HomeMy WebLinkAboutOrdinance 2019-537 ORDINANCE NO. 2019- S '1
AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH,
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 CITY;
PROVIDING FOR ADOPTION OF REPRESENTATIONS;
REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach ("City") Commission recognizes that
the City and its citizens need and desire the continued benefits of electric service; and
WHEREAS, 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 City does not desire to undertake to provide such services at this time; and
WHEREAS, Florida Power & Light Company ("FPL") is a public utility that has the
demonstrated ability to supply such services; and
WHEREAS, there is currently in effect a franchise agreement between Miami-Dade
County ("County") and FPL, the terms of which are set forth in County Ordinance 89-81,
passed and adopted on July 25, 1989, which grants a thirty (30) year non-exclusive
electric franchise to FPL to utilize public rights of way throughout the unincorporated and
incorporated areas of the County, in return for FPL paying the County certain franchise
fees, among other things, as expressly provided therein ("Existing Franchise Agreement");
and
WHEREAS, FPL and the City desire to enter into a new franchise agreement ("New
Franchise Agreement") providing for the payment of fees to the City in exchange for the
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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.
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Section
3. Facilities Requirements.
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 traffic over the Public Rights-Of-Way, 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, construction, or erection of all facilities
shall be made as representatives of the City may prescribe in accordance
with the City's reasonable rules and regulations with reference to the
placing g an d maintaining in, under, upon, along, over and across said
Public Rights-Of-Way; provided, however, 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-Of-Way 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 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 FP,L's above-grade
Facilities installed after the effective date hereof should be installed near
the outer boundaries of the Public Right-Of-Way to the extent possible.
d) When any portion of a Public Right-Of-Way is excavated, damaged, or
impaired by FPL (or any of FPL's agents, contractors, or subcontractors)
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because of the installation, inspection, or repair of any of FPL's Facilities,
the portion of the Public Right-Of-Way 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 City shall not be liable to FPL for any cost or expense in connection
with any relocation of FPL's Facilities required under this Subsection (b) of
this Section, except, however, FPL shall be entitled to reimbursement of
its costs from others.
f) FPL shall comply with the City'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 City's existing rights with
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 City. 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, indemnify, and save the City harmless from any and all damages, claims,
liability, losses and causes of action of any kind or nature arising out of an 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 concerning the
construction, operation or maintenance of its Facilities hereunder; and (b) that FPL will pay
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all damages, claims, liabilities and losses of any kind or nature whatsoever, in connection
therewith, including the City's attorney's fees and costs in the defense of any action in law
or equity brought against the City, including appellate fees and costs and fees and costs
incurred to recover attorney'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 concerning the
construction, operation or maintenance of its Facilities hereunder.
- Section 5. Rates, Rules and Regulations of FPL. Allrates and rules and
regulations established by FPL from time to time shall be subject to such regulation as
may be provided by law.
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Section 6. Franchise Fee; Calculation; Payment.
a) Notwithstanding any other provision in this New Franchise Agreement, as a
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consideration for this Franchise, FPL shall pay to the City, 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 ad valorem property taxes and
non-ad valorem tax assessments on property) levied or imposed by the City
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 5.9 percent of FPL's billed
revenues (less actual write-offs) from the sale of electrical energy to
residential, commercial and industrial customersas
( such customers are
defined by FPL's tariff) within the City'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 5.9
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 City's boundaries.
b) The City 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 governmental 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
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purposes) so long as not done as a circumvention hereof; (e) Late
Payment Charges; (f) Field Collection Charges; (g) other service charges.
c) The City shall, as provided herein, have the right to change the
percentage remitted by the City to any rate between 0.5 percent and 6.0
percent. The City may not exercise such right more than once in any
calendar year. If the City changes the rate, the City shall give FPL at least
60 days advance written noticeprior to the effective date of the new rate,
which date shall always be on the first day of an FPL "billing cycle", and
FPL shall have 60 days after such effective date to begin remitting the fee
provided for herein to the City.
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d) Increased Benefits 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 or Broward County Florida, or
with Miami-Dade County itself or with Broward County itself, 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
City's boundaries, the terms of which provide for thep Y a ment of franchise
fees byFPL at a rategreater than six (6.0%)0
( . /o) 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 specified in Section
6(a) hereof, FPL, upon written request of the City, shall negotiate and
enter into a new franchise agreement with the City 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
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to FPL. Subject to all limitations, terms and conditions specified in the
preceding sentence, the City shall have the sole discretion to determine
the percentage to be used in calculating monthly 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 City. As a further consideration, during the term
of this franchise or any extension thereof, the City agrees: (a) not to engage in the
distribution and/or sale, in competition with FPL, of electric capacity and/or electric energy
to any 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 City'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 City
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 City may, if permitted by law, (i) generate electric capacity and/or energy at
any facility owned or leased by the City for storage or utilization at that facility or other
City-owned or leased facilities as chosen by the City, and (ii) use renewable energy
sources to generate electric capacity and/or energy for use in demonstration projects or at
City facilities, including but not limited to, City Hall, and (iii) sell electric capacity and/or
energy to FPL or other wholesale purchasers in compliance with applicable tariffs, and/or
federal or state laws, rules and regulations controlling such transactions. The term "retail
customer," for purposes of this section shall not include the City itself.
Nothing herein shall prohibit the City, 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 Cityelectric capacity and/or
electric energy purchased by the City from any other person; provided, however, that
before the City elects to purchase electric capacity and/or electric energy from any other
person, the City shall notify FPL. Such notice shall include a summary of the specific
rates, terms and conditions which have been offered by the other person and identify
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the City's facilities to be served under the offer. FPL shall thereafter have 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 City shall be obligated to continue to
purchase from FPL electric capacity and/or electric energy to serve the previously
identified facilities of the City 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 Disadvantage; FPL's Rights. If the City 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 City'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 and conditions are not remedied within
the time period provided hereafter. FPL shall give the City at least one hundred eighty
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(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 City of such terms and
conditions that it considers more favorable and the objective basis or bases of the claimed
competitive disadvantage. The City shall then have ninety (90) days in which to correct or
otherwise remedy the terms and conditions complained of by FPL, and the City 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 City within said time period, and if no mutually acceptable
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resolution is reached by FPL and the City through negotiation, FPL may terminate this
Franchise agreement by delivering written notice to the City's Clerk, City's Manager, and
City'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 City's
rights to legally challenge at any time FPL's determination leading to termination under
this Section.
Section 9. Legislative or Regulatory Action. If as a consequence of any
legislative, regulatory or other action by the United States of America or the State of
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Florida (or any department, agency, authority, instrumentality or political subdivision of
either of them) any person is permitted to provide electric service within the City's
boundaries to a customer then being served by FPL, or to any new applicant for electric
service within any part of the City'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 provided hereafter. Such competitive disadvantage can be remedied by either of the
following methods: (i) if the City either cannot legally, or does not, charge a franchise
fee to other electricity supplier(s), then the City can remedy the disadvantage by
reducing FPL's franchise fee rate to. zero; or (ii) if the City is able to charge, and does
charge, such other electricity supplier(s) a franchise fee at a rate less than the 6.0% rate
calculated as provided in Section 6 of this Agreement, then the Citycan remed
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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 City does not implement either of the foregoing solutions, FPL may terminate the
Agreement, in accordance with the following process: FPL shall give the City 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
City 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 City
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
disadvantage is, in the reasonable determination of FPL, not remedied by the City 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 City'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
City's rights to legally challenge at any time FPL's determination of competitive
disadvantage leading to termination under this Section.
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Section 10. FPL's Failure to Comply. 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 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 City, at its discretion, to grant
such additional time to FPL for compliance as necessities in the case require.
Section 11. City's Failure to Comply. Failure on the part of the City 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-Of-
Way 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 City of any such breach in writing sent by United States Certified Mail, return
receipt requested, or via a nationally recognized overnight courier service, and the City
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
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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.
Section 12. Audit and Inspection. The City may, at its expense, upon reasonable
notice and within ninety (90) days after each anniversarydate of this Franchise, examine
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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
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course of business or as required herein may be provided at the City's expense and as the
City and FPL may agree in writing. Information identifying FPL's customers by name or
their electric consumption shall not be taken from FPL'sP remises. Such audit shall be
impartial and all audit findings, whether they decrease or increase payment to the City,
shall be reported to FPL. The City's examination of FPL's records in accordance with
this Section shall not be conducted by any third party employed or retained by the City
whose fee, in whole or part, for conducting such audit is contingent on findings of the
audit. At the City's request no more than once annually, FPL will provide to the City an
electronic version of a billing list of all FPL customer addresses within the incorporated
areas of the City. The City will respect FPL's confidential documents. The City 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 opportunity 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 b
g a court of competent jurisdiction (after the
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expiration of all rights of appeal), such finding or adjudication shall not affect the validity of
the remainingprovisions foraperiod of ninety (90) days,s duringwhich, the Parties will
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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. Existing Franchise Agreement. The City 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 ("Existing Agreement"). The City agrees to indemnify and hold FPL
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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 City under the terms of this New Franchise Agreement. FPL
the acknowledges g t e City 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 16. 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.
Section 17. Effective Date. As a condition precedent to the taking effect of this
Ordinance, FPL shall file its acceptance hereof with the City's Clerk within thirty (30) days
of adoption of this Ordinance. The effective date of this Ordinance shall be when the
Existing 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 governed
and construed by the applicable laws of the Federal Government, State of Florida, Miami-
Dade County, and the Charter, Codes and Ordinances of the City.
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 eitherrtY
a hereto in Miami-
Dade
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Dade County, Florida, or, if a federal claim, in the U.S. District Court in and for the
Southern District of Florida, Miami Division.
Section 21. Entire Agreement. This New Franchise Agreement is intended to
constitute the sole and entire agreement between the City and FPL with respect to the
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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 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 City Commission.
Section 23. Notice. Except in exigent circumstances, and except as may otherwise
be specifically provided for in this Franchise, all notices byeither partyshall be made
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United States Certified Mail, return receipt requested, or via a nationally recognized
overnight 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:
a) To the City of Sunny Isles Beach: City Manager: 18070 Collins Avenue,
Sunny Isles Beach, Florida 33160
b) With a copy to the City Attorney: 18070 Collins Avenue, Sunny Isles Beach,
Florida 33160
c) To Florida Power and Light Company: Vice President, External Affairs, 700
9
Universe Boulevard, Juno Beach, FL 33408
d) With a copy to the Florida Power and Light Company Attorney: General
Counsel, 700 Universe Boulevard, Juno Beach, FL 33408
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 City and FPL
agree to comply with and observe all applicable Federal, State and valid and 9 p Y pP
non-
preempted local laws, rules, regulations, codes and ordinances, as they may be
amended from time to time.
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Section 25. Nondiscrimination. FPL represents and warrants to the City 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, color, sex, sexual preference, 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, sexual preference, 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 City
Mayor, the City Attorney, and the City Clerk, shall constitute evidence of the New
Franchise Agreement's approval after public hearing by the City Commission.
Section 27. Attorney's Fees and Costs. In the event either the City or FPL must
initiate litigation to enforce this New Franchise Agreement, therevailin partyshall be
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entitled to an award of all reasonable attorney'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.
PASSED on first readingthis 1'S*da of 2019.
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PASSED AND ADOPTED on second reading this Zday of &NV
2019.
CITY OF S A NNY ISL r S BEACH, FLORIDA
By:
C y� MAYO
ATTEST:
1
;. By: / I (SEAL)
erk, `Ci of Su ny Isles Beach, Florida
404
..-f
Page 15 of 15
APPROVED AS TO FORM A ND LEGALITY
f`-
4 . 41
City Attorney
kS,04�yY'sz$ City of Sunny isles Beach
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18070 Collins Avenue
" Sunny Isles Beach, Florida 33160
bPrA9p,�oQ a (305)947-0606 City Hall
of sw&.° (305)949-3113 Fax
MEMORANDUM ..
TO: The Honorable Mayor and City Commission
VIA: Christopher J. Russo
FROM: Tiffany D. Neely, Finance Director
DATE: 6/20/2019
RE: FPL New Franchise Agreement
RECOMMENDATION:
Staff recommends Commission approval to enter into a franchise
agreement directly with Florida Power& Light(FPL).
REASONS:
The City has been working over the past several years with other
agreement.municipalities to achieve a new FPL franchise We are
happy to report 'a proposed agreement'with similar terms- to other
municipalities incorporated since 1991, and without the fees and
charges that we were subject to- under the pre-existing County
Franchise, which is expiring.
ADDITIONAL INFORMATION:
The revenues from this franchise agreement willalso help the funding
of the city wide utility undergrounding project, for which we decided not
to assess these costs to our property owners. '
ATTACHMENTS: .
Description
Ordinance
Item Number: 9.A.
26
ACCEPTANCE OF ELECTRIC FRANCHISE
ORDINANCE NO. 2019-537
BY FLORIDA POWER & LIGHT COMPANY
City of Sunny Isles Beach, Florida
Florida Power & Light Company does hereby accept the electric franchise in the City of
Sunny Isles Beach, Florida, granted by Ordinance No. 2019-537, being:
AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA,
GRANTING TO FLORIDA POWER & LIGHT COMPANY, ITS SUCCESSORS
AND ASSIGNS, A NON-EXCLUSIVE ELECTRICT FRANCHISE, IMPOSING
PROVISIONS AND CONDITIONS RELATING THERETO; PROVIDING FOR
MONTHLY PAYMENT OF A FRANCHISE FEE TO THE CITY; PROVIDING FOR
ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN
CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN
EFFECTIVE DATE.
which was passed and adopted on June 20, 2019.
This instrument is filed with the City Clerk of the City of Sunny Isles Beach, Florida, in
accordance with the provisions of Section 17 of said Ordinance. The effective date of this electric
franchise shall be the date the current electric franchise between Miami-Dade County and Florida
Power & Light Company terminates by expiration of time or on the effective date of a new
franchise between Miami-Dade County and Florida Power & Light Company, whichever occurs
first.
FLORIDA POWER & LIGHT COMPANY
By ch'X-dek- YYL
Pamela
M. Rauch, Vice President
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this_D day ofULAy
2019 by Pamela M. Rauch of Florida Power & Light Company, a Florida corporation on behalf
of the corporation, who is personally known to me. \\\`��„'n��"",,,�,//
0\etie Mu
N TARY Pitie d•ignature = 1210412020 '
1101.111 PIMA
I HEREBY ACKNOWLEDGE receipt of the above Acceptance of Electric Franchfs 4 0 Fv,O „.�`
u� ��o
Ordinance No. 2019-537 byFlorida Power & Light.Com an , a 's c� if that I have filed the num
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samfor record ine permanent files and records of the Tn)w of tier Bay, Florida on this
(5 day of U"'' . c t —, 2019. ,9
(SEAL) F Clerk, ity of •unny Isles Beach, Florida
t,:r
roti.
4 ~ 1
ACCEPTANCE OF ELECTRIC FRANCHISE
ORDINANCE NO. 2019-537
BY FLORIDA POWER & LIGHT COMPANY
City of Sunny Isles Beach, Florida
Florida Power & Light Company does hereby accept the electric franchise in the City of
Sunny Isles Beach, Florida, granted by Ordinance No. 2019-537, being:
AN ORDINANCE CITY OF SUNNY ISLES BEACH, FLORIDA,
GRANTING TO FLORIDA POWER & LIGHT COMPANY, ITS SUCCESSORS
AND ASSIGNS, A NON-EXCLUSIVE ELECTRICT FRANCHISE, IMPOSING
PROVISIONS AND CONDITIONS RELATING THERETO; PROVIDING FOR
MONTHLY PAYMENT OF A FRANCHISE FEE TO THE CITY; PROVIDING FOR
ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN
CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN
EFFECTIVE DATE.
which was passed and adopted on June 20, 2019.
This instrument is filed with the City Clerk of the City of Sunny Isles Beach, Florida, in
accordance with the provisions of Section 17 of said Ordinance. The effective date of this electric
franchise shall be the date the current electric franchise between Miami-Dade County and Florida
Power & Light Company terminates by expiration of time or on the effective date of a new
franchise between Miami-Dade County and Florida Power & Lightht Company, whichever occurs
first.
FLORIDA POWER & LIGHT COMPANY
Y g" 5e-lAka.
Pamela M. Rauch, Vice President
STATE OF FLORIDA
COUNTY OF PALM BEACH
was acknowledged before me this, day \
The foregoing instrumentg _ of ,
2019 by Pamela M. Rauch of Florida Power & Light Company, a Florida corporation, n be�f�alf,���,,,,,
of the corporation, who is personally known to me. '�chetie 4/1/7n/,,,
y(g1,(44..i
ere y_ 210s� 1210412020 '•RY Signature _ wpm pout `i
Commission * '
% IF.O F F�-�`‘
A anc- of Electric Franchise��n iiiit
I HEREBY ACKNOWLEDGE receipt of the above ccept
Ordinance No. 2019-537 byFlorida Power & Light Company, an•- ce'�if that I have filed the
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sam for record in thhe pe manent files and records of the T . C ler Bay, Florida on this
15' day of .Nt4,J6 .%;: .. , 2019.
_OR-cr•
ttY l.-
(SEAL) fir„ y, z 3 Clerk, Ci y of S nny Isles Beach, Florida
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