and
of the provisions thereof by and through the publication of an
appropriate advertisement in two daily nrw:3papers of general
circulation in the City of Miami atleast thirty days before the
day said election is to be held.
SECTION 26. P.11 ordinances,code sections or parts thereof
in conflict herewith, insofar as they are in conflict, are hereby
repealed.
SECTION 27. If any section, sentence, clause, phrase,
or word of this ordinance is for any reason held or declared
to be unconstitutional, inoperative or void, such holding or
invalidity shall not affect the remaining portions of this
ordinance; and it shall be construed to have been the intent
of the Commission of the City of Miami to pass this ordinance
without such unconsitutional, invalid, or inoperative part
therein; and the remainder of this ordinance, after the exclu-
sii3h of, sudh part or p, tts Ball lie doomo rind heirs to bo Voiid
as if tuih Marta had ,Sint be c h irio ludod thoioiti,
IiA8Stb Nb 'AbOP`1iFb ONLY :his 2Jtii day or 197 a
MAtfRtCE A ;; titRE
ATTtST
H.D. SOUTHERN
crrY CLERK
PREPARED AND APPROVED BY:
Michel E. Anderson
Assistant City Attorney
APPROVED AS TO FOR/),AND CORRECTNESS:,
- 1 2
M A Y o R
MIAM1 REVIEW
. ANB i3A1L ilke6€B
1ubl t?Ed bdil woof sriirttiddy, Stihdd, 8itr
il`$r ilttlido 'i
Wail beat toilho, to ble
- - §fiAf ortf;Rr�A
totaitt bAb :
13eforo this ithderifighed ituthofit{, fibrrib6611y an -
reared Maftha-btobrlft. Who. on bath says that the
's the V.P:, Legal Ads Of the Weill Review and
Dilly Retard; It daily , (pttept Saturday. Sunday and
Lugar fieltdays) newspaper, published at _Miami in
Dade Count FloHda; that the attached topy 'of edver-
tl3errtent, bitting a Legal Advertisement or Notice in
the Metter of
City of Miami., 11odic1a
IkboPTt k4 ot4 cAbilliktiCt Nb> 8294
in the , 't:d' urt,
was published in Said newspaper in the tssuet of
July 30, 1974
Afriant further says that the said Miami Review
and Daily Record is a newspaper published at Miami,
In said Dade County. Florida, and that the said news-
paper has heretofore been continuously published in
said Dyade County. Florida. each day (except Saturday.
second class Legal
Holidays) and
has
oificeeIneMiam
In said Dade County. Florida, for a period of one Year
Copy isehme baff entnfurtherosays that
she corporation any paid nor
any person,
refund for the purpose of securing a this advertisement
for. publication In t ••— P p
e.
tt 1 E
La —
3 nth
met
Obit). Pirb/ierSc°I
(SEAL)
My Commission a ea
.
lbed=fore me this
74
LeSMtth
ride at Large.
r . 1, 1977.
Vitt t'it•,MIAitt,
tf:itik'ttft•!rttis t-iOtttttk'
Lt:ts AL R'tltttt
Ail thiei<etttet1'*ili take hnttce
' that ntf the 25th (lay Of July.
WA. the dofnrit:setott of the Cit>
, nt iitatni, Florida adopted ae
' ordinance, entltied
I tj yfy i a � �y (j y�
Av° Ottt iStAgct r,ttA t
t\t',, ,to_Ci'rt GAS Cott:
I'ANt,' ,OF 1•t,ORiDA. tTS'
strCCt?SCOtts Ott AsstONs,
A L1Mi7'f;D..t:t3 F'RAN=
CittSiri TMltfbrtNT . f'#Oi,'t=
stoNs AND CoN1ytTtoS
111:1,ATtSd THERETO! DE,
Ut.ARIND tilts TO gF: AN
t:itERt't3tNCY MEAsuttt
ON TtD1 GitOUND. of
ts1'2(: 'T. 'tlB1.tC, ; NtED
ANb itSt'ENSING ; :WITlt
tits. RE 1f£MIETS nF
Rt ADtNG 'TI415 ogbt
NANCE ON TWO SEPA.
RATt: bAl S RS A ' OTt
OF NOT LRgS TitAN F'OURt,
•FWWTttS OF TIIE '\t£M=
t11±RS Or TUE COMMIS=
StCN.
widen is designated Ordinance
No. S_224.
It D. SOUTit£RN
City Clerk
City nt Mtatnl. Florida
Ptti,ii(atlon of this n.it:ce on
the 31.:th day ot Jul:•. lint.
7/3) It 11120
ORDINANCE No: 8294.,
AN otOTNANC8 GRANTINO TO CITY GAS COMPANY
OI? t`LORIbA► TTS SUCCE85oR5 OR ASSIGNS, A
LIMITim OAS FRANCHISE; IMPOSING'O.ROVISIONS
AND CONDITIONS RELATING TIItR ' O DECLARING
T11I5 To i38 AN . EMRRdENCY MEASURE oN Tilt GROUND
OF URGENT Pu13LtC NEW) AND bIS'PENSING WITli THE
REQUIREMENTS OF R}JADINO Tills ORDINr Net ON TWO
SEPARATE DAYS . 13Y A VOID (DV NOT LESS THAN TOUR-
t'tVTHS of THE MEMBERS OF T1IE commisSIOtd
BE IT ORDAINED BY.THE COMMISSION OF THE CITY Or MIAMI, FLORIDA:
'Section 1. Definitions
• SeCtion 2. Grant
Section 3, Assi.gnment;
Section 4.. Use of Streets
Section 5. Maintenance
Secti.on 6.' Laying of . Pipe
Section 7. Construction Work'
Section 8. indemnification
Section 9.' Performance Bond
Section 10-. Rules Making of
Section 11: Jurisdiction
:section, 12., Accounts and Records
Section 13: Franchise Tax
Sccti.on 1.4.. Forfeiture or Revocation of Grant
Section 1.5. Termination of Grant by Insolvency or
Bankruptcy. of,Grantee
Section 16. Changes, in Provisions Hereof
Section 17. Repealing Section
Section 18, Saving Provision
Section 19, Ordinance Effective Upon Ratification
by Electorate
Section 20. Right to Purchase
Section 21. Emergency Clause
SECTION 1. DEFINITIONS. The word "Grantee" shall mean
the City Gas Company of Florida. (a Florida corporation), its
successors and assigns, and the word "Grantor" shall mean the
City of Miami, Dade County, Florida, its successors and assigns,
and the ;ward "Consumer", shall mean any person, firm, or public.
or private corporation served by the Grantee.
SECTION 2. GRANT. There is hereby granted to, City_ Gas
Company of Florida (a Florida corporation), its successors and
assigns, for a period of thirty (30) years from the passage and app-
roval of this Ordinance, and its acceptance by the Grantee, a limited non-
exclusive right to erect:, install, extend, maintain and operate a system
of ` works, pipes, pipe linos and all necessary apparatus, machinery,
structures, and appurtenances in, on and under the streets, alleys,
avenues, easements, and other public ways and places in the City
of M amii Oade, County, 1?iotidai as it is now constituted ,and as iL
fray hereaf: ter be added to. or,extended, in the,areabounded.bh the
Last by 21th AVehUei as, the same. is ektended ,North and South Lcthe
City 'li.mi.ts and from 27Eh Avenue West :to the Western boundariet of
the City of `Miami# for the purpose of transporting# . clisttibuti.ngi
acid selling anufacturod or haturai gas Lo said City, its inhabit=
ants and the public generally, for domestics 'commercial and inclustrial
uses, and for any and all:other purposes , for. which, etas, during the
period of this .grant:), may be used, tocjcther with the' right to enter
upon the streets,' alleys,' avenues,' easeMentsi and other public.:
ways, places and' grounds ,of' said City:for the purpose of removing
and repairing said works, pipes, pipe lines and all necessary, ap-
'paratus, machinery,. structure or structures and appurtenances.
SECT1ON 3. ASSIGNMENT. No sale:, assignment, or transfer of
the rights granted hereby except .to an affiliate of Grantee shall,
Me effective unless the Grantee shall have filed, written notice
thereof with the City Clerk,:at least sixty (60) days prior- to
the scheduled date of such sale, assignmcnt,or. transfer, and_.:
unless, subsequent to, the fi.l ing of such notice, the ' Commission
shall have by "Ordinance approved and consented to such sale,
assignment or transfer; provided, however, that any sale, assign-
ment or transfer. decreed by a court of competent jurisdiction in
any receivership or bankruptcy proceedings shall not be governed
by the provisions of this Section.
SECTION.4. USE OF STREETS. The said pipe -lines, pipes,
apparatus, structures, and appurtenances'shall,be erected, placed
or laid in such manner as will, consistent with necessity', lciast
interfere wi.th'othcr public usea of said streets, alleys, avenues,
easements, and public grounds, and said streets shall not be un-
'n4cessarily obstructed, and before the Grantee makes any excava-
tion or disturb the surfaceof any: of the streets, alleys or other
public places, it shall make application for a permit to the ap-
propriate.City authority and shall, with due dillgence and dispatch,
public place in as 'good condition and repair
'place suchstreets or
as before such excavation or disturbance
was made,,and in default
thereof the City may make such repairs and charge the cost thereof.
t� the Grantee and col lect the .same from i t
y M right of reasonable 'egu=
The Cit of Miami retaa.tts the ,l
1ation of the ctectiof or construdtich of any works or laying any
pipe or pipe ; l ihc5 f and to reasonably designate where such works
and pipe lines shall be placed.
The Grantee "hereby agrees to abide by all the rules and regu-
lations and ordinances which the Grantor has passed or might pass
in the future, and further agrees to abide by any established
polity which the City Commission or its duly authorized repre-
sentative has passed; or established; or will establish; provided,
however, it is not intended hereby that the City shall have the
right: ofbreaching the terms of this franchise other than iu herein
provided.
SECTION 5, MAINTENANCE. All such works, pipes, pipe lines,
apparatus, structures, appurtenances and the entire plant and
system of Grantee shall be constructed and maintained in such
condition as will enable it to furnish adequate and continuous
service and shall be constructed, installed and maintained in
accordance with accepted good practice and in accordance with
the orders, rules and regulations of the Florida Public Service
Commission or other regulatory body having jurisdiction: over. the
Grantee.`
SECTION G. LAYING OF PIPE. All main pipe lines shall be
laid at least two feet and all .lateral pipe lines not less than
eighteen
inches below the established grade of said streets,
avenues, alleys, easements, and other public ways and places as
such grades now exist or may hereafter be established, unless
otherwise specifically authorized by proper authority of the City.
SECTION 7._ CONSTRUCTION WORK. The City of Miami reserves
the right to lay and permit to be laid electric conduits, water,
to do and permit
gas
to be done any underground work that may be necessary or proper
and other pipe lines or cables, sewers, and
by the,City Commission or other governing body of the City in,
across, along.or,under, any.street,'alley, public way, easement,
'place or other public ground,; Tn permitting such work to be done,
er
the City of Miami shallnot be liable to the Grantee herein for
any damages so adcasioned, hot shall the City in doing stied. Work
be liable to the Grantee for ahy damages hotwilfully and uh=
hedessarily odeasiohed, WheneVet, by reason of establishing a
grade or by reason of changes in the grade of ahy street, or by
reason of the widening, grading, paving of otherwise improving
present or future streets, alleys, or other public ways and
places, or in the ioc:ation or manner of construction of any water
pipes, electric conduits, sewers or other underground structures,
it shall be deemed necessary by the City Commission or other governing
body of the City to alter, change, adapt or conform the mains, pipe
lines, scrvi.ce'pipe,or other apparatus' or appurtenance of the Grantee.
hereto, such alterations, or Changes, shall he made by, the Grantee
as ordered i.n.writing by the CityCommissi.on or other governing.body
of the City, without` claim. for reimbursement or compensation. for,
damages against the City. If the -City shall require the Grantee to
adapt or conform its 'pipe lines, pipes, structures, apparatus, a p-
purtenances or other appliances, or in any way to alter,, relocate
.or to change its property to'enabie any other person'or corporation,
except. the City, Dade County, or the State. of Florida, to use said
street, alley, easement, highway or public place, the Grantee.shail
be reimbursed by. the person. or corporation desiring or occasioning
such change for any loss, cost.or expense caused by or arising out
of such change, alteration or relocation of. Grantee's property.
The Grantee further agrees that it shall not interfere with, change
or injure any water pipes, drains, or sewers, of said City'of Miami,
Florida, unless it has received specific permission from the City
Commission,.its duly' authorized representative or. Board.
SECTION 8. INDEMNIFICATION. That prior to the beginning of.
any work by the Grantee within the corporate .limits of the City of
Miami, Florida, the,Grantee shall file with the City:Clerk and shall
keep in full force and effect at all times during the effective
period hereof,' insurance certificates evidencing -a liability in-
surance policy or policies, the. terms and conditions whereof shah. be
Such as'to'provide for the protection and indemnification of t-he.Cit.v
with resped t to and ail legally valid Claims of any persons sti f =
feting itijiity, loss of dat ge to person or property by reason of the
cbnstruCtion or operation t,f a natural gas cli.Stributidn system Within
the corporate limits of the. City of Miami,:1.oridaY
Each such insurance policy shallbe subject to the addeptance
and approval of the City Attorney of the City of Miami. Any primary
instirance policy must be issued by a Company having a policyholder's
surplus at least five times the amount of coverage of the policy► and
the Company must have a management rating in gust's Insurance Guide
of BB or better► Any excess policy used trust be issued by Underwriters
acceptable to the City Attornoy of. the City of Miami. Each such
policy shall be in the minimum sum of $150,000,00 for injury or
death to any one person, and in the mimimumsum of $1,000.000.00
-for injury or death to all persons where there is more than one person
involved.in any one accident and in the minimum sum of $500,000.00,
for damage to property, resulting from any one accident, and each of the
said minimum sums shall.remain in full force and shall beundiminished
during .the effective period of.this ordinance.
Every such insurance policy shall contain a provision whereby
every company.e-xecuti.ny the same shall obligate itself to notify
the City Clerk'of Miami, Florida, in writing,.at least thirty. (30)
days before'any.alteration,.modification, or cancellation of such.
policy i.s to become effective.
In the event that any suit is filed or action brought against
.the City, either severally or jointly with the Grantee, 'by. any
person or corporation seeking to recover damages resulting from
or attributable to the operations or the existence of. the Grantee
within the City of Miami, or' arising in any manner whatsoever out
of the operations. or- existence of the Grantee within the City of
Miami, whether due to the Grantee's negligence or otherwise,,the
Grantee shall, ' upon, written notice by 'the 'Ci.ty, defend said suit
or action. and,'i.n the event any judgment therein should be rendered
against the City,'. the Grantee shall promptly pay the sum together
with all costs resulting therefrom.
8ECTIOt4 9: i'i:#1:'OkMM E 1A00: That at the time cif its
addeptande, of. the tettns and donditions of this ordinance as Tiro=
vided in Section li-heteof, the Grantee shai.l. filewith the: City
Clerk, aftet approval by the City Attorney, ati.annual bond in the
Minimum sum of $5,000:00, having. as surety thereon a surety company
qualified to do business in the State of f'i or i.da, and acceptable to
the City, and conditioned for the full and: faithful performance . by
the Grantee of all requirements, duties and obligations imposed
upon it by the provisions of this ordinance, andsuch bond to be
furnished annually shall provide a continuing) guarantee of such
full and faithful performance at all times throughout the effective
period hereof,
StGT1:ON 10. RULES MAKING OF. The Grantee shall have the
right Lo,makc and enforce such reasonable rules and regulations as
it May deem neccssary,for the 'extension of its
fac.ilities, and the
sale of its gas and the prudent conduct of its business, provided
that such r.ulos'.and regulations shall not be in conflict with the
'laws, rules, and other regulatory 'authorities of the. City of Miami,
or Dade County, or . the Sta tc of Florida.
SECTION 11. 'JURISDICTION. In the event that the Florida
public ..Service Commission, or other State regulatory authority,,
Should' be -deprived of the authority to make rules and' regulations
.governing the Grantee, then the.City Commission of, the City of Miami',,
or other governing body, shall have the right to fix reasonable- rand.
compensatory rates .to be paid for gas by the consumers, and to
provide for the extension, repair,, and maintenance of mains and
servi.ce.lines, and the connection with the pipes of the consumers
and the installing and testing of meters, and to regulate the
cluali ty and pressure of gas, and to Provide such other , and further
regulations as shall be reasonably, necessary and proper to provide
adequate rservice to,consumers and to protect their interests,
SECTION 1.2, ACCOUNTS AND RECORDS, The accounts and records
of the Grantee appertaining to gas service rendered hereunder shall
be .maintained within the State of florida, and.. he open at a] 1
reasonable times for inspection by the duly authorized representatives
of the Grantor, The Grantee shall use the Uniform System of AecountP
fO public Gas Utilities pfetCribed by the Plofida tublid ge Vice
CO missioh of the State of Florida* The Grantee thaii establish
afic Maihtaih.appropriate accounts and teeofds in such detail that
revenues Within the limits of the City of Miami are oohs intently
deCiared separately from all other revenues.
The Grantee shall file in duplicate with the City Clerk of ., the
City of Miami, monthly statements of gas revenues derived from within
the City of Miami, anntial financial statements and such other state.
ments and reports as the Grantor may reasonably prescribe. Within
twenty (20),clays after the close of each month, the Grantee shall
file as'required by this section a statement of gas revenues derived
from within the City of Miami for the preceding month. buring
.each annual'period and within one hundred twenty.(120) days.after
the close of.the Grantee's.fiscal year, the`Grantee shall -file as re
gtiired by this section the balance sheet of the year then ended, and
the related statements of income and retained earnings certified by a.
Certified Public Accountant. The Grantee shall at all -times, make
and keep full and complete plats, maps and'records, showing the'
reasonably exact locations,. depth and size of all pipes and pipe lines now
.owned, by it in the City. of Miami, or that may hereafter be laid, and
showing the location and kind of all other, works,. structures, appliances
and appurtenances, and shall furnish the Grantor, within.a reasonable
time, with copies of all such plats, maps, and records, and these
maps and records and all other records and contracts between the
Grantee for distribution in:the City shall be available for inspec-
'tion during business hours to the Grantor through any duly authorized
officer or employee of the Grantor.
SECTION 13. FRANCHISE TAX. In consideration of the: adoption
of this Ordinance by the, Commission of.the City of Miami, the Grantee,
,its successors or assigns shall' pay to the Grantor, or'its successors,
on'or before the 20th.day.of the month following the end of each twelve
Month period during' the term of this franchise, a franchise tax for
the said preceding twelve months,of six percent.(6%) of the Grantee's
'gross revenue from the sale of natural'gas to residentia1,commerea.al,
for Public Gas Utilities prescribed by the Florida tublic'SerVide
C ofi tissioh of the State of F'lotidas, . The Crahtee shall . establish.
and maintaih ' appropriate oiihtt and recbids .in such c eta that
revenues Within the lifiits of the City of Miami are ci hsistefitiy,
declared separately ftoth all other revenues
The:Grantee shall file in duplicate With the City Clerk of the
City of Miami, monthly,statemehts of gas revenues.derived from Within
the City, of Miami, annual financiaitstatements and such other state.,
mehts and reports as the cirantor may reasonably prescribe. Within,
twenty (20)'days after the close of each month, the Grantee shall
file as required by this section,a statement,of gas revenues derived
from within the City of Miami for the.preceding month. During
each annual'period'and within one' hundred twenty (120) days after
the close
of the Grantee's fiscal year, the Grantee shall file as re-
quired by this section the balance sheet of the year then ended, and
the related statements of income and retained earnings certified by a
Certified Public Accountant. The Grantee shall at all times make
and keep full and complete plats,' maps and records, showing the
reasonably exact locations, depth and size of all pipes and pipe lines now
owned by it in the City of Miami, or that may hereafter be laid, and
showing the location and kind of all other works, structures, appliances
and
appurtenances, and shall furnish the Grantor, within a reasonable
time, with copies of all such plats, maps, and records, and these
maps and records and all other records and contracts between the
Grantee for distribution in the City shall be available for inspec-
tion during business hours to the Grantor through any duly authorized
officer or employee of the Grantor.
SECTION 13. FRANCHISE TAX. In consideration of the adoption
of this Ordinance by the Commission of the City of Miami, the Grantee,.
its successors or assigns shall pay to the Grantor, or its successors,
on or before the 20th day of the month following the end of each twelve
month period during the term of this franchise, a franchise tax for
the said preceding twelve months, of six percent (6%) of the Grantee's
gross revenue from the sale of natural gas to residential,commercial,
gbVethhentalr and ihdUstrial customers Within,the Corporate
limits of the Grantor. Nothing herein shall. be dohstrUed to be
a limitation oh the asses5heht and .dbllleetion of valid tastes,
licenses and other impositions by.the'crahtor on and from the
Grantee in ekcess of such six percent' (6%) amount for each
month during the thirty (30) year of this franchise.
5ECTIO 4 14.. t ORkITURE OR REVOCATION Ot: GRANT. That viola-
tion by the Grantee of any of'the Covenants, terms and conditions
hereof, or default by the Grantee in observing or carrying into
effect any of said covenants, terms and conditions, shall authorize
and empower the City Commission to declare a'forfeiture of acid to
revoke and Cancel all rights granted hereunder., provided, however,
that before such action by the Commission shall become operative,
and effective, the Grantee shall have been served by the City with
a written notice setting forth all. matters pertinent to such viola-
tion or'default, and describing the action of the Commission with
respect thereto, and Grantee shall have had a period of sixty,(60)
days. after service of such.notice within which to terminate such
violation or default; and provided further that any violation or
default resulting from a strike, a lockout, an act of God or any,
other cause beyond the control of the Grantee shall not constitute
grounds for revoking and cancelling any rights hereunder. In the
event that the Grantee upon receipt of said written notice from the
City does not desist from such violation within the time aforesaid,
then the Grantee shall be deemed to have forfeited and annulled
and shall thereby forfeit and annul all of the said franchise, grants,
privileges, rights, licenses and immunities given by this franchise.
The Grantee shall not enter into any verbal or written agreement
with any person firm, corporation, or other organization which
agreement is conditioned upon the Grantee receiving tax relief or
any other relief from the Commission. Nothing herein contained shall
prevent the Grantee from negotiating with any person, firm, corpor-
ation, association, or other entity receiving compensation from the
Grantor for the issuance of this franchise or the continuance there-
of under its pr oV i siotls , The Grantee is required to make every
nffort to fnaintaih operation and service at all times °Veil in the
event of any work stoppage by its emp1byoesY
SECTION 15, TERMINATION OF atAND IW. INSOLVENCY OR EANKRUt''PCY
2g OhANPF;t ► That' in ;the event of a final adjbd dation of bank
rurtcy of the Grantee, the. City shallhave full mower and authority
to terminate, . revoke and cancel any and ail rights granted itnder
the provisions of this Ordinance (Franchise).
SECTION 16 CHANGES IN PROVISIONS IIERi OP, That minor. Chances
in the terms and conditions hereof may be madeby written agreement
between the City and the Grantee without further ratification by
the electors of the City, provided, however, that this Section
shall not be construed as conferring authority to make any changes
in or modifications of the provisions of this Ordinance which would be
repugnant to or inconsistent with basic factors or principles under-
lying the terms and conditions hereof.
SECTION 17. REPEALING SECTION. That all ordinances or parts
of ordinances, i.nsofar as they are inconsistent with or in conflict
with the provisions of this Ordinance, be
repealed.
and
the
same
are hereby
SECTION 1$. SAVING PROVISION. That, if any section, part
of section, paragraph, ., sentence or clause of this Ordinance shall.
be adjudged by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of any other portion
hereof, but shall be restricted and limited in its operation and
effect to that specific portion hereof involved in the controversy
in which such decision shall have been rendered.
SECTION 19. ORDINANCE EFFECTIVE UPON RATIF1CATION I3Y
ELECTORATE.. This Ordinance shall takeeffect as soon as it shall.
have been ratified and approved by the electors of the City, in
accordance with the provisions of Section 74 of the City Charter.
The Grantee shall pay al.lcosts of publication of the notice of
the franchise election, . and agrees to deposit the sum of $5,000,00
with the Cleric of the City of Miami,Florida, to guarantee payment of
a portion of the election costs.
ftdtiot..._Jtidift,VA.IlittettAgta the Orantar hereby fesefVes
the fight at and after the ek iiratift of this r f'af1ti and/or ih the
event of the drantee l s. forfeittife of ahy Of the terra, conditions
aid proViaibhs of this Pranehise Ordinaftee, to pursehase the physicai
property of the grantee used under this grant at a Vatilatibh deter,-
Mihed in accordance with the prOVisions of the general 1sW noW in
effect,. including Section 167.22, Florida Statutes 1959.
SECTION..21. EMERGENCY CLAUSE hereby
this Ordinance is here
declared to be an emergency measure on the ground of urgent public
need for the preservation of peace, health, safety and property and
the requirement of reading this ordinance on tWo separate days is
hereby dispensed with by a vote of not less than four -fifths of
the members of the Commission.
SECTION 22. Itisrequested that this proposed Ordinance
Amendment be submitted in substantially the following form to the
electors of the City of Miami;
Shalla limited non-exclusive gas franchise be granted
to the City Gas Company, its successors or assigns in the
City of Miami'in the area bounded on the East by 27th
Avenue as the same is extended North and South to the City
limits and from 27th Avenue West to the Western boundaries
of the City of Miami?
SECTION 23. The Board of County Commissioners of Metropolitan
Dade County is requested to submit this proposed Ordinance Amend-
ment to the electors of the City of Miami at the November 5, 1974,
State. of Florida and Dade County General Election.
SECTION 24. The Supervisor of Elections, Metropolitan Dade
County, is requested to provide the assistance necessary to
properly submit this Ordinance Amendment to the electors of
the City of Miami. The registration of persons qualified to vote
for or against this proposed Ordinance Amendment, the list of
polling places in the applicable precincts, the names of those
1
Persons dedignated attd addighed to serveas clerks of eiectidf
and as ifispeetors of election, and the fort of ballot to be tided
(prepared in compliance with all statutory tecuireMente relating
to the Use of mechanical voting machines) shad be as contained
as tovided, designated, assigned
iti the records of, p
, or established
by the Supervisor of Elections, Metropolitan Dade County. !The
City of Miami City Clerk is hereby designated as the official
representative of the City of Miami City Commission in all trans-
actions with the Supervisor of Elections,' Metropolitan Dade County
in relation to matters pertaining to the use of registration books,
records and for all purposes in connection with said election.
SECTION 25. The, City Clerk is hereby authorized and
directed to give notice of the adoption of this ordinance and
of the provisions thereof by and through the publication of an
appropriate advertisement in two daily newspapers of general
circulation in the City of Miami at least thirty days before the
day said election is to be held.
SECTION 26. All ordinances, code, sections or parts thereof
in conflict herewith, insofar as they are in conflict, are hereby
repealed.
SECTION 27. If any section, sentence, clause, phrase,
or word of this ordinance is for any reason held or declared
to be unconstitutional, inoperative or void, such holding or
invalidity shall not affect the remaining portions of this
ordinance; and it shall be construed to have been the intent
of the Commission of the City of Miami to pass this ordinance
without such unconsitutional, invalid, or inoperative part
therein; and the remainder of this ordinance, after the exclu-
11 -
slot of atidh daft or parts thatt be deeffied Gild held to be valid
as if shin parts had hot been ihdtiided theteiha
PASSED AND ADOPTED DY TITLE °MY this 25t i day of ►ally, 1974
ATTEST:
CITY CLER1<
PREPARED AND APPROVED BY:
Michel E. Anderson
Assistant City Attorney
APPROVED AS TO FORM� AND CORRECTNESS:
. Lloyd City A
MAYOR