Res No 099-13-13917RESOLUTION NO. 9 9 -13 -13 917
A Resolution authorizing the City Manager to enter into an Interlocal
Agreement with the Village of Pinecrest ( "Village ") supporting the efforts of
the Village in opposing Florida Power & Light's ( "FPL ") Site Certification
Application for Turkey Point Units 6 & 7 and the installation of FPL
transmission lines on South Dixie Highway through the City of South Miami
and the Village of Pinecrest.
WHEREAS, the City of South Miami ( "City ") and the Village are currently a party to: In
Re: Florida Power & Light Co. Turkey Point Units 6 and 7 Power Plant Siting Application, PA
03 -45A3, DOAH Case No.: 09- 3575EPP /DEP OGC Case No.: 09 -3107, a formal administrative
proceeding held for the purpose of determining whether power plant and transmission line
facilities proposed by FPL should be certified and approved for development; and
WHEREAS, the City previously, by resolution no. 121 -12- 13678, authorized the City
Attorney to hire the firm of Nabors, Gilbin & Nickerson, P.A. ( "Nabors ") to intervene on the City's
behalf in the FPL rate case before the Florida Public Services Commission, for an amount not to exceed
$25,000; and
WHEREAS, the City was never able to reach an agreement with Nabors to the
satisfaction of the City; and
WHEREAS, the Village of Pinecrest has hired the Nabor's law firm to oppose the
expansion of the Turkey Point nuclear power plant and to oppose the installation of new above
ground high voltage transmission lines on South Dixie Highway; and
WHEREAS, both the City and the Village are similarly situated with regard to the
impact of the proposed new nuclear units and its related transmission lines; and
WHEREAS, the City has supported the Village's efforts by advocating against the
expansion of Turkey Point and FPL's proposed location of high voltage transmission lines; and
WHEREAS, the concerns of the City and the Village in relation to FPL's application are
closely aligned and the City and Village of Pinecrest desire to enter into an agreement to join
forces in the opposition to the transmission lines; and
WHEREAS, the City will continue to advocate and to provide support for the position of
the Village in advancement of the alternate corridor certification effort, and help the Village by
defraying the Village's costs for legal services incurred in the above - referenced action.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized to enter into the an Interlocal
Agreement with the Village of Pinecrest and to pay a sum not to exceed $25,000 for future legal
Pagel of 2
Res. No. 99-13-13917
0,
expenses incurred by Village of Pinecrest in opposition to the expansion of the Turkey Point
power plant and the installation of the transmission line through the City of South Miami on
South Dixie Highway, and to promote the alternate corridor.
Section 2. Severability. If any section clause, sentence, or phrase of this resolution is
for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding
shall not affect the validity of the remaining portions of this resolution.
Section 3. Effective Date. This resolution shall become effective immediately upon
adoption by vote of the City Commission.
♦J
CI'YY ATTO
COMMISSION VOTE: 5 -0
Mayor Stoddard:
Yea
Vice Mayor Liebman:
Yea
Commissioner Newman:
Yea
Commissioner Harris:
Yea
Commissioner Welsh:
Yea
Page 2 of 2
INTERLOCAL AGREEMENT BETWEEN THE
VILLAGE OF PINECREST AND THE CITY OF SOUTH MIAMI
This Interlocal Agreement is entered into by the Village of Pinecrest ( "Village ") and the
City of South Miami ( "City ") pursuant to Florida Statutes 163.01 - Florida Interlocal
Cooperation Act, for the purpose of supporting the efforts of the Village in opposing Florida
Power & Light's ( "FPL ") Site Certification Application for Turkey Point Units 6 & 7.
Whereas, the purpose of Florida Interlocal Cooperation Act is to permit local
governmental units to make the most efficient use of their powers by enabling them to cooperate
with other localities on a basis of mutual advantage and thereby to provide services and facilities
in a manner and pursuant to forms of governmental organization that will accord best with
geographic, economic, population, and other factors influencing the needs and development of
local communities.
Whereas, the Village is currently a party to: In Re: Florida Power & Light Co. Turkey
Point Units 6 and 7 Power Plant Siting Application, PA 03 -45A3, DOAH Case No.: 09-
3575EPP/DEP OGC Case No.: 09 -3107, a formal administrative proceeding held for the purpose
of determining whether power plant and transmission line facilities proposed by FPL should be
certified and approved for development. In furtherance of its interests, which are shared by
municipalities situated along the U.S. 1 corridor, the Village has proposed an alternate
transmission line corridor to the one proposed by FPL in said proceeding and is advocating its
certification. Like the Village, the City is similarly situated with regard to the impact of the
proposed new nuclear units and the related transmission lines.
Whereas, the City has supported the Village's efforts by advocating against the expansion
of Turkey Point and FPL's proposed location of high voltage transmission lines. The City has
commissioned and shared a significant economic impact report which the Village cited in
opposition to FPL's proposed transmission line corridor.
NOW THEREFORE, it is agreed by and between the parties to this Interlocal
Agreement as follows:
1. The City and the Village will continue to advocate, and the City will continue to
provide support for the position of the Village, in advancement of the Village's current proposed
alternate corridor certification effort.
Page 1 of 2
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2. The City shall reimburse the Village for the Village's litigation expenses that the
Village hereinafter incurs up to the sum of $25,000.00 as a contribution toward defraying the
Village's costs for legal services incurred in the above - referenced action.
3. The Village will continue to represent the City's interest and the City's opposition
to the installation of the proposed transmission lines that currently are routed to be installed
through the City of South Miami and to oppose the certification of proposed new nuclear power
plants.
4. This agreement shall remain in full force and effect through the entire certification
process including any and all appeals.
5. This agreement shall become effective upon the date that the last party signs this
agreement.
IN WITNESS WHEREOF, the parties have set their hands and seals on the date set forth
below.
Dated this 7` day of , 2013
ATTESTED- CITY OF OUTH MIAMI
Signatur
aria M. Menendez, MC - tev=ger
ander
City Clerk City
Read and App
Legality ands
Signa
to Form,
Thereof.
Attorney
ATTEST
Signatur`�`' �°►oJI�ICc¢
r
o 0--- uido H. Inguanzo, Jr., CMC F
Village Clerk
Read and Approved as to Form, Language,
Legality and E cution Thereo :
Signature:
i a e Attorney
Dated this l day of AJI 2013
VILLA OF PI EC
By:
Cindy Le e ay r
Page 2 of 2
MEMORANDUM OF UNDERSTANDING BETWEEN
THE VILLAGE OF PINECREST AND THE CITY OF SOUTH MIAMI
This Memorandum of Understanding is entered into by the Village of Pinecrest
( "Village ") and the City of South Miami ( "City ") for the purpose of supporting the efforts
of the Village in opposing Florida Power & Light's ( "FPL ") Site Certification Application
for Turkey Point Units 6 & 7.
The Village is currently a party to: In Re: Florida Power & Light Co. Turkey Point Units 6
and 7 Power Plant Siting Application, PA 03 -45A3, DOAH Case No.: 09- 3575EPP /DEP
OGC Case No.: 09 -3107, a formal administrative proceeding held for the purpose of
determining whether power plant and transmission line facilities proposed by FPL
should be certified and approved for development. In furtherance of its interests,
which are shared by municipalities situated along the U.S. 1 corridor, the Village has
proposed an alternate transmission line corridor to the one proposed by FPL in said
proceeding and is advocating its certification. Like the Village, the City is similarly
situated with regard to the impact of the proposed new nuclear units and its related
transmission lines.
The City has supported the Village's efforts by advocating against the expansion of
Turkey Point and FPL's proposed location of high voltage transmission lines. The City
has commissioned and shared a significant economic impact report which the Village
cited in opposition to FPL's proposed transmission line corridor. The City will continue
to advocate and to provide support for the position of the Village in advancement of the
alternate corridor certification effort, and further agrees to provide to the Village the sum
of $25,000.00 as a contribution toward defraying the Village's costs for legal services
incurred in the above - referenced action.
Signatures:
indy Le yor
Village of Pine rest
Date: , 0
Attest:
Pt s
�f
Mido H. Inguanzo, Jr., CMCS
Village Clerk
!V/
Philip K. Stoddard, Mayor
City of South Miami
Date: _ 1, 9613
Attest:
Maria M. Menendez, C M C
City Clerk