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2019-004-406 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 Page 2of14 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. Ordinance No. 2019-004-406 Page 3 of 14 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 Ordinance No. 2019-004-406 Page 4 of 14 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. Ordinance No. 2019-004-406 Page 5 of 14 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. Ordinance No. 2019-004-406 Page 6 of 14 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. Ordinance No. 2019-004-406 Page 7 of 14 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 Ordinance No. 2019-004-406 Page 8 of 14 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 Ordinance No. 2019-004-406 Page 9 of 14 (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 Page 10 of 14 (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. Ordinance No 2019-004-406 Page 11 of 14 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. Ordinance No. 2019-004-406 Page 12 of 14 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 Ordinance No. 2019-004-406 Page 13 of 14 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. �` 121041202 C:.• N ARY PU a ure1. = N01pRy pU611 . Commission GG050138: p 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