Ordinance 2019-537 - Laserfiche WebLink

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Page 2 of 15 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 Commission grants, renews or extends a franchise, an Ordinance must be adopted; and WHEREAS, the City Commission 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 COMMISSION OF THE CITY OF SUNNY ISLES BEACH, 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 Sunny Isles Beach, 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.