HomeMy Public PortalAbout2019-07 Granting to Florida Power and Light Company a non-exclusive electric franchiseORDINANCE NO. 2OI9-7
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNEO
FLORIDA GRANTING TO FLORIDA POWER & LIGHT
COMPANY, ITS SUCCESSORS AND ASSIGNS, A NON-
EXCLUSIVE ELECTRIC FRANCHISE, IMPOSING
PROVISIONS AND CONDITIONS RELATING THERETO;
PROVIDING FOR MONTHLY PAYMENT OF A
FRANCHISE FEE TO THE VILLAGE; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Village Council of the Village of Key Biscayne (the "Village")
recognizes that the Village and its citizens need and desire the continued benefits of electric service;
and
\ryHEREAS, the provision of such electric service requires substantial investments of
capital and other resources in order to construct, maintain, and operate facilities essential to the
provision of such service in addition to costly administrative functions, and the Village does not
desire to undertake to provide such services at this time; and
\ryHEREAS, Florida Power & Light Company ("FPL") is a public utility that has the
demonstrated ability to supply such services; and
\ryHEREAS, there is currently in effect a franchise agreement between Miami-Dade
County (ooCounty") and FPL, the terms of which are set forth in County Ordinance 89-81, passed
and adopted on July 25, 1989, which grants athirty (30) year non-exclusive electric franchise to
FPL to utilize public rights of way throughout the unincorporated and incorporated areas of the
County, in retum for FPL paying the County certain franchise fees, among other things as expressly
provided therein ("Cunent Franchise Agreement"); and
WHEREAS, on November 10, 2007, the Village entered into an interlocal agreement with
the County for payment to the Village of that portion of the franchise fees remitted by FPL to the
County for rights to utilize public rights of way located within the Village; and
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WHEREAS, FPL and the Village desire to enter into a new franchise agreement ("New
Franchise Agreement") providing for the payment of fees to the Village in exchange for the
nonexclusive right and privilege of supplying electricity and other services within the Village free of
competition from the Village, pursuant to certain terms and conditions; and
WHEREAS, Section 4.03 of the Village Charter provides that where the Village Council
grants, renews or extends a franchise, an ordinance must be adopted; and
WHEREAS, the Village Council deems it to be in the public interest to enter into this
agreement addressing certain rights and responsibilities of the Parties as they relate to the use of the
public rights-oÊway within the Village's jurisdiction.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COT]NCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLO\ilS: I
Section 1. Recitals. That the above-stated recitals are true and correct and are
incorporated herein by this reference.
Section 2.Grant of Electric Utilitv Franchise; Term of Franchise. That 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-OÊWay") throughout all of the
incorporated areas, as such incorporated areas may be constituted from time to time, of the Village
of Key Biscayne, Florida, and its governmental successors by operation of law, if any, (hereinafter
called the "Village"), in accordance with FPL's customary practices, and practices prescribed herein,
' Coding: S+rikcthrough+srds are deletions to the existing words. Underlined words are additions to the existing words. Changes
betweenfirstandsecondreadingareindicatedwithhighlighted@handdoublc-un<lcrIi¡-e.
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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 Village and its
successors, the inhabitants thereof, and persons beyond the limits thereof.
Section3. FacilitiesRequirements.
a) FPL's Facilities shall be installed, constructed, erected, located or relocated so as
to not unreasonably interfere with the convenient, safe, continuous use or the
maintenance, improvement, extension or expansion of any public "road" as
defined under the Florida Transportation Code, nor unreasonably interfere with
traff,rc over the Public Rights-OÊWay, nor unreasonably interfere with reasonable
egress from and ingress to abutting property.
b) To minimize conflicts with the standards set forth in subsection (a) above, the
location, relocation, installation, consüuction, or erection of all facilities shall be
made as representatives of the Village may prescribe in accordance with the
Village's reasonable rules and regulations with reference to the placing and
maintaining in, under, upon, along, over and across said Public Rights-OÊWay;
provided, howevet, that such rules or regulations (i) shall be for a valid municipal
purpose; (ii) shall not prohibit the exercise of FPL's right to use said Public
Rights-OÊWay for reasons other than unreasonable interference with traffic or
transit; (iii) shall not unreasonably interfere with FPL's ability to furnish
reasonably sufficient, adequate and efficient electric service to all of its
customers; and (iv) shall not require the relocation of any of FPL's Facilities
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installed before or after the effective date hereof in Public Rights-Of-Way unless
or until widening or otherwise changing the configuration of the paved portion of
any public right-of-way used by motor vehicles causes such installed Facilities to
unreasonably interfere with the convenient, safe, or continuous use, or the
maintenance, improvement, extension, or expansion of any such public "road," or
unless such relocation is required by state or federal law.
c) Such rules and regulations shall recognize that FPL's above-grade Facilities
installed after the effective date hereof should be installed near the outer
boundaries of the Public RighrOÊWay to the extent possible.
d) V/hen any portion of a Public Right-OÊWay is excavated, damaged, or impaired
by FPL (or any of FPL's agents, contractors, or subcontractors) because of the
installation, inspection, or repair of any of FPL's Facilities, the portion of the
Public Right-OÊWay so excavated, damaged, or impaired shall, within a
reasonable time after such excavation, damage, or impairment, be restored by FPL
at its expense to a condition at least equal to its original condition before such
damage.
e) The Village shall not be liable to FPL for any cost or expense in connection with
any relocation of FPL's Facilities required under this New Franchise Agreement,
except, however, FPL shall be entitled to reimbursement of its costs from others.
Ð FPL shall comply with the Village's valid code and permit requirements and
regulations, including those relating to rights-of-way. Except as expressly
provided, nothing herein shall limit or alter the Village's existing rights with
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respect to the use or management of its rights-of-way. Any changes in law on
utility easements shall not affect this New Franchise Agreement.
Section 4.Indemnification of the Village. The acceptance of this New Franchise
Agreement shall be deemed an agreement on the part of FPL to the following: (a) that FPL will
defend, indemnifu and save the Village harmless from any and all damages, claims, liability, losses
and causes of action of any kind or nature arising out of an error, omission, ot negligent act of FPL,
its contractors or any of their agents, representatives, employees, or assigns, or anyone else acting
by or through them, and arising out of or concerning the construction, operation or maintenance of
its Facilities hereunder; and (b) that FPL will pay all damages, claims, liabilities and losses of any
kind or nature whatsoever, in connection therewith, including the Village's attomey's fees and costs
in the defense of any action in law or equity brought against the Village, including appellate fees
and costs and fees and costs incurred to recover attomey's fees and costs from FPL, arising from the
error, omission, or negligent act of FPL, its contractors or any of their agents, representatives,
employees, or assigns, or anyone else acting by or through them, and arising out of or conceming
the construction, operation or maintenance of its Facilities hereunder.
Section 5. Rates. Rules and Regulations of FPL. All rates and rules and regulations
established by FPL from time to time shall be subject to such regulation as may be provided by law.
Section 6. Franchise Feel Calculation; Pavment.
a) Notwithstanding any other provision in this New Franchise Agreement, as a
consideration for this Franchise, FPL shall pay to the Village, commencing ninety
(90) days after the effective date hereof, and each month thereafter for the remainder
of the term of this Franchise, an amount which when added to the amount of all
licenses, excises, fees, charges and other impositions of any kind whatsoever (except
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ad valorem property taxes and non-ad valorem tax assessments on property) levied
or imposed by the Village against FPL's property, business or operations and those
of its electric service subsidiaries during FPL's monthly billing period ending sixty
(60) days prior to each such payment will equal six (6.0%) percent of FPL's billed
revenues (less actual write-ofß) from the sale of electrical energy to residential,
commercial and industrial customers (as such customers are defined by FPL's tariff)
within the Village's boundaries for the monthly billing period ending sixty (60) days
prior to each such payment, and in no event shall payments for the rights and
privileges granted herein exceed six (6.0%) percent of such revenues for any
monthly billing period of FPL (except as expressly provided in this New Franchise
Agreement). For purposes of this section, the term "write-offs" refers to
uncollectable billed revenues from the sale of electrical energy to residential,
commercial, and industrial customers within the Village's boundaries.
b) The Village understands and agrees that such revenues as described in the
preceding paragraph are limited to the precise revenues described therein, and that
such revenues do not include by way of example and not limitation: (a) revenues
from the sale of electrical energy for Public Street and Highway Lighting (service
for lighting public ways and areas); (b) revenues from Other Sales to Public
Authorities (service with eligibility restricted to govemmental entities); (c)
revenues from Sales to Railroads and Railways (service supplied for propulsion of
electric transit vehicles); (d) revenues from Sales for Resale (service to other
utilities for resale purposes), so long as not done as a circumvention hereof; (e)
Late Payment Charges; (f) Field Collection Charges; (g) other service charges.
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c) Increased BenefÏts Clause. If during the term of this New Franchise Agreement,
FPL enters into a franchise agreement with any other municipality located in
Miami-Dade County, Florida or Broward County, Florida, or with Miami-Dade
County itself or with Broward County itselt each such municipality or county
referred to herein as an "Other Governmental Entity," where the number of FPL's
active electrical customers is equal to or less than the number of FPL's active
electrical customers within the Village's boundaries, the terms of which provide
for the payment of franchise fees by FPL at a rate greater than six (6.0%) percent
of FPL's residential, commercial and industrial revenues (as such customers are
defined by FPL's tariff), under the same terms and conditions as specif,red in
Section 6(a) hereof, FPL, upon written request of the Village, shall negotiate and
enter into a new franchise agreement with the Village in which the percentage to
be used in calculating monthly payments under Section 6(a) hereof shall be no
greater than that percentage which FPL has agreed to use as a basis for the
calculation of payments to any such Other Governmental Entity, provided,
however, that if the franchise with such Other Governmental Entity contains
additional benefits given to FPL in exchange for the increased franchise rate,
which such additional benefits are not contained in this New Franchise
Agreement, such new franchise agreement shall include those additional or
reasonably equivalent benefits to FPL. Subject to all limitations, terms and
conditions specified in the preceding sentence, the Village shall have the sole
discretion to determine the percentage to be used in calculating monthly
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payments, and FPL shall have the sole discretion to determine those benefits to
which it would be entitled, under any such new franchise agreement.
Section 7. Non-Competition by Village. As a further consideration, during the term of
this franchise or any extension thereof, the Village agrees: (a) not to engage in the distribution
andlor sale, in competition with FPL, of electric capacity and/or electric energy to any other
ultimate consumer of electric utility service (herein called a "retail customer") or to any electrical
distribution system established solely to serve any retail customer presently served by FPL within
the Village's limits; and (b) not to participate in any proceeding or contractual arrangement, the
purpose or terms of which would be to obligate FPL to transmit and/or distribute, electric capacity
and/or electric energy from any third party(ies) to any other retail customer's facility(ies). Nothing
specified herein shall prohibit the Village from engaging with other utilities or persons in wholesale
transactions which are subject to the provisions of the Federal Power Act, as may be amended from
time to time.
The Village may, if permitted by law, (i) generate electric capacity and/or energy at any
facility owned or leased by the Village for storage or utilization at that facility or other Village-
owned or leased facilities as chosen by the Village, and (ii) use renewable energy sources to
generate electric capacity and/or energy for use in demonstration projects or at Village facilities,
including but not limited to, Village Hall, and (iii) sell electric capacity and/or energy to FPL or
other wholesale purchasers in compliance with applicable tarifß, andlor federal or state laws, rules
and regulations controlling such transactions. The term "retail customer," for purposes of this
section shall not include the Village itself.
Subject to compliance with applicable tariffs, nothing herein shall prohibit or limit a
customer of FPL, including the Village, if permitted by law, from installing an approved renewable
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generation system to generate electric energy for use at the customer's or the Village's premises,
respectively. Furthermore, subject to compliance with applicable tariffs, nothing herein shall
prohibit or limit a person, including the Village, if permitted by law, from selling renewable energy
or capacity to FPL.
Nothing herein shall prohibit the Village, if permitted by law, (i) from purchasing electric
capacity and./or electric energy from any other person, or (ii) from seeking to have FPL transmit
and/or distribute to any facility(ies) of the Village electric capacity andlor electric energy
purchased by the Village from any other person; provided, however, that before the Village elects
to purchase electric capacity andlor electric energy from any other person, the Village shall notify
FPL. Such notice shall include a sunmary of the specific rates, terms and conditions which have
been offered by the other person and identify the Village's facilities to be served under the offer.
FPL shall thereafter have ninety (90) days to evaluate the offer and, if FPL offers rates, terms and
conditions which are equal to or better than those offered by the other person, the Village shall be
obligated to continue to purchase from FPL electric capacity and/or electric energy to serve the
previously identified facilities of the Village for a term no shorter than that offered by the other
person. If FPL does not agree to rates, terms and conditions which are equal to or better than the
other person's offer, all of the remaining terms and conditions of this Franchise shall remain in
effect.
Section 8. Competitive Disadvantase¡ FPL's Rights. If the Village grants a right,
privilege or franchise to any other person to construct, operate or maintain electric light and power
facilities within any part of the Village's boundaries in which FPL may lawfully serve or compete
on terms and conditions which FPL reasonably determines-are more favorable than the terms and
conditions contained herein, FPL may at any time thereafter terminate this Franchise if such terms
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and conditions are not remedied within the time period provided hereafter. FPL shall give the
Village at least one hundred eighty (180) days advance written notice of its intent to terminate.
Such notice shall, without prejudice to any of the rights reserved for FPL herein, advise the Village
of such terms and conditions that it considers more favorable and the objective basis or bases of the
claimed competitive disadvantage. The Village shall then have ninety (90) days in which to conect
or otherwise remedy the terms and conditions complained of by FPL, and the Village and FPL agree
to negotiate in good faith toward a mutually acceptable resolution of FPL's claims during this 90-
day period. If FPL reasonably determines that such terms or conditions are not remedied by the
Village within said time period, and if no mutually acceptable resolution is reached by FPL and the
Village through negotiation, FPL may terminate this Franchise agreement by delivering written
notice to the Village's Clerk, Village's Manager, and Village's Attorney, and termination shall be
effective ninety (90) days from the date of delivery of such notice. Nothing contained herein shall
be construed as constraining the Village's rights to legally challenge at arry time FPL's
determination leading to termination under this Section.
Section 9. Legislative or Resulatorv Action. If as a consequence of any legislative,
regulatory or other action by the United States of America or the State of Florida (or any
department, agency, authority, instrumentality or political subdivision of either of them) any person
is permitted to provide electric service within the Village's boundaries to a customer then being
served by FPL, or to any new applicant for electric service within any part of the Village's
boundaries in which FPL may lawfully serve, and FPL reasonably determines that its obligations
hereunder, or otherwise resulting from this Franchise in respect to rates and service, place it at a
material competitive disadvantage with respect to such other person, FPL may, at any time after the
taking of such action, terminate this Franchise if such competitive disadvantage is not remedied as
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provided hereafter. Such competitive disadvantage can be remedied by either of the following
methods: (i) if the Village either cannot legally, or does not, charge a franchise fee to other
electricity supplier(s), then the Village can remedy the disadvantage by reducing FPL's franchise
fee rate to zero; or (ii) if the Village is able to charge, and does charge, such other electricity
supplier(s) a franchise fee at a rate less than the 6.0%o rate calculated as provided in Section 6 of this
Agreement, then the Village can remedy the disadvantage by reducing FPL's franchise fee rate to
the same rate, with the same applicability and calculation methodology, as applies to such other
electricity supplier(s). If the Village does not implement either of the foregoing solutions, FPL may
terminate the Agreement, in accordance with the following process: FPL shall give the Village at
least one hundred eighty (180) days advance written notice of its intent to terminate. Such notice
shall, without prejudice to any of the rights reserved for FPL herein, advise the Village of the
consequences of such action which resulted in the competitive disadvantage and the objective basis
or bases of the claimed competitive disadvantage, and the Village and FPL agree to negotiate in
good faith toward a mutually acceptable resolution of FPL's claimed disadvantage during this 180-
day period. If such competitive disadvarrtage is, in the reasonable determination of FPL, not
remedied by the Village within said time period, and if no mutually acceptable resolution of the
matter is reached through negotiation, FPL may terminate this franchise agreement by delivering
written notice to the Village's Clerk and termination shall take effect ninety (90) days from the date
of delivery of such notice. Nothing contained herein shall be construed as constraining the Village's
rights to legally challenge at any time FPL's determination of competitive disadvantage leading to
termination under this section.
Section 10.FPL's Failure to Complv. Failure on the part of FPL to comply in any
material respect with any of the provisions of this Franchise shall be grounds for forfeiture, but no
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such forfeiture shall take effect if the reasonableness or propriety thereof is protested by FPL until
there is final determination (after the expiration or exhaustion of all rights of appeal) by a court of
competent jurisdiction within Miami-Dade County, Florida that FPL has failed to comply in a
material respect with any of the provisions of this Franchise, and FPL shall have six (6) months after
such final determination to make good the default before a forfeiture shall result with the right of the
Village, at its discretion, to grant such additional time to FPL for compliance as necessities in the
case require.
Section 11. Villase's Failure to Comply. Failure on the part of the Village to comply in
material respect with any of the provisions of this ordinance, including, but not limited to: (a)
denying FPL use of Public Rights-Of-'Way for reasons other than as set forth in Section 3 of this
New Franchise Agreement; (b) imposing conditions for use of Public Rights-OÊWay contrary to
Federal or Florida law or the express terms and conditions of this Franchise; (c) unreasonable delay
in issuing FPL a use permit, if any, to construct its Facilities in Public Rights-Of-Way, shall
constitute breach of this Franchise. FPL shall notify the Village of any such breach in writing sent
by United States Certified Mail, retum receipt requested, or via a nationally recognized ovemight
courier service, and the Village shall then remedy such breach within ninety (90) days and if it is not
a breach that can be remedied within ninety (90) days, then as soon as practicable. Should the
breach not be timely remedied, FPL shall be entitled to seek a remedy available under law or equity
from a court of competent jurisdiction, including the remedy of obtaining judicial relief that permits
the withholding of franchise fees. The Parties recognize and agree that nothing in this New
Franchise Agreement constitutes or shall be deemed to constitute a waiver of either party's
delegated sovereign right of condemnation and that either party, in its sole discretion, may exercise
such right.
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Section 12. Audit and Inspection. The Village may, at its expense, upon reasonable
notice and within ninety (90) days after each anniversary date of this Franchise, examine FPL's
records relating to the calculation of the franchise payment for the year preceding such anniversary
date. Such examination shall be during normal business hours at FPL's office where such records
are maintained. Records not prepared by FPL in the ordinary course of business or as required
herein may be provided at the Village's expense and as the Village and FPL may agree in writing.
Information identifuing FPL's customers by name or their electric consumption shall not be taken
from FPL's premises. Such audit shall be impartial and all audit findings, whether they decrease or
increase payment to the Village, shall be reported to FPL. The Village's examination of FPL's
records in accordance with this Section shall not be conducted by any third parfy employed or
retained by the Village whose fee, in whole or part, for conducting such audit is contingent on
findings of the audit. At the Village's request no more than once annually, FPL will provide to the
Village an electronic version of a billing list of all FPL customer addresses within the incorporated
areas of the Village. The Village will respect FPL's confidential documents. The Village will be
given access to confidential documents while on FPL premises, but shall not remove those
confidential documents from FPL premises unless expressly authorized to do so by FPL.
Information relative to this audit and likely to be deemed confidential by FPL includes, but is not
limited to, nonpublic customer or customer account information, nonpublic policies and procedures,
and any other nonpublic information that gives FPL an opporfunity to gain an advantage over its
competitors.
Section 13. Severability. The provisions of this ordinance are interdependent upon one
another, and if any of the provisions of this ordinance are found or adjudged to be invalid, illegal,
void or of no effect by a court of competent jurisdiction (after the expiration of all rights of appeal),
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such finding or adjudication shall not affect the validity of the remaining provisions for a period of
ninety (90) days, during which, the Parties will negotiate in good faith to amend this New Franchise
Agreement so as to restore to the maximum extent permissible, the original economic bargain
embodied in this ordinance. If an agreement to amend the ordinance is not reached at the end of
such ninety (90) day period, this entire ordinance shall become null and void and of no further force
or effect.
Section 14. The Village acknowledges it is fully informed concerning the existing
franchise granted by Miami-Dade County, Florida, to FPL, and accepted by FPL as set out in
Ordinance No. 60-16 adopted on May 3, 1960, and subsequently renewed and accepted by FPL
as set out in Ordinance No. 89-81 adopted on September 5, 1989 by the Board of County
Commissioners of Miami-Dade County, Florida, and as adopted by the Village on November 15,
2007 in an interlocal agreement with Miami-Dade County ("Existing Agreement"). The Village
agrees to indemnify and hold FPL harmless against any and all liability, loss, cost, damage and
expense incurred by FPL in respect to any claim asserted by Miami-Dade County against FPL
arising out of the franchise set out in the above referenced ordinances for the recovery of any
sums of money paid by FPL to Village under the terms of this New Franchise Agreement. FPL
acknowledges and the Village hereby relies on then Dade County Resolution No. R-709-78
adopted on June 20,1978 in the granting of this Franchise.
Section 15.Definitions. As used herein "person" means an individual, a partnership, a
corporation, a business trust, a joint stock company, a trust, an incorporated association, a joint
venture, a governmental authority or any other entity of whatever nature.
Section 1.6.Repeal. All ordinances and parts of ordinances and all resolutions and parts
of resolutions in conflict herewith are hereby repealed to the extent of such conflict.
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Section 17. Effective Date. As a condition precedent to the taking effect of this
Ordinance, FPL shall file its acceptance hereof with the Village's Clerk within thirty (30) days of
adoption of this Ordinance. The effective date of this Ordinance shall be when the Current
Agreement terminates by the expiration of time or on the effective date of a new franchise
agreement between Miami-Dade County and FPL, whichever occurs first.
Section 18.Pre-Suit Dispute Resolution. The Parties to this Franchise agree that it is in
each of their respective best interests to avoid costly litigation as a means of resolving disputes
which may arise hereunder. Accordingly, the Parties agree that they will meet at the senior
management level in an attempt to resolve any disputes within thirty (30) days of notification of the
dispute.
Section 19. Governing Laws. This New Franchise Agreement shall be govemed and
construed by the applicable laws of the Federal Government, State of Florida, Miami-Dade County,
and the Codes and Ordinances of the Village.
Section 20. Venue. In the event that any legal proceeding is brought to enforce the terms
of this New Franchise Agreement, it shall be brought by either party hereto in Miami-Dade County,
Florida, or, if a federal claim, in the U.S. District Court in and for the Southem District of Florida,
Miami Division.
Section 21. Entire Agreement. This New Franchise Agreement is intended to constitute
the sole and entire agreement between the Village and FPL with respect to the subject matter hereof
and correctly sets forth the rights, duties, and obligations of each of the other as of its date. Any
prior agreements, promises, negotiations, or representations not expressly set forth in this
Agreement are of no force or effect, and this agreement supersedes all prior drafts and verbal or
written agreements, commitments, or understandings, which shall not be used to vary or contradict
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the expressed terms herein. Both parties have been represented by counsel of their choosing with
regard to this New Franchise Agreement.
Section 22. Modification. It is further understood that no modification, amendment or
alteration in the terms or conditions contained herein shall be effective unless contained in a written
document executed with the same formality and of equal dignity herewith, and approved by the
Village Council.
Section 23. Notice. Except in exigent circumstances, and except as may otherwise be
specifically provided for in this Franchise, all notices by either party shall be made by United States
Certified Mail, retum receipt requested, or via a nationally recognized ovemight courier service.
Any notice given by facsimile or email is deemed to be supplementary, and does not alone
constitute notice hereunder. All notices shall be addressed as follows:
To the Village: To FPL:
Copy to:
Village Manager
Village Hall
88 West Mclntyre Street
Key Biscayne, FL 33149
Vice President, External Affairs
700 Universe Boulevard
Juno Beach, FL 33408
General Counsel
700 Universe Boulevard
Juno Beach, FL 33408
Copy to:
Village Attomey
Weiss Serota Helfrnan
Cole & Bierman, P.L
2525Ponce de Leon Boulevard
Suite 700
Coral Gables, FL33134
Any changes to the above shall be in writing and provided to the other party as soon as practicable.
Section 24.Compliance with Federal. State and Local Laws. The Village and FPL
agree to comply with and observe all applicable Federal, State and valid and non-preempted local
laws, rules, regulations, codes and ordinances, ¿rs they may be amended from time to time.
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Section 25. Nondiscrimination. FPL represents and warrants to the Village that FPL
does not and will not engage in discriminatory practices and that there shall be no discrimination in
connection with FPL's performance under this Franchise on account of race, coloro sex, religion,
age, handicap, marital status or national origin. FPL further covenants that no otherwise qualified
individual shall, solely by reason of his/her race, color, sex, religion, age, handicap, marital status or
national origin, be excluded from participation in, be denied services, or be subject to discrimination
under any provision of this Franchise.
Section 26. Approval of Agreement. Execution of this Ordinance by the Village
Manager, the Village Attomey, and the Village Clerk, shall constitute evidence of the New
Franchise Agreement's approval after public hearing by the Village Council.
Section 27. Attorney's Fees and Costs. In the event either the Village or FPL must
initiate litigation to enforce this New Franchise Agreement, the prevailing party shall be entitled to
an award of all reasonable affomey's fees and costs, at all levels of litigation, including trials and
appeals, including but not limited to fees for litigating entitlement to and amount of attorney's fees.
[THIS SPACE INTENTIONALLY LEFT BLANK]
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A
PASSED on first reading on the 2I'r day of May, 2019.
PASSED AND ADOPTED on second reading on the 1lth day of June,20t9
MICHAEL W. DAVEY, MAYOR
INA,C C
CLERK
APPROVED AS TO FORM AND LEGALITY:
VILLAGE ATTORNEY
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MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
l\¡iami, lMiami-Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
GUILLERMO GARCIA, who on oath says that he or she is the
DIRECTOR OF OPERATIONS, Legal Not¡ces of the Miami Daily
Business Review f/k/a Miami Revìew, a daily (except
Saturday, Sunday and Legal Holidays) newspaper,
published at Miami in Miami-Dade County, Florida; that the
attached copy of advertisement, being a Legal Advertisement
of Notice in thê matter of
VILLAGE OF KEY BISCAYNE - ORDINANCE - FLORIDA
POWER & LIGHT COMPANY - JUN. 11, 2019
in the XXXX Court,
was published in said newspaper in the issues of
o5131t2015
Affiant further says that the said Miami Daily Business
Review is a newspaper published at l\¡iami, in said l\¡iami-Dade
County, Florida and that the said newspaper has herelofore
been cont¡nuously published in said lVìiami-Dade County, Flor¡da
each day (except Saturday, Sunday and Legal Holidays) and
has been entered as second class mail matter at the post
office in l\/liami in said l\iliami-Dãde County, Flor¡da, for a period
of one year next preceding the first publication of the attached
copy of advert¡sement; and affiant further says that he or she
has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund fo¡' the purpose of
securing this advertisement for publ¡cation in the said
newspaper
31
YILTAGE OF ÍEY BISCAY]IE
OFFICE OF TIIE VIIIAGE GLERK
PUBLIC TOÎICE
Notice is hereby given thât the tollowing ordinance will be considèred on
Second Reading by the Village Council of lhe Villaga of Key Biscayne at a ms€ting
to be held on Tuesday, June 11,2019 at 6:00 p.m., in the Council Chamber,
located at 560 Crandon Boulevard, Key Biscayne, Florida:
AN ORDINANCE OF THE VILI.AGE OF KEY BISCAYNE, FLORIDA GRANÎNG
TO FLORIDA POWER & LIGHT COMPANY, ITS SUCCESSORS AND
ASSIGNS, A NON-EXCLUSM ELECTRIC FRANCHISE, IMPOSING
PROVISIONS AND CONDITIONS RELATING THEREIO; PROVIDING FOR
MONTIILV PAYMEI'¡T OF A FRANCHISE FEE TO THE VILLAGE; PROVIDING
FOR SEì'ERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
The proposed Ordinance may be inspected by the public at the Otfice of the
Village Clerk. lntêrested parties may appear at lhe Public Hearing and-be heard
with respect to the propósed Ordinancês. Any person wishing to address
the Village Council'on any ¡tem at this Public'Hearing is asked to register
,with the Village Clerk prior to that item being heard.
ln accordance with the Americàns With Disabilities Act of 1990, all persons
who are disabled and who need special açcommodations to part¡cipate ¡n
this proceeding because of that disability should contact the Office of the
Village Clerk, 88 West Mclntyre Street, Sujte 22O, Key Biscayne, Florida
33149, telephone number (305) 365-5506, not latçr than two business days
prior to such proceeding.
Should any person desire to app6al any decision of the Village Council with"
respect to any matter to be considered at this meeting, that person shall
insure that a verbatim record of the proceedings is made including all testimony
and evidence upon which any appeal may be based (F.S. 286.01 05).
Comments of any int€rested party r€lat¡ve to this matter may be submitted
in writing and er presented in person at the public hearing.
Jennifer Medina, CMC
Village Clerk
5131 19-107/0000403674M
L)
GUILLERMO GARCIA personally known to me
subscr¡becl b-.fore me this
2019
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BAREARÅTHOI,IAS
Com¡¡ission # GG 121171
Hxpires November 2, 2021
8ûnded Thrú Troy Faín lnsurame 80.0-385.¡0i9