Resolution 005-1965
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RESOLUTION NO:' 5-1965
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY~ FLORIDA.' GRANTING TO FLORIDA
KEYS ELECTRIC COOPERATIVE ASSOCIATION, me:' A NON-
PROFIT CORPORATION,' ITS SUCCESSORS AND ASSIGNS, THE
RIGHT, PRIVILEGE AND AUTHORITY FOR THE FULL PERIOD
OF THIRTY (30) YEARS, TO CONSTRUCT, MAINTAIN AND
OPERATE IN, UPON, ALONG, OVER, UNDER AND ACROSS
THE PRESENT EXISTING AND FUTURE PUBLIC ROADS,
HIGHWAYS, STREETS, AVENUES, ALLEYS, BRIDGES,
EASEMENTS AND OTHER PUBLIC PLACES IN CERTAIN
AREAS LOCATED IN MONROE COUNTY, FLORIDA, AND ITS
SUCCESSORS, EXCEPT SUCH AS ARE LOCATED WITIDN THE
TERRITORIAL LIMITS, AS NOW CONSTITUTED, OF INCOR-
PORATED CITIES OR TOWNS, AND STATE HIGHWAYS AND
OTHER HIGHWAYS OR ROADS, OVER WHICH THE BOARD OF
COUNTY COMMISSIONERS HAS NO JURISDICTION, ELECTRIC
LIGHT AND POWER TRANSMISSION AND DISTRIBUTION LINES,
TOGETHER WITH ALL NECESSARY OR DESIRABLE APPUR TEN-
ANCES, FOR THE PURPOSE OF SUPPLYING ELECTRICITY
TO SAID COUNTY, AND ITS SUCCESSORS, THE INHABITANTS
OF SAID AREAS THEREOF~ AND TO PERSONS AND CORPORA-
TIONS BEYOND THE LIMITS THEREOF, FOR LIGHT, HEAT,
POWER AND OTHER PURPOSES, AND IMPOSING PROVISIONS
AND CONDITIONS RELATING THERETO.
BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. That there is hereby granted to the Florida Keys
Electric Cooperative Association, ~nc., a non-profit corporation, its successor
nd assigns, (herein called the "Grantee") the right, privilege and authority
or the full period of thirty (30) years from the date of the acceptance hereof,
o construct, maintain and operate in, upon, along, over, under and across
he present existing and future public roads, highways, streets, avenues,
lleys, bridges, easements and other public places in those certain areas
ocated in Monroe County, Florida, and its successors, and described as
All of Township 58 South, Ranges 40 and 41 East,
lying South and East of the South Boundary of
Dade County, Florida;
All of Township 59 South, Ranges 39 and 40 East
lying South and East of the South Boundary of
Dade County, Florida;
All of Township 59 South, Range 41 East;
All of Township 60 South, Range 39 East, lying South
and East of the South Boundary of Dade County, Florida;
All of Township 60 South, Range 40 East;
All of Township 61 South, Ranges 39 and 40 East;
LAW OFFICES - RALPH E. CUNNINGHAM, JR., MARATHON, FLORIDA
All of Township 62 South, Ranges 38 and 39 East;
All of Township 63 South, Ranges 37 and 38 East; and
All of Township 64 South, Ranges 36 and 37 East;
except such city or town streets as are located within the territorial limits,
as now constituted, of incorporated cities or towns, and State Highways and
other highways or roads, over which the Board of County Commissioners has
o jurisdiction, electric light and power transmission and distribution lines,
ogether with all necessary or desirable appurtenances (including underground
onduits, poles, towers and wires, and, for Grantee1s own use, telephone and
elegraph lines) for the purpose of supplying electricity in said acreas to said
ounty and its successors, the inhabitants thereof, and persons and corporation
eyond the limits thereof, for light, heat, power and other purposes.
Section 2. That poles and towers shall be so located as not to
nterfere with traffic over such public roads, highways, streets, avenues,
lleys, bridges, easements and public places, and the location thereof or
elocation as may be desired by the Grantee herein or required by the County,
hall be made under the supervision of said Board of County Commissioners
r such Engineer or Superintendent as may be designated by it for such purpose,
ut not so as unreasonably to interfere with the proper operation of Grantee1s
.nes and service.
Section 3. That said Monroe County or its County Commissioners
hall in no way be liable or responsible for any accident or damage that may
ccur in the construction, operation or maintenance by the Grantee of its lines
nd appurtenances hereunder, and the acceptance of this Franchise shall be
eemed an Agreement on the part of said Grantee, to indemnify said County
nd County Commissioners and hold it and them harmless against any and all
iability, loss, cost, damage or expense, which may accrue to said County
nd County Commissioners by reason of the neglect, default or misconduct of
e Grantee in the construction, operation or maintenance of its lines and
ppurtenances hereunder.
Section 4.
That all lines constructed under this grant shall be
onstructed and maintained in accordance with established practice with
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LAW OFFICES. RALPH E, CUNNINGHAM, JR" MARATHON, FLORIDA
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respect to electrical construction and maintenance.
Section 5. That the Grantee is hereby given the right and
authority to make as signments of this right, privilege and authority and the
rights hereunder, all as signees to be bound to the same extent as the original
Grantee.
Section 6. That the Grantee shall file its written acceptance of
this grant with the said Board within thirty (30) days after it shall have been
duly pas sed and adopted.
Section 7. This Re solution shall take effect as soon as it shall
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:Ihave been passed and adopted and accepted as required herein.
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:i Section 8. That all REsolutions and parts of Resolutions in
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I'conflict herewith be, and the same are, hereby repealed.
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I PASSED AND ADOPTED at Key
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West, Florida, this ~ ~ay of
, 1965.
~~~~--CW-t'~
, Chairman
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Member s of Board of County
Commissioners.
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iA TTEST:
!~ g tt:.I.nJ
1 . Clerk
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LAW OFFICES. RALPH E. CUNNINGHAM, JR., MARATHON, FLORIDA