HomeMy Public PortalAbout2007-40 Agreement with FP&L concerning County Electric FranchiseRESOLUTION NO. 2007-40
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING
THE INTERLOCAL AGREEMENT BETWEEN THE
VILLAGE OF KEY BISCAYNE AND MIAMI-DADE
COUNTY, CONCERNING COUNTY ELECTRIC FRANCHISE
WITH FLORIDA POWER AND LIGHT; PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, in 1989, Miami -Dade County (the "County") enacted Ordinance 89-81 (the
"Franchise Ordinance"), which granted a non-exclusive electric franchise to Florida Power & Light
("FP&L") to utilize public rights of way in return for FP&L paying the County certain franchise fees
(the "Franchise Fees"); and
WHEREAS, the Village was created in 1991, as authorized by Miami -Dade County
Ordinance 90-142; and
WHEREAS, the County and the Village wish to enter into the attached Interlocal
Agreement (the "Agreement") so as to continue to provide for payment to the Village of that
portion of the Franchise Fees remitted by FP&L to the County for rights to utilize public right-of-
way located within the Village.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE VILLAGE COUNCIL
OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. That each of the recitals stated above is hereby adopted
and confirmed.
Section 2. Agreement Approved. The Agreement, in substantially the form attached
hereto, is hereby approved, and the Village Manager and Village Clerk are authorized, in their
respective capacities, to execute the Agreement on behalf of the Village, once approved by the
Village Attorney as to form and legal sufficiency.
Section 3. Implementation. That the Village Manager and Village Attorney are hereby
authorized to take any necessary action to implement the Agreement and this Resolution.
Section 4. Effective Date. That this Resolution shall be effective immediately upon
adoption hereof.
PASSED AND ADOPTED this 28th day of August , 2007.
MAYOR ROBERT L. VERNON
CONCHITA H. ALVAREZ, CMC, VILLAGE CLERK
APPROVED AS TQ, FORM AND LEGAL SUFFICIENC
r
VILLAGE ATTORNE
\ e
F:\100\ 103001\Resolutions\Inter ll Agreement Electric Franchise Agreement Miami Dade doc
1
2
44
INTERLOCAL AGREEMENT
This Interlocal Agreement (the "Agreement") is made and entered into this
day of IQ a NI. , 2007, by and between Miami -Dade County, a political
subdivision of the State of Florida (the "County"), and the Village of Key Biscayne, a
Florida municipality (the "Village").
/(5- q
RECITALS
Whereas, in 1989, County enacted Ordinance 89-81 (the "Franchise Ordinance"),
which granted a non-exclusive electric franchise to Florida Power & Light ("FP&L") to
utilize public rights of way throughout the unincorporated and incorporated areas of
Miami -Dade County, Florida, in return for FP&L paying County certain franchise fees (the
"Franchise Fees"); and
WHEREAS, the Village was created on June 18, 1991, as authorized by Miami -
Dade County Ordinance 90-142; and
WHEREAS, County and Village wish to enter into this agreement for payment of
that portion of the Franchise Fees remitted by FP&L to County for rights to utilize public
right-of-way located within Village "(Village Fees").
NOW, THEREFORE, in consideration of the mutual benefits derived therefrom,
the parties covenant and agree as follows:
I. OBLIGATIONS OF THE COUNTY
1.1 The County shall:
1.1.1 For so long as the Franchise Ordinance is in effect and enforceable,
pay to the Village all Village fees received by County from FP&L
on July 1, 2007 and on each July 1 thereafter. Such payment shall
be made within forty-five (45) days of County's receipt of Village
Fees from FP&L.
1.1.2 Execute any and all documents which FP&L may reasonably require
in order to identify Village Fees:
1.1.3 Beginning with the remittance of the Village Fees for the Fiscal
Year 2006-07 and for so long as the Franchise Ordinance is in effect
and enforceable, the County shall determine that amount of the
Village Fees to be remitted by the County to the Village utilizing the
methodology as outlined in this agreement. Regarding the
determination of the Franchise Fees to be submitted to the
municipalities of Aventura, Key Biscayne, Pinecrest, Sunny Isles
Beach, Palmetto Bay, Doral, Miami Gardens, Cutler Bay and Miami
Lakes (collectively, the "Cities") by the County, the following
methodology shall be utilized, which is also illustrated in Table 1 for
the determination of Franchise Fees to be remitted by the County to
each City for the Fiscal Year 2004-05, as follows:
a. Determine from FP&L's records the total amount due
to the Cities, the Unincorporated Municipal Service Area
(UMSA), and any new municipality which is created after
the effective date of this addendum but before the expiration
2
of the Franchise Ordinance (collectively, the "Recipients")
based on six percent of the FP&L gross revenues attributable
to service being provided within the corporate limits and
service area of the Recipients for the respective calendar year
("Gross Revenues"). See Table 1 Column A.
b. Subtract from Gross Revenues the amount of
municipal real and personal property taxes paid by FP&L on
its real and personal property within the respective corporate
limits and service areas of the Recipients during the
respective calendar year ("Municipal Taxes"). See Table 1
Column B.
c. Subtract from the Gross Revenues the total
Countywide operating and debt service, Fire, Library,
Florida Inland Navigation, and Everglades Project, South
Florida Water Management District property taxes and other
applicable taxes ("Regional Taxes") paid by the FP&L on its
real and personal property within the respective corporate
limits and service areas of the Recipients excluding any
Regional Taxes paid on real and property associated with the
Turkey Point and Cutler Power Generating Facilities
properties. See Table 1 Column C.
d. Determine the difference of the Gross Revenue less
the Municipal Taxes and the Regional Taxes as defined
above in items b and c ("Adjusted Franchise Fees"). See
Table 1 Column D.
e. Subtract from the Adjusted Franchise Fees for each
City the equivalent Regional Taxes paid by FP&L for
property in cities which have a separately executed franchise
agreement with FP&L which was in effect as of the date of
the Franchise Ordinance and the Regional Taxes paid by
FP&L on Turkey Point and Cutler Power Generating
Facilities that is recognized as a deduction by FP&L for the
remittance of Franchise Fees to the County apportioned
among the Recipients and based on the percent of each
recipient's Adjusted Recipient Revenue to the total Adjusted
Recipient for all recipients, (Prorated Amount). See Table 1
Column E.
f. The amount of the Franchise Fees to be paid by the
County to the Cities shall be determined by subtracting from
the Adjusted Recipient Revenue the apportioned Regional
Taxes paid by FP&L on property in cities which have a
separately executed franchise agreement as referenced in
item e above (the Net Franchise Fees). See Table 1 Column
F.
TABLE 1
A
B
C
D
E
F
NEW
METHOD
Gross
Revenue
Municipal
Taxes
Regional
Taxes
(w/o PP)
Subtotal
(w/o PP)
Prorate Old
Cities and PP
NEW
METHOD
Key Biscayne
1,052,948.54
(30,067 17)
(65,751 72)
957,129 65
(183,488 76)
773,640 89
Aventura
2,935,149 30
(52,721.24)
(249,678.96)
2,632,749 10
(504,717 28)
2,128,031 82
Pinecrest
1,410,244 51
(26,993.61)
(115,092.80)
1,268,158 10
(243,115 19)
1,025,042.91
Sunny Isles
1,154,787 41
(44,890.94)
(141,328.73)
968,567 74
(185,681 53)
782,886.21
Palmetto Bay
1,318,971.46
(113,681 82)
(271,532 87)
933,756 77
(179,008 01)
754,748 76
Dora!
2,183,185 46
(28,207 91)
(115,562 24)
2,039,415 31
(390,970 85)
1,648,444.46
Miami Gardens
3,559,496.12
(57,675 45)
(166,726 69)
3,335,093.98
(639,361 93)
2,695,732.05
Miami Lakes
1,884,173.36
(44,918 20)
(162,685 02)
1,676,570 14
(321,410 77)
1,355,159.37
UMSA
54,913,188.18
(4,093,088.04)
(8,602,362.23)
42,217,737 91
(8,093,449.45)
34,124,288 46
TOTAL
70,412,144.34
(4,492,244.38)
(9,890,721.26)
56,029,178.70
(10,741,203.77)
45,287,974.92
1.1.4 Following request of the Village , Coincident with the annual
calculation of the Net Franchise Fees to be remitted to the Village
by the County, the County simultaneous with each payment of
Village Fees to the Village , shall provide copies of all supporting
documentation that is received from FP&L;
1.1.5 Maintain accurate and complete books, records and documents,
sufficient to reflect properly all receipt of Village Fees for a period
of three years following receipt and payment to the Village under
this Agreement, and
2. TERM
The provisions of this Agreement relating to Franchise Fees shall be in full force
and effect for a period commencing on the day of execution and terminating upon
expiration of the full term of the Franchise Ordinance.
4
3. GOVERNING LAW
This agreement shall be governed by and construed in accordance with the laws of
the State of Florida. Venue for any litigation between the parties for any
controversy arising from or related to this Agreement shall be in the Eleventh
Judicial Circuit in and for Miami -Dade County, Florida.
4. ENTIRETY OF AGREEMENT
This Agreement incorporated and includes all prior negotiation, correspondence,
conversations, agreements and understanding applicable to the Village Fees and
contains the entire agreement between the parties. Accordingly, it is agreed that no
deviation from the terms hereof shall be predicated upon any prior representations
or agreements, whether oral or written, and that this Agreement may be modified,
altered or amended only by written agreement duly executed by all parties hereto to
their authorized representatives.
5. HEADINGS
Captions and headings in this Agreement are for ease of reference only and do not
constitute a part of this Agreement and shall not affect the meaning or
interpretation of any provisions herein.
6. RIGHTS OF OTHERS
Nothing in this Agreement, expressed or implied is intended to confer upon any
person, other than the parties hereto, any rights or remedies under or by reason of
this Agreement.
5
7. REPRESENTATION BY VILLAGE AND COUNTY
Each party represents that this Agreement has been duly approved and executed by
its governing body and that it has the required power and authority to enter into and
perform the obligations under this Agreement.
8. INVALIDATION OF PROVISIONS, SEVERABILITY
Wherever possible, each provision of this Agreement shall be interpreted in such
manner as to be effective and valid under applicable law, but if any provision of
this Agreement shall be prohibited or invalid under applicable law, such provision
shall be ineffective to the extent of such prohibition or invalidity, without
invalidating the remainder of such provision or the remaining provision of this
Agreement, provided that the material purposes of this Agreement can be
determined and effectuated.
6
9. NOTICE
Notices to the parties as provided for herein shall be sufficient if sent by hand -
delivery, federal express or certified mail, return receipt requested, addressed as follows:
if to the County:
with a required copy to:
if to the Village:
with a required copy to:
Miami -Dade County Manager
Suite 2900
Stephen P. Clark Center
111 NW First Street
Miami, Florida 33128-1993
Miami -Dade County Attorney
Suite 2800
Stephen P. Clark Center
111 NW First Street
Miami, Florida 33128-1993
Village Manager
Village of Key Biscayne
88 W. McIntyre Street
Key Biscayne, FL 33149
Village Attorney
2665 Ponce De Leon Blvd., #700
Coral Gables, Fl 33134,
or such other respective address as the parties may designate to each other in writing from
time -to -time.
7
IN WITNESS WHEREOF, the parties hereto have caused the Agreement to be
executed on their behalf as of the date first above written.
VILLAGE OF KEY BISCAYNE, a municipal
corporation
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
ATTEST:
co;, I,ARVEY RUVIN, Clerk
•
:z
1.'•0� ` ° De iuty Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
C�
Village Attorney
County Attorney
MIAMI-DADE COUNTY, a
Political subdivision of the State of Florida
By its Bo_d o ounty Commissioners
By.
ounty Mayo i or designee