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:
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APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
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L M. Dannheisser, CitY Attorney
VOTE: 5'-0
Mayor Samson
Vice Mayor Turetsky
Commissioner Iglesias
Commissioner Kauffman
Commissioner Morrow
Franchise Fee Interlocal Res
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V (Yes)
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_(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
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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.
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CITY OF SUNNY ISLES BEACH
a municipal corporation
ATTEST:
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City Clerk
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City Manager
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
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HARVEY'RU'lIt( Clerk
Miami-Dade County, a political
subdivision of the State of Florida
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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)