Loading...
HomeMy WebLinkAboutReso 99-115 RESOLUTION NO. 99- \ \5"" A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE INTERLOCAL AGREEMENT BETWEEN MIAMI-DADE COUNTY AND THE CITY OF SUNNY ISLES BEACH, TO PROVIDE THE CITY ITS SHARE OF FRANCHISE FEE REVENUES GENERATED WITHIN THE CITY; AUTHORIZING THE CITY MANAGER TO EXECUTE SAME; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in 1989, Miami-Dade County enacted Ordinance No. 89-81, the Franchise Ordinance, which granted a non-exclusive electric franchise to Florida Power and Light to utilize public rights of way through the unincorporated and incorporated areas of Miami-Dade County and in consideration ofFP&L paying Miami-Dade County certain franchise fees (the "franchise fees"); and WHEREAS, the City Attorney and City Manager and Miami-Dade County have negotiated for the payment of those franchise fees derived from the use of public rights of way through the City of Sunny Isles Beach; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: 1. Approval of Agreement. The Interlocal Agreement by and between Miami-Dade County and the City of Sunny Isles Beach for the payment of FP&L franchise fees attached hereto as Exhibit "A", be and the same is hereby approved. 2. Execution by City Manager. The City Manager is hereby authorized to execute said Interlocal Agreement. 3. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this 21st day of January, 19~ ATTEST: '\ r., ;;" r _<','''. 1 I' l'!(""~.J, "tit ....... O""'_..,~'_'~ '. -1- . -of: .' APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ~ LAD- ~ L M. Dannheisser, CitY Attorney VOTE: 5'-0 Mayor Samson Vice Mayor Turetsky Commissioner Iglesias Commissioner Kauffman Commissioner Morrow Franchise Fee Interlocal Res t/ (Yes) ~(Yes) V (Yes) ~ (Yes) _(Yes) Moved by: ~~ Seconded by: Ul.P tAA _(No) _(No) _(No) _(No) _(No) INTERLOCAL AGREEMENT This Interlocal Agreement (the "Agreement") is made and entered into this /9(day of ~( 1998, by and between Miami-Dade County, a political subdivision of the State of Florida (the "County"), and the City of Sunny Isles Beach, a Florida municipality (the "C ity"). RECITALS WHEREAS, in 1989, County enacted Ordinance 89-81 (the "Franchise Ordinance"), which granted a non-exclusive electric franchise to Florida Power and Light ("FPL") to utilize public rights-of-way throughout the unincorporated and incorporated areas of Miami- Dade County, Florida, in return for FPL paying County certain franchise fees (the "Franchise Fees"); and WHEREAS, on June 16, 1997 a charter for the City was approved by the citizens of the City and on July 29, 1999, the City Commission was sworn into office; and WHEREAS, County and City wish to resolve their differences as to City's claim of entitlement to that portion of the Franchise Fees remitted by FPL to County for rights to utilize public right-of-way located within City ("City Fees"), . NOW, THEREFORE, in consideration of the mutual benefits derived therefrom, the parties covenant and agree as follows: 1. 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 City all City Fees actually received by County from FPL on Page 10fS July I, 2000 and on each July I thereafter. Franchise fee payments shall be made within forty-five (45) days of County's receipt of City Fees from FPL. Payment amounts shall be computed utilizing the same methods as those used for the VilIag'e of Key Biscayne, Village of Pinecrest and City of Aventura; I , 1.2 Execute any and all documents which FPL may reasonably require in order to identify City Fees: 1.1.3 Simultaneous with each payment of City Fees to the City, provide copies of all supporting documentation therefore that is received from FPL; 1.104 Maintain accurate and complete books, records and documents, sufficient to reflect properly all receipt of City Fees for a period of three years following receipt and payment to the City under this Agreement, and 1.1.5 The County hereby waives, relinquishes and disclaims any claim to City Fees required to be paid by County to City hereunder. 2. CITY WAIVER The City hereby waives, relinquishes and disclaims any claim to City fees received by the County prior to July 1,2000 and releases County from any and all claims of whatever nature for City Fees received by County from FPL prior to July 1, 2000. 3. 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 Franchise Ordinance. The provisions of Sections 1.104 and 1.1.5 and 2 shall survive the termination of this Agreement. Page 2 of5 4. 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. 5. ENTIRETY OF AGREEMENT This Agreement incorporated and includes all prior negotiations, correspondence, conversations, agreements and understandings applicable to the City 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 or their authorized representatives. 6. 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. 7. 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. Page 3 of5 8. REPRESENTATION BY CITY 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. 9. 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 provisions of this Agreement, provided that the material purposes of this Agreement can be determined and effectuated. 10. 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: County Manager Suite 2900 Stephen P. Clark Center 111 N.W. First Street Miami. Florida 33128-1993 with a required copy to: Miami-Dade County Attorney Suite 2810 Stephen P. Clark Center 111 N. W. First Street Miami, Florida 33128-1993 if to the City: City Manager City of Sunny Isles Beach Page 4of5 ~ with a required copy to: or such other respective address as the parties may designate to each other writing from time-to-time. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on their behalf as of the date above written. , ..t ,. , r- CITY OF SUNNY ISLES BEACH a municipal corporation ATTEST: ~~~M.. City Clerk BY.~" c-;?J~ City Manager APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ~~ . Atto~~r.., " ~ ~ .. Li. "-. 9~ .. CO.......,..; .. ..~ ::s: ~-.. :.., ...~l .~ \ .<.. o. ::J ~ !l ~o .-- .,': ~v ~l · -J. ATTE~:,.. ,. .... . . HARVEY'RU'lIt( Clerk Miami-Dade County, a political subdivision of the State of Florida ~~fI'5;;V~ Dep Clerk County Manager APPROVED AS TO FORM AND LEGAL SUFFICIENCY: agree/OO 199 Page 5 of5 City of Sunny Isles Beach 17070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida 33160 (305) 947 -0606 phone (305) 949 -3113 fax David Samson Mayor MEMORANDUM Irving Turetsky Vice Mayor TO: City Commission Commissioners Danny Iglesias FROM: Lynn M. Dannheisser, City Attorney Lila Kauffman Connie Morrow DATE: January 21, 1999 James DiPietro City Manager RE: INTERLOCAL AGREEMENT BETWEEN THE CITY AND Lynn M. Dannheisser MIAMI -DADE COUNTY FOR FRANCHISE FEES City Attorney RECOMMENDATION It is recommended you approve the agreement by and between the City and Miami Dade County in order that the City receive revenues from FP &L franchise fees. REASONS As each of you know, the payment of franchise fees from FP &L for the use of the public rights of way in the City of Sunny Isles Beach has heretofore been an issue between Miami -Dade County and the recently incorporated City. After numerous discussions with Miami -Dade County, consistent with the agreements entered into by and between Miami -Dade County and the City of Aventura and the Village of Pinecrest, and consistent with the Board of County Commissioners policy direction regarding the allocation of Florida Power and Light franchise fees, the City Manager and I have negotiated this Interlocal Agreement to provide the City of Sunny Isles Beach its share of franchise fees revenues generated within the corporate limits of the City. It is anticipated that these revenues will amount to approximately the $800,000.00, per year and based on the Interlocal Agreement the first payment will be in July 2000 consisting of 100% of the net franchise fees revenues for fiscal year 1999 to 2000. P�espectfully submitted, LMD:ch Attachment(s)