HomeMy WebLinkAboutJ-4 Resolution: FPL Franchise FeesCity of Miami Gardens
1515-200 NW 167`h Street
Miami Gardens, Florida 33169
Mayor Shirley Gibson
Vice Mayor Oscar Braynon II
Councilman Melvin L. Bratton
Councilman Aaron Campbell Jr.
Councilwoman Sharon Pritchett
Councilwoman Barbara Watson
Councilman Andre Williams
Aqenda Cover Paqe
Date: 06/23/07
Fiscal Impact: No ^ Yes x Public hearing Quasi-Judicial ^
(If yes, explain in Staff Summary) Ordinance Resolution X
Funding Source: n/a 1st Reading 2nd Reading ^
Contract/P.O. Requirement: Yes X No^ Advertising requirement: Yes ^ No X
Sponsor Name/Department: RFP/RFQ/Bid #
Dr. Danny Crew, City Manager
Title
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS,
FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND
ATTEST, RESPECTIVELY, THAT CERTAIN INTERLOCAL AGREEMENT BETWEEN
MIAMI-DADE COUNTY AND MIAMI GARDENS, FLORIDA, FOR PAYMENT OF
CERTAIN FLORIDA POWER AND LIGHT FRANCHISE FEES, A COPY OF WHICH IS
ATTACHED HERETO AS EXHIBIT A; PROVIDING FOR INSTRUCTIONS TO THE CITY
CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN
EFFECTIVE DATE.
For the past several years, the County has been paying to the City, applicable franchise fees it
collects from Miami Gardens' residents and businesses. The County just realized that we h~~d
never entered into a formal agreement for these payments, though they are mentioned in tFie
City primary interlocal agreement.
This interlocal agreement will formally establish our rights as well as those of the County. There
is no change form current practice.
RECOMMENDATION: That City Council approve the interlocal establishing ttie
County's payment to the City of the FPL franchise fees.
J-4) CONSENT AGENDA
RESOLUTION
MIAMI-DADE COUNTY
RESOLUTION No. 2007-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY
CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN
INTERLOCAL AGREEMENT BETWEEN MIAMI-DADE COUNTY AND
MIAMI GARDENS, FLORIDA, FOR PAYMENT OF CERTAIN FLORIDA
POWER AND LIGHT FRANCHISE FEES, A COPY OF WHICH IS
ATTACHED HERETO AS EXHIBIT A; PROVIDING FOR INSTRUCTIONS
TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE.
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WHEREAS, in 1989, Miami-Dade County enacted Ordinance 89-81 (the
"Franchise Ordinance"), which granted a non-exclusive electric franchise to Florida
Power & Light ("FP&L") to utilize public rights of way throughout the unincorporated and
incorporated areas of Miami-Dade County, Florida, in return for FP&L paying Miami-
Dade County certain franchise fees (the "Franchise Fees"), and
WHEREAS, the City of Miami Gardens was created on May 13, 2003, and
WHEREAS, Miami-Dade County and the City of Miami Gardens wish to enter
into this agreement for payment of that portion of the Franchise Fees remitted by FP&L
to Miami-Dade County for rights to utilize public right-of-way located within City ("City
Fees"),
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF MIAMI GARDENS, FLORIDA, as follows:
13 Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas
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paragraphs are hereby ratified and confirmed as being true, and the same are hereby
made a specific part of this Resolution.
Section 2. AUTHORITY: The Mayor and City Clerk are hereby authorized and
directed to execute and attest, respectively, that certain Interlocal Agreement befinreen
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Miami-Dade County and Miami Gardens, Florida, for payment of certain Florida Power
and Light franchise fees, a copy of which is attached hereto as Exhibit A.
Section 3. INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby
authorized to obtain three (3) fully executed copies of the subject Agreement, with one
to be maintained by the City; with one to be delivered to Miami-Dade County, with one
to be directed to the Office of City Attorney.
Section 4. EFFECTIVE DATE: This Resolution shall take effect immediately
upon its final passage.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS AT ITS REGULAR MEETING HELD ON JUNE 27, 2007.
SHIRLEY GIBSON, MAYOR
ATTEST:
RONETfA TAYLOR, CMC, CITY CLERK
Prepared by SONJA KNIGHTON DICKENS, ESQ.
City Attorney
SPONSORED BY: DANNY CREW, CITY MANAGER
MOVED BY:
VOTE:
Mayor Shirley Gibson (Yes) (No)
Vice Mayor Oscar Braynon, II (Yes) (No)
Councilman Melvin L. Bratton (Yes) (No)
Councilman Aaron Campbell (Yes) (No)
Councilman Andre Williams (Yes) (No)
Councilwoman Sharon Pritchett (Yes) (No)
Councilwoman Barbara Watson (Yes) (No)
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260323_1. DOC
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INTERLOCAL AGREEMENT
This Interlocal Agreement (the "Agreement") is made and entered into this
day of , 2007, by and between Miami-Dade County, a political
subdivision of the State of Florida (the "County"), and the City of Miami Gardens, a
Florida municipality (the "City").
RF('iTAi,S
Whereas, in 1989, County enacted Ordinance 89-81 (the "Franchise Ordinance"),
which granted a non-exclusive electric franchise to Florida Power & Light ("FP&L") to
utilize public rights of way throughout the unincorporated and incorporated areas of
Miami-Dade County, Florida, in return for FP&L paying County certain franchise fees (the
"Franchise Fees"); and
WHEREAS, the City was created on May 13, 2003, as authorized by Miami-Dade
County Ordinance 03-59; and
WHEREAS, County and City wish to enter into this agreement for payment of that
portion of the Franchise Fees remitted by FP&L to the 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:
I. OBLIGATIONS OF THE COUNTY
1.1 The County shall:
1.1.1 For so long as the Franchise Ordinance is in effect and enforceable,
pay to the City all City fees received by County from FP&L on July
1, 2007 and on each July 1 thereafter. Such payment shall be made
within forty-five (45) days of County's receipt of City Fees from
FP&L.
1.1.2 Execute any and all documents which FP&L may reasonably require
in order to identify City Fees:
1.1.3 Beginning with the remittance of the City Fees for the Fiscal Year
2006-07 and for so long as the Franchise Ordinance is in effect and
enforceable, the County shall determine that amount of the City Fees
to be remitted by the County to the City utilizing the methodology
as outlined in this agreement. Regarding the determination of the
Franchise Fees to be submitted to the municipalities of Aventura,
Key Biscayne, Pinecrest, Sunny Isles Beach, Palmetto Bay, Doral,
Miami Gardens, Cutler Bay and Miami Lakes (collectively, the
"Cities") by the County, the following methodology shall be
utilized, which is also illustrated in Table 1 for the determination of
Franchise Fees to be remitted by the County to each City for the
Fiscal Year 2004-05, as follows:
a. Determine from FP&L's records the total amount due
to the Cities, the Unincorporated Municipal Service Area
(UMSA), and any new municipality which is created after
the effective date of this addendum but before the expiration
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of the Franchise Ordinance (collectively, the "Recipients")
based on six percent of the FP&L gross revenues attributable
to service being provided within the corporate limits and
service area of the Recipients for the respective calendar year
("Gross Revenues"). See Table 1 Column A.
b. Subtract from Gross Revenues the amount of
municipal real and personal property taxes paid by FP&L on
its real and personal property within the respective corporate
limits and service areas of the Recipients during the
respective calendar year ("Municipal Taxes"). See Table 1
Column B.
c. Subtract from the Gross Revenues the total
Countywide operating and debt service, Fire, Library,
Florida Inland Navigation, and Everglades Project, South
Florida Water Management District property taxes and other
applicable taxes ("Regional Taxes") paid by the FP&L on its
real and personal property within the respective corporate
limits and service areas of the Recipients excluding any
Regional Taxes paid on real and property associated with the
Turkey Point and Cutler Power Generating Facilities
properties. See Table 1 Column C.
d. Determine the difference of the Gross Revenue less
the Municipal Taxes and the Regional Taxes as defined
above in items b and c("Adjusted Franchise Fees"). See
Table 1 Column D.
e. Subtract from the Adjusted Franchise Fees for each
City the equivalent Regional Taxes paid by FP&L for
property in cities which have a separately executed franchise
agreement with FP&L which was in effect as of the date of
the Franchise Ordinance and the Regional Taxes paid by
FP&L on Turkey Point and Cutler Power Generating
Facilities that is recognized as a deduction by FP&L for the
remittance of Franchise Fees to the County apportioned
among the Recipients and based on the percent of each
recipient's Adjusted Recipient Revenue to the total Adjusted
Recipient for all recipients, (Prorated Amount). See Table 1
Column E.
f. The amount of the Franchise Fees to be paid by the
County to the Cities shall be determined by subtracting from
the Adjusted Recipient Revenue the apportioned Regional
Taxes paid by FP&L on property in cities which have a
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separately executed franchise agreement as referenced in
item e above (the Net Franchise Fees). See Table 1 Column
F.
TABLE 1 A B C D E F
NEW
METHOD Gross
Revenue Municipal
Taxes Regional
Taxes
w/o PP Subtotal
(w/o PP) Prorate Old
Cities and PP NEW
METHOD
Ke Bisca ne 1,052,948.54 30,067.17) 65,751.72) 957,129.65 (183,488.76) 773,640.89
Aventura 2,935,149.30 52,721.24) (249,678.96) 2,632,749.10 (504,717.28 2,128,031.82
Pinecrest 1,410,244.51 26,993.61 115,092.80 1,268,158.10 243,115.19 1,025,042.91
Sunn Isles 1,154,787.41 44,890.94 141,328.73 968,567.74 185,681.53 782,886.21
Palmetto Ba 1,318,971.46 (113,681.82 (271,532.87) 933,756.77 (179,008.01 754,748.76
Doral 2,183,185.46 28,207.91 115,562.24 2,039,415.31 390,970.85) 1,648,444.46
Miami Gardens 3,559,496.12 57,675.45 (166,726.69) 3,335,093.98 (639,361.93 2,695,732.05
Miami Lakes 1,884,173.36 (44,918.20 162,685.02 1,676,570.14 321,410.77 1,355,159.37
UMSA 54,913,188.18 4,093,088.04 8,602,362.23 42,217,737.91 8,093,449.45 34,124,288.46
TOTAL 70,412,144.34 (4,492,244.38) (9,890,721.26) 56,029,178.70 (10,741,203.77) 45,287,974.92
1.1.4 Following request of the City, Coincident with the annual
calculation of the Net Franchise Fees to be remitted to the City by
the County, the County simultaneous with each payment of City
Fees to the City, shall provide copies of all supporting
documentation that is received from FP&L;
1.1.4 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
2. TERM
The provisions of this Agreement relating to Franchise Fees shall be in full force
and effect for a period commencing on the day of execution and terminating upon
expiration of the full term of the Franchise Ordinance.
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3. GOVERNING LAW
This agreement shall be governed by and construed in accordance with the laws of
the State of Florida. Venue for any litigation between the parties for any
controversy arising from or related to this Agreement shall be in the Eleventh
Judicial Circuit in and for Miami-Dade County, Florida.
4. ENTIRETY OF AGREEMENT
This Agreement incorporated and includes all prior negotiation, correspondence,
conversations, agreements and understanding applicable to the 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 to
their authorized representatives.
5. HEADINGS
Captions and headings in this Agreement are for ease of reference only and do not
constitute a part of this Agreement and shall not affect the meaning or
interpretation of any provisions herein.
6. RIGHTS OF OTHERS
Nothing in this Agreement, expressed or implied is intended to confer upon any
person, other than the parties hereto, any rights or remedies under or by reason of
this Agreement.
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7. 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.
8. INVALIDATION OF PROVISIONS, SEVERABILITY
Wherever possible, each provision of this Agreement shall be interpreted in such
manner as to be effective and valid under applicable law, but if any provision of
this Agreement shall be prohibited or invalid under applicable law, such provision
shall be ineffective to the extent of such prohibition or invalidity, without
invalidating the remainder of such provision or the remaining provision of this
Agreement, provided that the material purposes of this Agreement can be
determined and effectuated.
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9. NOTICE
Notices to the parties as provided for herein shall be sufficient if sent by hand-
delivery, federal express or certified mail, return receipt requested, addressed as follows:
if to the County: Miami-Dade County Manager
Suite 2900
Stephen P. Clark Center
111 NW First Street
Miami, Florida 33128-1993
with a required copy to: Miami-Dade County Attorney
Suite 2800
Stephen P. Clark Center
111 NW First Street
Miami, Florida 33128-1993
if to the City: City Manager
City of Miami Gardens
1515 N.W. 167th Street
Miami Gardens, FL 33169
with a required copy to:
or such other respective address as the parties may designate to each other in writing from
time-to-time.
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IN WITNESS WHEREOF, the parties hereto have caused the Agreement to be
executed on their behalf as of the date first above written.
CITY OF MIAMI GARDNES, a municipal
corporation
ATTEST:
City Clerk
By:
City Manager
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
City Attorney
ATTEST:
HARVEY RUVIN, Clerk
Deputy Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
County Attorney
MIAMI-DADE COUNTY, a
Political subdivision of the State of Florida
By its Board of County Commissioners
By:
County Mayor or designee
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