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ORDINANCE NO. 2019- S '1 <br /> AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, <br /> FLORIDA, GRANTING TO FLORIDA POWER & LIGHT <br /> COMPANY, ITS SUCCESSORS AND ASSIGNS, A NON- <br /> EXCLUSIVE ELECTRIC FRANCHISE, IMPOSING PROVISIONS <br /> AND CONDITIONS RELATING THERETO; PROVIDING FOR <br /> MONTHLY PAYMENT OF A FRANCHISE FEE TO THE CITY; <br /> PROVIDING FOR ADOPTION OF REPRESENTATIONS; <br /> REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A <br /> SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. <br /> WHEREAS, the City of Sunny Isles Beach ("City") Commission recognizes that <br /> the City and its citizens need and desire the continued benefits of electric service; and <br /> WHEREAS, the provision of such electric service requires substantial investments <br /> of capital and other resources in order to construct, maintain, and operate facilities <br /> essential to the provision of such service in addition to costly administrative functions, and <br /> the City does not desire to undertake to provide such services at this time; and <br /> WHEREAS, Florida Power & Light Company ("FPL") is a public utility that has the <br /> demonstrated ability to supply such services; and <br /> WHEREAS, there is currently in effect a franchise agreement between Miami-Dade <br /> County ("County") and FPL, the terms of which are set forth in County Ordinance 89-81, <br /> passed and adopted on July 25, 1989, which grants a thirty (30) year non-exclusive <br /> electric franchise to FPL to utilize public rights of way throughout the unincorporated and <br /> incorporated areas of the County, in return for FPL paying the County certain franchise <br /> fees, among other things, as expressly provided therein ("Existing Franchise Agreement"); <br /> and <br /> WHEREAS, FPL and the City desire to enter into a new franchise agreement ("New <br /> Franchise Agreement") providing for the payment of fees to the City in exchange for the <br /> � � l <br />