HomeMy WebLinkAbout2019-004-406 FPL Electric Franchise ORDINANCE NO. 2019-004-406
AN ORDINANCE OF THE CITY OF MIAMI GARDENS, FLORIDA
GRANTING TO FLORIDA POWER & LIGHT COMPANY, ITS
SUCCESSORS AND ASSIGNS, A NON-EXCLUSIVE ELECTRIC
FRANCHISE, IMPOSING PROVISIONS AND CONDITIONS
RELATING THERETO; PROVIDING FOR MONTHLY PAYMENT OF
A FRANCHISE FEE TO THE CITY; PROVIDING FOR ADOPTION
OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN
CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City of Miami Gardens ("City") Council recognizes that the City and
its citizens need and desire the continued benefits of electric service; and
WHEREAS, the provision of such electric service requires substantial investments of
capital and other resources in order to construct, maintain, and operate facilities essential
to the provision of such service in addition to costly administrative functions, and the City
does not desire to undertake to provide such services at this time; and
WHEREAS, Florida Power & Light Company ("FPL") is a public utility that has the
demonstrated ability to supply such services; and
WHEREAS, there is currently in effect a franchise agreement between Miami-Dade
County ("County") and FPL, the terms of which are set forth in County Ordinance 89-81,
passed and adopted on July 25, 1989, which grants a thirty (30) year non-exclusive electric
franchise to FPL to utilize public rights of way throughout the unincorporated and
incorporated areas of the County, in return for FPL paying the County certain franchise fees,
among other things, as expressly provided therein ("Current Franchise Agreement"); and
WHEREAS, FPL and the City desire to enter into a new franchise agreement ("New
Franchise Agreement") providing for the payment of fees to the City in exchange for the
Ordinance No. 2019-004-406
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nonexclusive right and privilege of supplying electricity and other services within the City,
free of competition from the City, pursuant to certain terms and conditions; and
WHEREAS, Section 4.3 of the City Charter provides that where the City Council
grants, renews or extends a franchise, an Ordinance must be adopted; and
WHEREAS, the City Council deems it to be in the public interest to enter into this
New Franchise Agreement to address certain rights and responsibilities of the City and FPL
as they relate to the use of the public rights-of-way within the City's jurisdiction.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AS FOLLOWS:
Section 1. Incorporation of Recitals. The above-stated recitals are true and
correct and are incorporated herein by this reference.
Section 2. Grant of Electric Utility Franchise; Term of Franchise. There is hereby
granted to Florida Power & Light Company, its successors and assigns (hereinafter called
"FPL"), for the period of thirty (30) years from the effective date hereof, the nonexclusive
right, privilege and franchise (hereinafter called "Franchise") to construct, operate and
maintain in, under, upon, along, over and across the present and future roads, streets,
alleys, bridges, easements, rights-of-way and other public places (hereinafter called "Public
Rights-Of-Way") throughout all of the incorporated areas, as such incorporated areas may
be constituted from time to time, of the City of Miami Gardens, Florida, and its governmental
successors by operation of law, if any, (hereinafter called the "City"), in accordance with
FPL's customary practices, and practices prescribed herein, with respect to construction and
maintenance, electric light and power facilities, including, without limitation, conduits,
underground conduits, poles, wires, transmission and distribution lines, and all other
facilities installed in conjunction with or ancillary to all of FPL's operations (herein called
"Facilities"), for the purpose of supplying electricity and other related services to the City and
its successors, the inhabitants thereof, and persons beyond the limits thereof.
Section 3. Facilities Requirements.
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a) FPL's Facilities shall be installed, constructed, erected, located or relocated
so as to not unreasonably interfere with the convenient, safe, continuous
use or the maintenance, improvement, extension or expansion of any public
"road" as defined under the Florida Transportation Code, nor unreasonably
interfere with traffic over the Public Rights-Of-Way, nor unreasonably
interfere with reasonable egress from and ingress to abutting property.
b) To minimize conflicts with the standards set forth in subsection (a) above,
the location, relocation, installation, construction, or erection of all facilities
shall be made as representatives of the City may prescribe in accordance
with the City's reasonable rules and regulations with reference to the placing
and maintaining in, under, upon, along, over and across said Public Rights-
Of-Way; provided, however, that such rules or regulations (i) shall be for a
valid municipal purpose; (ii) shall not prohibit the exercise of FPL's right to
use said Public Rights-Of-Way for reasons other than unreasonable
interference with traffic or transit; (iii) shall not unreasonably interfere with
FPL's ability to furnish reasonably sufficient, adequate and efficient electric
service to all of its customers; and (iv) shall not require the relocation of any
of FPL's Facilities installed before or after the effective date hereof in Public
Rights-Of-Way unless or until widening or otherwise changing the
configuration of the paved portion of any public right-of-way used by motor
vehicles causes such installed Facilities to unreasonably interfere with the
convenient, safe, or continuous use, or the maintenance, improvement,
extension, or expansion of any such public "road," or unless such relocation
is required by state or federal law.
c) Such rules and regulations shall recognize that FPL's above-grade
Facilities installed after the effective date hereof should be installed near
the outer boundaries of the Public Right-Of-Way to the extent possible.
d) When any portion of a Public Right-Of-Way is excavated, damaged, or
impaired by FPL (or any of FPL's agents, contractors, or subcontractors)
because of the installation, inspection, or repair of any of FPL's Facilities,
the portion of the Public Right-Of-Way so excavated, damaged, or impaired
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shall, within a reasonable time after such excavation, damage, or
impairment, be restored by FPL at its expense to a condition at least equal
to its original condition before such damage.
e) The City shall not be liable to FPL for any cost or expense in connection
with any relocation of FPL's Facilities required under this Subsection (b) of
this Section, except, however, FPL shall be entitled to reimbursement of its
costs from others.
f) FPL shall comply with the City's valid code and permit requirements and
regulations, including those relating to rights-of-way. Except as expressly
provided, nothing herein shall limit or alter the City's existing rights with
respect to the use or management of its rights-of-way. Any changes in law
on utility easements shall not affect this New Franchise Agreement.
Section 4. Indemnification of the City. The acceptance of this New Franchise
Agreement shall be deemed an agreement on the part of FPL to the following: (a) that FPL
will defend, indemnify, and save the City harmless from any and all damages, claims,
liability, losses and causes of action of any kind or nature arising out of an error, omission,
or negligent act of FPL, its contractors or any of their agents, representatives, employees,
or assigns, or anyone else acting by or through them, and arising out of or concerning the
construction, operation or maintenance of its Facilities hereunder; and (b) that FPL will pay
all damages, claims, liabilities and losses of any kind or nature whatsoever, in connection
therewith, including the City's attorney's fees and costs in the defense of any action in law
or equity brought against the City, including appellate fees and costs and fees and costs
incurred to recover attorney's fees and costs from FPL, arising from the error, omission, or
negligent act of FPL, its contractors or any of their agents, representatives, employees, or
assigns, or anyone else acting by or through them, and arising out of or concerning the
construction, operation or maintenance of its Facilities hereunder.
Section 5. Rates, Rules and Regulations of FPL. All rates and rules and
regulations established by FPL from time to time shall be subject to such regulation as may
be provided by law.
Section 6. Franchise Fee; Calculation; Payment.
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a) Notwithstanding any other provision in this New Franchise Agreement, as a
consideration for this Franchise, FPL shall pay to the City, commencing ninety
(90) days after the effective date hereof, and each month thereafter for the
remainder of the term of this Franchise, an amount which when added to the
amount of all licenses, excises, fees, charges and other impositions of any
kind whatsoever (except ad valorem property taxes and non-ad valorem tax
assessments on property) levied or imposed by the City against FPL's
property, business or operations and those of its electric service subsidiaries
during FPL's monthly billing period ending sixty (60) days prior to each such
payment will equal six (6.0%) percent of FPL's billed revenues (less actual
write-offs) from the sale of electrical energy to residential, commercial and
industrial customers (as such customers are defined by FPL's tariff) within the
City's boundaries for the monthly billing period ending sixty (60) days prior to
each such payment, and in no event shall payments for the rights and
privileges granted herein exceed six (6.0%) percent of such revenues for any
monthly billing period of FPL (except as expressly provided in this New
Franchise Agreement). For purposes of this section, the term "write-offs"
refers to uncollectable billed revenues from the sale of electrical energy to
residential, commercial, and industrial customers within the City's boundaries.
b) The City understands and agrees that such revenues as described in the
preceding paragraph are limited to the precise revenues described therein,
and that such revenues do not include by way of example and not limitation.-
(a)
imitation:(a) revenues from the sale of electrical energy for Public Street and Highway
Lighting (service for lighting public ways and areas); (b) revenues from
Other Sales to Public Authorities (service with eligibility restricted to
governmental entities); (c) revenues from Sales to Railroads and Railways
(service supplied for propulsion of electric transit vehicles); (d) revenues
from Sales for Resale (service to other utilities for resale purposes) so long
as not done as a circumvention hereof; (e) Late Payment Charges; (f) Field
Collection Charges; (g) other service charges.
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c) Increased Benefits Clause. If during the term of this New Franchise
Agreement, FPL enters into a franchise agreement with any other
municipality located in Miami-Dade County or Broward County Florida, or
with Miami-Dade County itself or with Broward County itself, each such
municipality or county referred to herein as an "Other Governmental Entity,"
the terms of which provide for the payment of franchise fees by FPL at a
rate greater than six (6.0%) percent of FPL's residential, commercial and
industrial revenues (as such customers are defined by FPL's tariff), under
the same terms and conditions as specified in Section 6(a) hereof, FPL,
upon written request of the City, shall enter into a new franchise agreement
with the City for that increased rate and if the agreement with said Other
Governmental Entity contains additional benefits given to FPL in exchange
for the increased franchise rate, which such additional benefits are not
contained in this New Franchise Agreement, such new franchise agreement
shall include those additional or reasonably equivalent benefits to FPL.
Subject to all limitations, terms and conditions specified in the preceding
sentence, the City shall have the sole discretion to determine the
percentage to be used in calculating monthly payments, and FPL shall have
the sole discretion to determine those benefits to which it would be entitled,
under any such new franchise agreement.
Section 7. Non-Competition by City. As a further consideration, during the term of
this franchise or any extension thereof, the City agrees: (a) not to engage in the distribution
and/or sale, in competition with FPL, of electric capacity and/or electric energy to any
ultimate consumer of electric utility service (herein called a "retail customer") or to any
electrical distribution system established solely to serve any retail customer presently served
by FPL within the City's limits; and (b) not to participate in any proceeding or contractual
arrangement, the purpose or terms of which would be to obligate FPL to transmit and/or
distribute, electric capacity and/or electric energy from any third party(ies) to any other retail
customer's facility(ies). Nothing specified herein shall prohibit the City from engaging with
other utilities or persons in wholesale transactions which are subject to the provisions of the
Federal Power Act, as may be amended from time to time.
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The City may, if permitted by law, (i) generate electric capacity and/or energy at any
facility owned or leased by the City for storage or utilization at that facility or other City-
owned or leased facilities as chosen by the City, and (ii) use renewable energy sources to
generate electric capacity and/or energy for use in demonstration projects or at City
facilities, including but not limited to, City Hall, and (iii) sell electric capacity and/or energy
to FPL or other wholesale purchasers in compliance with applicable tariffs, and/or federal
or state laws, rules and regulations controlling such transactions. The term "retail
customer," for purposes of this section shall not include the City itself.
Nothing herein shall prohibit the City, if permitted by law, (i) from purchasing electric
capacity and/or electric energy from any other person, or (ii) from seeking to have FPL
transmit and/or distribute to any facility(ies) of the City electric capacity and/or electric
energy purchased by the City from any other person; provided, however, that before the
City elects to purchase electric capacity and/or electric energy from any other person, the
City shall notify FPL. Such notice shall include a summary of the specific rates, terms
and conditions which have been offered by the other person and identify the City's
facilities to be served under the offer. FPL shall thereafter have 90 days to evaluate the
offer and, if FPL offers rates, terms and conditions which are equal to or better than those
offered by the other person, the City shall be obligated to continue to purchase from FPL
electric capacity and/or electric energy to serve the previously identified facilities of the
City for a term no shorter than that offered by the other person. If FPL does not agree to
rates, terms and conditions which are equal to or better than the other person's offer, all
of the remaining terms and conditions of this Franchise shall remain in effect.
Section 8. Competitive Disadvantage; FPL's Rights. If the City grants a right,
privilege or franchise to any other person to construct, operate or maintain electric light and
power facilities within any part of the City's boundaries in which FPL may lawfully serve or
compete on terms and conditions which FPL reasonably determines are more favorable
than the terms and conditions contained herein, FPL may at any time thereafter terminate
this Franchise if such terms and conditions are not remedied within the time period provided
hereafter. FPL shall give the City at least one hundred eighty (180) days advance written
notice of its intent to terminate. Such notice shall, without prejudice to any of the rights
reserved for FPL herein, advise the City of such terms and conditions that it considers more
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favorable and the objective basis or bases of the claimed competitive disadvantage. The
City shall then have ninety (90) days in which to correct or otherwise remedy the terms and
conditions complained of by FPL, and the City and FPL agree to negotiate in good faith
toward a mutually acceptable resolution of FPL's claims during this 90-day period. If FPL
reasonably determines that such terms or conditions are not remedied by the City within
said time period, and if no mutually acceptable resolution is reached by FPL and the City
through negotiation, FPL may terminate this Franchise agreement by delivering written
notice to the City's Clerk, City's Manager, and City's Attorney, and termination shall be
effective ninety (90) days from the date of delivery of such notice. Nothing contained herein
shall be construed as constraining the City's rights to legally challenge at any time FPL's
determination leading to termination under this Section.
Section 9. Legislative or Regulatory Action. If as a consequence of any
legislative, regulatory or other action by the United States of America or the State of Florida
(or any department, agency, authority, instrumentality or political subdivision of either of
them) any person is permitted to provide electric service within the City's boundaries to a
customer then being served by FPL, or to any new applicant for electric service within any
part of the City's boundaries in which FPL may lawfully serve, and FPL reasonably
determines that its obligations hereunder, or otherwise resulting from this Franchise in
respect to rates and service, place it at a material competitive disadvantage with respect
to such other person, FPL may, at any time after the taking of such action, terminate this
Franchise if such competitive disadvantage is not remedied as provided hereafter. Such
competitive disadvantage can be remedied by either of the following methods: (i) if the
City either cannot legally, or does not, charge a franchise fee to other electricity
supplier(s), then the City can remedy the disadvantage by reducing FPL's franchise fee
rate to zero; or (ii) if the City is able to charge, and does charge, such other electricity
supplier(s) a franchise fee at a rate less than the 6.0% rate calculated as provided in
Section 6 of this Agreement, then the City can remedy the disadvantage by reducing
FPL's franchise fee rate to the same rate, with the same applicability and calculation
methodology, as applies to such other electricity supplier(s). If the City does not
implement either of the foregoing solutions, FPL may terminate the Agreement, in
accordance with the following process: FPL shall give the City at least one hundred eighty
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(180) days advance written notice of its intent to terminate. Such notice shall, without
prejudice to any of the rights reserved for FPL herein, advise the City of the consequences
of such action which resulted in the competitive disadvantage and the objective basis or
bases of the claimed competitive disadvantage, and the City and FPL agree to negotiate
in good faith toward a mutually acceptable resolution of FPL's claimed disadvantage
during this 180-day period. If such competitive disadvantage is, in the reasonable
determination of FPL, not remedied by the City within said time period, and if no mutually
acceptable resolution of the matter is reached through negotiation, FPL may terminate
this franchise agreement by delivering written notice to the City's Clerk and termination shall
take effect ninety (90) days from the date of delivery of such notice. Nothing contained
herein shall be construed as constraining the City's rights to legally challenge at any time
FPL's determination of competitive disadvantage leading to termination under this Section.
Section 10. FPL's Failure to Comply. Failure on the part of FPL to comply in any
material respect with any of the provisions of this Franchise shall be grounds for forfeiture,
but no such forfeiture shall take effect if the reasonableness or propriety thereof is protested
by FPL until there is final determination (after the expiration or exhaustion of all rights of
appeal) by a court of competent jurisdiction within Miami-Dade County, Florida that FPL has
failed to comply in a material respect with any of the provisions of this Franchise, and FPL
shall have six (6) months after such final determination to make good the default before a
forfeiture shall result, with the right of the City, at its discretion, to grant such additional time
to FPL for compliance as necessities in the case require.
Section 11. City's Failure to Comply. Failure on the part of the City to comply in
material respect with any of the provisions of this Ordinance, including, but not limited to: (a)
denying FPL use of Public Rights-Of-Way for reasons other than as set forth in Section 3 of
this New Franchise Agreement; (b) imposing conditions for use of Public Rights-Of-Way
contrary to Federal or Florida law or the express terms and conditions of this Franchise; (c)
unreasonable delay in issuing FPL a use permit, if any, to construct its Facilities in Public
Rights-Of-Way, shall constitute breach of this Franchise. FPL shall notify the City of any
such breach in writing sent by United States Certified Mail, return receipt requested, or via
a nationally recognized overnight courier service, and the City shall then remedy such
breach within ninety (90) days and if it is not a breach that can be remedied within ninety
Ordinance No. 2019-004-406
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(90) days, then as soon as practicable. Should the breach not be timely remedied, FPL shall
be entitled to seek a remedy available under law or equity from a court of competent
jurisdiction, including the remedy of obtaining judicial relief that permits the withholding of
franchise fees. The Parties recognize and agree that nothing in this New Franchise
Agreement constitutes or shall be deemed to constitute a waiver of either party's delegated
sovereign right of condemnation and that either party, in its sole discretion, may exercise
such right.
Section 12. Audit and Inspection. The City may, at its expense, upon reasonable
notice and within ninety (90) days after each anniversary date of this Franchise, examine
FPL's records relating to the calculation of the franchise payment for the year preceding
such anniversary date. Such examination shall be during normal business hours at FPL's
office where such records are maintained. Records not prepared by FPL in the ordinary
course of business or as required herein may be provided at the City's expense and as the
City and FPL may agree in writing. Information identifying FPL's customers by name or their
electric consumption shall not be taken from FPL's premises. Such audit shall be impartial
and all audit findings, whether they decrease or increase payment to the City, shall be
reported to FPL. The City's examination of FPL's records in accordance with this Section
shall not be conducted by any third party employed or retained by the City whose fee, in
whole or part, for conducting such audit is contingent on findings of the audit. At the City's
request no more than once annually, FPL will provide to the City an electronic version of
a billing list of all FPL customer addresses within the incorporated areas of the City. The
City will respect FPL's confidential documents. The City will be given access to confidential
documents while on FPL premises, but shall not remove those confidential documents from
FPL premises unless expressly authorized to do so by FPL. Information relative to this audit
and likely to be deemed confidential by FPL includes, but is not limited to, nonpublic
customer or customer account information, nonpublic policies and procedures, and any
other nonpublic information that gives FPL an opportunity to gain an advantage over its
competitors.
Section 13. Severability. If any section, subsection, sentence, clause or provision
of this ordinance is held invalid, the remainder of the ordinance shall not be affected by
such invalidity.
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Section 14. Existing Franchise Agreement. The City acknowledges it is fully
informed concerning the existing franchise granted by Miami-Dade County, Florida, to
FPL, and accepted by FPL as set out in Ordinance No. 60-16 adopted on May 3, 1960,
and subsequently renewed and accepted by FPL as set out in Ordinance No. 89-81
adopted on September 5, 1989 by the Board of County Commissioners of Miami-Dade
County, Florida, and as adopted by the City on June 17, 1997 in an interlocal agreement
with Miami-Dade County ("Existing Agreement"). The City agrees to indemnify and hold
FPL harmless against any and all liability, loss, cost, damage and expense incurred by
FPL in respect to any claim asserted by Miami-Dade County against FPL arising out of
the franchise set out in the above referenced ordinances for the recovery of any sums of
money paid by FPL to City under the terms of this New Franchise Agreement. FPL
acknowledges and the City hereby relies on then Dade County Resolution No. R-709-78
adopted on June 20, 1978 in the granting of this Franchise.
Section 15. Definitions. As used herein "person" means an individual, a
partnership, a corporation, a business trust, a joint stock company, a trust, an incorporated
association, a joint venture, a governmental authority or any other entity of whatever nature.
Section 16. Repeal. All ordinances and parts of ordinances and all resolutions and
parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict.
Section 17. Effective Date. As a condition precedent to the taking effect of this
Ordinance, FPL shall file its acceptance hereof with the City's Clerk within thirty (30) days of
adoption of this Ordinance. The effective date of this Ordinance shall be when the Current
Agreement terminates by the expiration of time or on the effective date of a new franchise
agreement between Miami-Dade County and FPL, whichever occurs first.
Section 18. Pre-Suit Dispute Resolution. The Parties to this Franchise agree that
it is in each of their respective best interests to avoid costly litigation as a means of resolving
disputes which may arise hereunder. Accordingly, the Parties agree that they will meet at
the senior management level in an attempt to resolve any disputes within thirty (30) days of
notification of the dispute.
Section 19. Governing Laws. This New Franchise Agreement shall be governed
and construed by the applicable laws of the Federal Government, State of Florida, Miami-
Dade County, and the Charter, Codes and Ordinances of the City.
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Section 20. Venue. In the event that any legal proceeding is brought to enforce the
terms of this New Franchise Agreement, it shall be brought by either party hereto in Miami-
Dade County, Florida, or, if a federal claim, in the U.S. District Court in and for the Southern
District of Florida, Miami Division.
Section 21. Entire Agreement. This New Franchise Agreement is intended to
constitute the sole and entire agreement between the City and FPL with respect to the
subject matter hereof and correctly sets forth the rights, duties, and obligations of each of
the other as of its date. Any prior agreements, promises, negotiations, or representations
not expressly set forth in this Agreement are of no force or effect, and this agreement
supersedes all prior drafts and verbal or written agreements, commitments, or
understandings, which shall not be used to vary or contradict the expressed terms herein.
Both parties have been represented by counsel of their choosing with regard to this New
Franchise Agreement.
Section 22. Modification. It is further understood that no modification, amendment
or alteration in the terms or conditions contained herein shall be effective unless contained
in a written document executed with the same formality and of equal dignity herewith, and
approved by the City Council.
Section 23. Notice. Except in exigent circumstances, and except as may otherwise
be specifically provided for in this Franchise, all notices by either party shall be made by
United States Certified Mail, return receipt requested, or via a nationally recognized
overnight courier service. Any notice given by facsimile or email is deemed to be
supplementary, and does not alone constitute notice hereunder. All notices shall be
addressed as follows:
a) To the City of Miami Gardens: City Manager, 18605 N.W. 27th Avenue, Miami
Gardens, Florida 33056
b) With a copy to the City Attorney: 18605 N.W. 27th Avenue, Miami Gardens,
Florida 33056
c) To Florida Power and Light Company: Vice President, External Affairs, 700
Universe Boulevard, Juno Beach, FL 33408
d) With a copy to the Florida Power and Light Company Attorney: General
Counsel, 700 Universe Boulevard, Juno Beach, FL 33408
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Any changes to the above shall be in writing and provided to the other party as soon as
practicable.
Section 24. Compliance with Federal, State and Local Laws. The City and FPL
agree to comply with and observe all applicable Federal, State and valid and non-
preempted local laws, rules, regulations, codes and ordinances, as they may be amended
from time to time.
Section 25. Nondiscrimination. FPL represents and warrants to the City that FPL
does not and will not engage in discriminatory practices and that there shall be no
discrimination in connection with FPL's performance under this Franchise on account of
race, color, sex, sexual preference, religion, age, handicap, marital status or national origin.
FPL further covenants that no otherwise qualified individual shall, solely by reason of his/her
race, color, sex, sexual preference, religion, age, handicap, marital status or national origin,
be excluded from participation in, be denied services, or be subject to discrimination under
any provision of this Franchise.
Section 26. Approval of Agreement. Execution of this ordinance by the City Mayor,
the City Attorney, and the City Clerk, shall constitute evidence of the New Franchise
Agreement's approval after public hearing by the City Council.
Section 27. Attorney's Fees and Costs. In the event either the City or FPL must
initiate litigation to enforce this New Franchise Agreement, the prevailing party shall be
entitled to an award of all reasonable attorney's fees and costs, at all levels of litigation,
including trials and appeals, including but not limited to fees for litigating entitlement to and
amount of attorney's fees.
THIS SPACE INTENTIONALLY LEFT BLANK
PASSED on first reading this 24th day of APRIL, 2019.
PASSED AND ADOPTED on second reading this 22nd day of MAY, 2019.
Ordinance No. 2019-004-406
Page 14 of 14
CITY OF MIAMI GARDENS, FLORIDA
By:
MAYOR OLIVER GILBERT, III
ATTEST:
By: /' A /J (SEAL)
MARIO BATAILLE, CMC, CITY CLERK
REVIEWED BY: SONJA K. DICKENS, ESQ., CITY ATTORNEY
SPONSORED BY: CAMERON D. BENSON, CITY MANAGER
MOVED BY: Mayor Gilbert
SECONDED BY: Vice Mayor Harris
VOTE: 7-0
Mayor Oliver Gilbert III X (Yes) (No)
Vice Mayor Rodney Harris X (Yes) (No)
Councilman Reggie Leon X (Yes) (No)
Councilwoman Lillie Odom X (Yes) (No)
Councilwoman Katrina Wilson X (Yes) (No)
Councilman David Williams Jr. X (Yes) (No)
Councilman Erhabor Ighodaro X (Yes) (No)
This Ordinance was filed in the Office of the City Clerk this 22nd day of MAY, 2019.
ACCEPTANCE OF ELECTRIC FRANCHISE
ORDINANCE NO. 2019-004-406
BY FLORIDA POWER & LIGHT COMPANY
City of Miami Gardens, Florida
Florida Power & Light Company does hereby accept the electric franchise in the City of
Miami Gardens, Florida, granted by Ordinance No. 2019-004-406, being:
AN ORDINANCE OF THE CITY OF MIAMI GARDENS, FLORIDA,
GRANTING TO FLORIDA POWER & LIGHT COMPANY, ITS
SUCCESSORS AND ASSIGNS, A NON-EXCLUSIVE ELECTRIC
FRANCHISE, IMPOSING PROVISIONS AND CONDITIONS RELATING
THERETO; PROVIDING FOR MONTHLY PAYMENT OF A FRANCHISE
FEE TO THE CITY; PROVIDING FOR ADOPTION OF
REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE
DATE.
which was passed and adopted on May 22, 2019.
This instrument is filed with the City Clerk of the City of Miami Gardens, Florida, in
accordance with the provisions of Section 17 of said Ordinance. The effective date of this electric
franchise shall be the date the current electric franchise between Miami-Dade County and Florida
Power & Light Company terminates by expiration of time or on the effective date of a new
franchise between Miami-Dade County and Florida Power & Light Company, whichever occurs
first.
FLORIDA POWER & LIGHT COMPANY
By e4w
Pamela M. Rauch, Vice President
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me thisD_ day o 1
2019 by Pamela M. Rauch of Florida Power & Light Company, a Florida corporati on behaI,f'willml/w��
of the corporation, who is personally known to me. \��.�``�hetie Mr,, ''%,,�
o . O.
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Commission
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I HEREBY ACKNOWLEDGE receipt of the above Acceptance of Electric Franchise
Ordinance No. 2019-004-406 by Florida Power & Light Company, and certify that I have filed
the samejor record ig the permanent files and records of the City of Miami Gardens, Florida on
this day of 2019.
(SEAL) Clerk, City of Miami Gardens, Florida
ACCEPTANCE OF ELECTRIC FRANCHISE
ORDINANCE NO. 2019-004-406
BY FLORIDA POWER & LIGHT COMPANY
City of Miami Gardens, Florida
Florida Power & Light Company does hereby accept the electric franchise in the City of
Miami Gardens. Florida, granted by Ordinance No. 2019-004-406, being.
AN ORDINANCE OF THE CITY OF MIAMI GARDENS, FLORIDA,
GRANTING TO FLORIDA POWER & LIGHT COMPANY, ITS
SUCCESSORS AND ASSIGNS, A NON-EXCLUSIVE ELECTRIC
FRANCHISE, IMPOSING PROVISIONS AND CONDITIONS RELATING
THERETO; PROVIDING FOR MONTHLY PAYMENT OF A FRANCHISE
FEE TO THE CITY; PROVIDING FOR ADOPTION OF
REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE
DATE.
which was passed and adopted on May 22, 2019.
This instrument is filed with the City Clerk of the City of Miami Gardens, Florida, in
accordance with the provisions of Section 17 of said Ordinance. The effective date of this electric
franchise shall be the date the current electric franchise between Miami-Dade County and Florida
Power & Light Company terminates by expiration of time or on the effective date of a new
franchise between Miami-Dade County and Florida Power & Light Company, whichever occurs
first.
FLORIDA POWER & LIGHT COMPANY
By �ui via
Pamela M. Rauch, Vice President
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this,, day of ,A
2019 by Pamela M. Rauch of Florida Power & Light Company, a Florida corporatio , on beha;f\��,,,,,�,,,,,����
of the corporation, who is personally known to me.
1210412020
TARY P nature NOTHY PUBLIC
commission t
s' ..GG050138
OF
I HEREBY ACKNOWLEDGE receipt of the above Acceptance of Electric Franchise '"'Iu►1►111110�
Ordinance No. 2019-004-406 by Florida Power & Light Company, and certify that I have filed
the same f r record in th permanent files and records of the City of Miami hardens, Florida on
this / f day of ��c l 2019. X: /
Ga'
(SEAL) t Clerk, City of Miami Gardens, Florida