Resolution 190-1978
RESOLUTION NO.190 -1978
RESOLUTION CONFIPJ1ING RESOLUTION NO. 5-1965
AND \'JAIVING \-JRITTEN ACCEPTANCE
WHEREAS, Resolution No. 5-1965 was previously passed by
the Board of County Commissioners of Monroe County, Florida,
and
WHEREAS, there is some question as to whether Section 6
was complied ~vith, and
WHEREAS, Section 6 required written acceptance to be
provided, and
WHEREAS, it is questioned as to whether said written
acceptance was made, and
WHEREAS, in fact the easements granted by a resolution
have been used by the grantee of said resolution, now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY CO}lliISSIONERS OF
MONROE COUNTY, FLORIDA, as follows:
1. Resolution No. 5-1965 is hereby ratified and approved
except that Section 6's requirement is hereby waived.
2. Further, all terms and conditions of said Resolution
No. 5-1965 shall remain in full force and effect as specifically
set forth in Resolution No. 5-1965.
3. This resolution shall take effect immediately upon
its passage.
4. All resolutions or parts of resolutions in conflict
herewith be and the same are hereby repealed.
DATED July 25, 1978.
BOARD OF COUNTY COW1ISSIONERS OF
MONROE COUNTY, FLORIDA
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Attest:
CLERK
(Seal)
BOOK
I HEREBY CERTIFY that this docu-
went has been reviewed for legal
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APPROVED ON.
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F.ESOLUTION NO. 5-1965
A RESOLUT:00i Or Ti-IE BOAL;) 0::: COt;;.JTY COM.L'lFSS!O~ERS
OF MONIlOS COUNTY, FLOL=LD,\, GRANTI!\iG TO FLORIDA
1< EY S ELEC TFIC ceo :'j;-:rL\.T:VZ .\.SSOC:ATIO:\. 11':C. A :-:ON-
PROFIT CORl"ORATiO'\,:'iS t;ecc?SSORS A~D ASS1G~5, If-It:::
RIGHT, PH.IVILEGE ..'\1\'11 ALTHORITY FOR THE: FGLL PERIOD
OL~ ~~ITR~'" (~()) v r;" ^"'S .. ') ~O"ST" LTC"T' M ~ ."TAI'~ A",ro
c 1 r,j. 1 J ,1 .L." l U".., II l.~ 1."" A.'- )I l, 1 Li kJ. ' ~ i'f l....
OPERATE 1;\J, UPON, ALO'\G, OVF.R, GNDER AND ACROSS
THE PRESENT f:::XISTING AI\D FUTURE PUBLIC ROADS,
HIGHWAYS, STREETS, AVENuES, ALLEYS. BRIDGES,
EASEMENTS AND OTHER PCBLIC PLACES IN CER TA1!\i
AREAS LOCATED IN MOi'rROE COUNTY, FLORIDA, AND ITS
SUCCESSORS, EXCEPT St.:CH AS ARE LOCATED WITHIN THE
TERRITORIAL LIMITS, ..\.5 NOW COr\STITUTED, OF INCOR-
POR.\.TED CITIES OR TOWNS, AI\D STATE HIGHWAYS AND
OTHER HIGHWAYS OR ROADS, OVER WHICH THE BOARD OF
CCUNTY COMMlSSI0~ERS HAS NO J l:RISDiCTION, ELECTRlC
LIGHT AND POWER TRANSMISSiON A:'-ID DISTRIBU1'IOj\; LINES,
TOGETHER WITH ALL :\ECESSARY OR DESIR./\BLE APPURTEN..
ANCES, FOR THE: PURPOS;:= OF SUPPLYIr\G ~'~LECTrtlClTY
TO SAID COtJNTY, A!';D ITS SUCCESSORS. THE JJ:\:HABITANTS
OF SAID AREi\S THEREOF, AND TO PERSOl\S AND CORPORA-
TIONS BEYOND THE LHvUTS THEREOF. FOR LIGHT, HEAT.
POWER AND OTHER PURPOSES, AND IMPOSING PROVISIONS
AND CONDITIO~\jS 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 c.oope: catl\'e Association, Tne., a non-profit co:-pnratiur., ,ts sue,caROl'S
and d.ssip..lls, (hPL'ein called the "Grdn\.ee") the right. privilegt:' "nd authodty
for the full peri0d of thirty (.)0) y.~ars from th(' date of the i!CCt:ptance hereoi.
to construct, mi1.tntain a.nd op{-'Joatf" in, upon. dlul.g, over, und<::'r and across
the rrf'sent existing i1.nll futllrepuhli\' roads, highways. streets, aVE"nUf"8,
alleys, bridges, easements an,i other publ1c places in those (ert3in arei1.S
locrt.tpd l.n Monr()'~ County, Florilld, a.od it:. bU, ce:.Sl.rs. ,lnd described a.s
follows:
All of Township "8 Soutn, Rrtnge5 40 d.nd 41 Ea.st,
lying South ,\nd Edst of tbf- South Bounda,ry of
Dade COUf1ty. Florida;
All of Town~hip 59 South, Ranges 39 ;i.nd 40 Ea.st
lying South i1.nc1 F.;i.st of the South Boundary of
Dade County, Florida;
All of Tov/Oship 59
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Rang\" 41 East;
AU of Townshi.p 60 Soutr., R.ll(~E' 39 East, lying S0uth
dnd ~a~t of the Sluth nour,d._1.ry of DC1.de County, Florida;
AU of Town::ihl? bU South, R.wgp 40 Eilst;
All of Town5hip 61 South, Ri1.nges YJ ~li.d 40 Ea.st;
L"W Ot f'ICr:it Ft~L.r'H l. CIIN....INI.;HAMlfl . '~^n^'T.~()i'4 JrLOPII)'"
All of Township 62 Sou~h, Rc..nges 38 <i.nd 39 EcttH;
All of Towns'hip 63 South, Ranl2'es 37 i.lnd 38 East; and
All of Towr!ship 64 South, Ranges 3b and 37 East;
except such city or town stre<.'cs as are iocated within the tt>rritorial limits,
as now constituted, of incorporated cities or towns, and State Highways and
other highways Or roads, OYer which the Board of County Commissioners ha~
no jurisdiction, electric light and power trdnsmission and distribution lines,
together with all necessary or desirable dppurtenances (including' underground
conduits, poles, tower s and wires, and, for Grantee I s Own use, telephone and
telegraph lines) for the purpose of supplyin~ electricity in said acreas to said
County and its successors, the inhabitants thereof, and pf'rsons and corporations
beyond the limits thereof, for light, heat, power and other purposes.
Section 2. That poles and towers shall be so located as not to
interfere with traffic Over such public roads, highways, streets, avenues,
allevs, bridges, eas€'ments and public places, and the location thereof or
relocation as may be desired by the Grantee herein or required by th€' County,
shall be made under the supervision of said Boarcl of County Commissioners
or such Engineer or Superintendent as may be designated by it for tluch purpose,
but not so as unreasona. bly to interfere with the proper operation of Grantee' B
lines and serVlce.
Spction 3. Thdt said Monr0t'> County or its County Commissioners
shall in no way be liable or I"psponsiblc' for i.lny accident or damage that may
Occur in the construction, operation or Illaintenci.nce by the Grantee of its lines
and appurtenances her€'unoer. and the a':-ceptance (>1 this Franchise shall be
deemed an Agreement on the part of sa.id Grantee, to indemnify said County
and County Commissioners and hold it and them harmless against any and all
liability, 10B5, cost, damagf' or expense, which may ac-rrue to sd.id County
and County Commissioners by r('ason of the> nf'glect, default or misconduct of
the Grantee in the construction, operation or maintenance of its lines and
appurtenances he reunder.
Sectiul1 4.
Tha t all Ii nes cons tructcd uncle r thi s grant sha.ll be
constructed and maintained in accordance with f'stablishcd practice with
-2-
LA.W O,,.IC':r.. AALf-'ti F CI1NNI"~I.tl"M ,.., M""A.TtION "LOflln"
respect to electrical construction ar.d maintcr.ance.
Section 5. That t!1e Grantee is hereby given the right and
a.uthority to make as signmcntr> C'f this :,,'ight, privilege ar.d authority and tht,
dghts hereunder t all a.ssignees 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 Resolution shall take effect as 300n as it shall
have been passed and adopted and accepted as required herein.
Section 8. That all REsolutions and parts of Resolutions in
conflict herewith be, and the same are, hereby repealed.
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PASSED AND ADOPTED at Key West, Florida, this .:2& day of
, 1965.
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Members of Board of County
Commissioner s.
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, Clerk
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STi-.TE. OF F'LllHiD/\.
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C 0 U ;'-i'; Y 0 F :-'10 i\; HOE,
I HEHE.DY C~'.H IIFY that the fl)r~g().;~~ IS .11 L.lt' IOpy of.:.t
H esolution adopted by the Roa rd 01 Count y (~onlrrl is siane rs of !\lon ro e
County. f'landa. at a rr,eetlog of said Board duly lleld un the _.:~~h. _
day of_-!~~uaE~_
i\. D. 1 <Ii) 5
WITNE.SS 11"Y ba;1d i.1nd oEicial scat 01, t.L'.~~E___day of__~~~___
A. D. 1 r)t) 5
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\..~ierK of tlH' Clrcllit Court in a',J lor Monrne
County. Flori<la, d.11d ex offIcio Clerk of the
Board uf C()lli1'~' C()n)n~istiioner~ of lv10nroe
County, Fiorid:\,
(St"d.l)