13/3
1 ORDINANCE NO. _____ _
2
3 An Ordinance establishing an electric franchise with Florida Power & Light
4 Company for installation of city street lighting within the City of South Miami.
5
6 WHEREAS, the City of South Miami (City) desires to install street lighting; and
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8 WHEREAS, the installation of street lighting requires substantial inves1ments of capital and
9 other resources in order to construct, maintain and operate facilities essential to the provision of
10 such service in addition to costly administrative fimctions, and the City of South Miami does not
11 desire to incur the cost to provide such services; and
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13 WHEREAS, Florida Power & Light Company (FPL) is a public utility which has the
14 demonstrated ability to install street lighting and supply such services; and
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16 WHEREAS, Florida Power & Light Company requires a 10 year agreement in order to
17 provide street lighting for the City; and
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19 WHEREAS, the City Charter prohibits contracts that exceed five years for purchase
20 good and/or services but allows franchise agreements lasting up to 50 years; and
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22 WHEREAS, FPL and the City of South Miami desire to enter into installation Agreements
23 from time to time to provide for the installation and maintenance of city street lighting for the City
24 of South Miami, without charge for the installation and maintenance, other than the exclusive right
25 and privilege of supplying electricity for said facilities for a minimum of 10 years following the
26 installation of each facility pursuant to certain terms and conditions, and
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28 WHEREAS, the City Commission of the City of South Miami deems it to be in the public
29 interest to enter into these installation agreements defining the rights and responsibilities of the
30 parties as they relate to the installation and maintenance of new electrical facilities and the exchange
31 of other good and valuable consideration between the parties;
32
33 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
34 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
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36 Section 1. The foregoing recitals are hereby found to be true and correct, and are
37 incorporated herein and adopted and approved as if set out at length.
38 Section 2. There is hereby granted to Florida Power & Light Company, its successors and
39 assigns (hereinafter called the "GRANTEE"), a non-exclusive franchise to install or modify the
40 street lighting facilities described and identified in the attsched purchase order/Street Lighting
41 Agreement and hereinafter called the Street Lighting System, and the exclusive franchise to furnish
42 to the City the electric energy necessary for the operation of the Street Lighting System for a term of
43 10 years, and furnish such other services as are specified in this Agreement, all in accordance with
44 the terms of FPL's currently effective street lighting rate schedule on file at the Florida Public
45 Service Commission (FPSC) or any successive street lighting rate schedule approved by the FPSC.
46 The initial term of the street lighting franchise agreement shall be fori 0 years following the initial
Page 1 of2
1 installation of the Street Lighting System as set forth in the attached purchase order/Street Lighting
2 Agreement. Thereafter, additional Street Lighting Systems may be ordered by the City Manager for
3 terms of 10 years for the supplying of electricity for each Street Lighting System and under terms
4 that are substantially similar to the terms in the attached Street Lighting Agreement if approved by
5 resolution of the City Commission after a public hearing.
6 Section 3. The City of South Miami agrees to the terms set forth in the attached Street
7 Lighting Agreement
8
9 Section 4. Severability. If any section, clause, sentence, or phrase of this ordinance is
10 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
11 shall not affect the validity of the remaining portions of this ordinance.
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13 Section 5. Ordinances in Conflict. All ordinances or parts of ordinances and all
14 sections and parts of sections of ordinances in direct conflict herewith are hereby repealed.
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16 Section 6. Effective Date. This ordinance shall become effective upon enactment.
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PASSED AND ENACTED this _~ day of _____ , 2015.
ATTEST:
CITY CLERK
1st Reading
2nd Reading
READ AND APPROVED AS TO FORM:
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
Page 2 of2
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Harris:
Commissioner Edmond:
Commissioner Liebman:
Commissioner Welsh:
• FPL.
FPLAccount Number: 30857-60399
FPL WorkOrdar Number: 5439652
STREET LIGHTING AGREEMENT
In accordance wilh the following tenns and condnions, CITY OF SOUTH MrAMI , (herelnalter call~the Customer), requests onthls~dayof
MARCH, 2014, from FLORIOA POWER & LIGHT COMPANY (hereinafter called FPL), a corporation organ~edand existing under the laws. of the
Sta.1e of Florida, the following Installation or modification of streat lighting facllilles at (general boundaries) , located in VlO 6835 SW 6tH ST •
MIAMI·DADE. ~,Florida ..
(City I county)
(a) Installation andior removal of FPL·owned facilities described as follows:
Fixture Rating
(in Lumens)
22,000 I
Poles Installed
Llghls Installed
FixtureType
COBRA
# Installed
I
3
Poles Rempved
PoleTm!! # Installed PoleTYE!! # Removed
II II II
Fixture Rating
.(In Lumensf
ConWJ~rs In§lalled
Feet nolUnder Paving
Feet Under Paving
(b) Modification to existing facllnies other than descri.bed above (explain fully): NONE
Lights Removed
Fixture Type # Removed
Condugors Removed
Feet not Under Paving
Feet Under Paving
That, for and in considers}i6n of.lhe covenants set forth herein, the parties hereto covenant and agree as follows:
FPL AGRE.ES:
I. To inslall or modIfY th.e street lighting facllilles described and identified above (he'!linafter .called the Street Lighting System), fumish to the
Customer the-electric energy-necessary for ,the ,operation of the Street Lighting System. and. furnish such alhlu services as are spedfied In this
Agreement, all In accordance with 'the term~ of. FPl's, clirreliUy effectiVe streef lighting rate schedule on file at the Florida Public Service
Commission (FPSC) or anysucoessive street lighting rate schedule approved by the FPSC.
THE CUSTOMER AGREES:
2. To pay, a contribution In ~he amount-of $ ML prior to FPL's initiating the-requested ,installation _or modification.
3. To purchase fromFPL all of t~e eleclri" energy used for the operation of the Street lighting System.
4. To be '!Isponsible for paying; when due, all bills '!Indered by FPL pursuant to FPL'scurrently effectlvestre.et lighting rate s~edule on file at the
FPSC or any sucoessive street lighting· rate scheduleapprove<! by the FPSC, for facilities and selViceprovided in accordance with this
agreement.
5. To provide _access, final gradIng and, when requeste~, good and sufficient easements. -suitable construction drawillgs shoWing the locat!on of
e,xlsOn9 and proposed structures, Identification of all nCln-FPL underground facUities,'wIthin or near pole or trench locations, and appropriate
plats necessal}' f9r planning the design and completing the construction of FPL facilities associated. with Ihe Street Lighting System.
6. To' perform any clearing, compacting, removal of.stumps or other obstructions that conflict with construction, alid drainage of rights-of-way or
easements,required by FPL to accommodate the street lighting facUities.
P"S~lon
IT IS MUTUALLY AGREED THAT:
7. Modifications to'the facilities provided by FPL under this agreement, other than for maintenance, may only be made through'the execution oJ
an additional slraet lighting agreement delineating the modifications to be accomplished, Modlficalion of FPL street lighting facilities Is defined .s the following:
a, the. addition of street lighting facilities:
b, the removal of streellighting facHnies;and
c~ the_ remOval of street 'lighthig facilities and the' replacement of such facilities with new facilities and/or additional facilities.
Modifications will be' subject to the costs identified in FPl's currently effective street lighting rate schedule. on file at the FPSC, or any
successive schedule approved by. the FPSC.
8, FPL will, a1 th(;! request of the Customer, relocate the street lightlng-facUities covered ,by this agreement .. lf'provided sufficient right·of~ways or
easell1er*~-to do,so. The·Customer shall be responsible for the payment of all costs associated with any such Customer-requested relocation
of FPL street lighting facilities, Payment shall be made by the Customer In advanos of any relocation,
9, FPL may, at any time, sUbsUtute for any luminairenamp installed hereunder another lumlnalre/lampwhlch shall be of at least equal illuminating
capacjly and efficiency.
10, This Agreement shall be for a tenn of ten (10) years from the date of initlalion of service, and, excepl as prQvlded below, Shall extend thereafter
for-further successiVe',perlods,of fIVe' (5) years from the_ explratioh of the initial ten (10) year terill or from the expiration ahny extension thereof.
The date of initiation of servios shall be defined as the dale Ihe first lights are energized and billing begins, not the date of this Agreement
This Agr¢ement shall be extended automatically beyond the Initial the (10) year tenn or any extension thereof, unless either party shall have
given writ~en notice t() the other 6f its desire to terminate this Agreement. The'written notice shall be by certified mail and shall be gIven not
less than ninety (90) days before the expiration of the initial ten (10) year tenn, or any extension thereof,
11. In the event street lighting facilities covered by this agreement are removed. either at the reque_st of the Customer or through ,termination or
breaCh of IhlsAgreement, the Customer shaUe responsible for paying to FPL an amount equal to theorjginal.lnstalled cost olthe faCllnies
provided _by FPL, LInder this, agreement less any salvage value and any' depreCiation (based ,on current depre,clalion rates as approved by the
FPSC) plus removal cosl,
12, Should the Customer fall.!o pay any bills due and rendered pursuant to Ihis. agreement a/otherwise fall to perfonn the obligations contained In
this Agre,ement. s_ald Qbllgatlons being material and going to the essence of this AQreement, FPL may cease to s_uPP,ly electric energy or
service until t~e Customer has paid the bills due and rendered or has fully. cured such other breach of this Agreement Any failure of FPL to
exercise its rights hereunder shall not be a w.:.lver ,of its rights" It is understood, however, that such discontinuance '_oUhe supplying of electric
energy or servlos shall not constitute a breach of this Agreemenl by FPL, nor shall it retlevethe CUstomer of the obtigation to perfonn any of
the terms ;and conditions of this Agreement.
13, The obligation to furnish or purchase service shall be excused at any time that either party Is prevented from complying with this Agreement by
strike's" lockouts j fires, rl"ls, acts of God,_ the public enemy. or by cause or causes not under the control of the party'thus prevented from
compliance and FPL Shall not have the obligation to fUrnish servios if it Is prevented fromcorriplylng with this Agreement by reason of any
partial, temporary or entire sh~t-down of ,service which, In the sale opinion of FPI,. is reasonably necessary for the purpose of repairing or
maki(lg mOrf3 'Qff!clent all or any, part of It~ generating or other electrical equlpmenl
14. This Agreement superSedes all' previous Agreements.or representations, either written, oral or othelWise between the Customer and FPL. with
respect to the facilities referenced herein ,and constitutes the: entire Agreement lletween the parties. This Agreement does not, create any
rights or provide any remedies-to,thli'd parties or create any additional duly. obligation or undertal(ing_~ by FPL to third parties.
15. This Agreement shall inure.to the benefit Of. and be blndjng upon the successors and assigns of the Customer and FPL.
16, This Agreement Is.subjecl to FPL's Etectric Tariff, including, bul not limited to, Ihe General Rules and Regulations for Electric Servlos and the
Rules,of the FPSC, as they are written, or as they may be hereafter revis'ed, amen.ded or supplemented. In the event of any conflict between
the tenns of thIS Agreement and-the provisiQ!')s ofthe FPL Electric Tariff or the FPSC Rules; Ihe provis_ions of the Eleclric Tariff and FPSC
Rules shall control, as'they are now written, or as they may'be hereafter revised; amended or supplemented.
INWITNESS WHEREOF, the parties hereby caused this Agreement to be executed in triplicate by their duly aulhorized representative. to
be effective 'as of the ,pay-and, y~ar first written above.
Charges and Terms Accepted!
CITY OF SOUTH MIAMI
Customer (Pllnt ortype name of Organization)
~:'------~~~~~~==~~~--Signature (Authorized Representative)
(Print or type name)
Title:, ________________ _
FLORIDA POWER & LIGHT COMPANY
REINAI DO CABRIALES
(Pontor type name)
Title: Construction Services Representative
24SE I NEIGHBORS
CITY OF SOUTH MIAMI
COURTESY NOTICE
NOTICE IS HEREBY given that the City Commission of the City of South Miami,
Florida will conduct Public Hearing(s) at its regular City Commission meeting scheduled
for Tuesday, December 1, 2015 beginning at 7:00 p.m., in the City Commission
Chambers, 6130 Sunset Drive, to consider the following item(s):
A Resolution authorizing the City Manager to execute a notice to proceed with the
solar panel prol,'Tnm; Goldin Solar, LLC having provided the best pJices fbr imtallatiol1
of solar panels for residents and businesses.
A Resolution approving the construction more 1h:1O two stories on the Madison Square
site for the Madison Square affordable housing project pursuant to Section 20-3.5(0)
(1) and other applicable provisions of the City's Land Development Code.
(
' An Ordinance establishing nn electric franchise with Florida Power & Light Company\
for installation of city street lighting within the City OfSOUlh Miami. )
An Ordinance amending the City of So nth Miami Land Development Code, Ar/icle VIII
Transit Oriented Development District, "Definitions," Section 2Q..S.2. "Definitions."
to amend vertical story floor height maximum.
Au Ordimmce Adopting The City of South Mi~U11i 2015 Text Amendments to the
Comprehensive Plan Future Land Use And Housing Elements, And Authorizing
Transmittal To The Florida Department Of Economic Opporhmity and Review
Agencies.
An Ordinance Adopting a Small Scale Amendment to the Fuhu'C Land Use Map of
the Comprehensive Plan, amending the designation of the SylVa Martin Building and
a parking jot on the City Hall properly located at 6130 Sunset Drive from Parks and
Open Space to Transit Oliented Developmcnt District (TODD).
An Ordinance amending the Officilll Z<ming Map as provided in the City of South
Millmi Lund Development Code, Article III, "Zoning Reb'Ulalions," Section 20-3.I(C),
and other applicable provisions to apply a Historic Preservation Overlay (HP-OV)
upon the historic Sylva Martin Building and front porch only located lit llpproxinmtely
6130 Sunsel Dlive.
An Ordinance amending the City of South Miami Land Development Code, Article
11, "Definitions," Section 20-2.3. "Definitions," to add definitions for "Variety Retail"
and "Retail Outlet -Off-Price Retail," and Article VII, "Hometown Districl Overlay
Ordinance," Section 20-7.12, Permitted Uses," to provide that such nses shall not be
permitted in the Hometown District Overlay.
ALL interested parties are invited 10 attend and will be heard.
For fUI1her information, please contact the City Clerb Office at: 305-663-6340.
Maria M. !"1enendez, CMC
City Clerk
PUl'5U11nt to Florid" Stalul"" 2~6.0J05. the City hereby advises the publio thot if" person deddes 10 "pre"] any decision
made by this Board. A1:'-'I1~Y Or Commission WWI !'C'llect to "ny m~ttl'T oon~iden:d "I ii, meeting or hearing, he or she will
Hccd a record "nhc proc,,,,dilll>'. and that fur such purpoSl). affeclc(\ person may Hccd 1" CilSUTC thal u verbatim record ofth~
proceedings i~ made "hi~h ",cord includes the te'timo~y K~d e"idel1~e upon which thc!l]lp"al ;.lo be hased.
FROM PAGE 3SE
I SUNDAY NOVEMBER 22 2015
MIAMIHERAlD.COM
TAMIAMI TRAIL
on the road, and it may
travel to other parts of flor-
ida,
"Even though we're
called the Coral Gables
Museum we are not just
focused on Coral Gables,"
he said,
Slough and Everglades
National Pmk Ullman said
the next proposal is to con-
struct an additional 5.5
miles to further clear the
blockage, That project is
expected to break ground in
2016 on Earth Day,
"We still have an opportu-
nity to change things,"
Ullman said, "We don't
know what's going to hap-
pen with the Everglades but
we need to do everything
we can."
The museum will host a
panel discussion on the trail
and its future in Febl'l1ary
and will continue to bting in
children to tour the exhibit
through the Green City
program.
"We have it up for nine
months, concurrent with the
school year," Parker said,
"Part of our mission is to
bring as many K-12 students
in as we can."
Parker said the exhibit is
also designed to be a show
Lance Dixon: 305-376-3708,
@LDixon 3
If you go
• What: Trailblazers: The
Perilous Story of the
Tamiami Trail.
• Where: Coral Gables
Museum, 285 Aragon Ave.,
Coral Gables.
• When: Running through
May22.
• Cost: Admission is free for
museum members, $7 for
adults, $5 for students and
seniors (with ID) and $3 for
children 6-12.
• Information: Visit coral
gablesmuseum.org or call
305-603-8067.
Photographer Clyde
Butcher will autograph
copies of his new book, The
Natural World Along
Tamiami Trail, 7 to 8 p.m.
Dec. 3 at the museum.
Butcher's work will be on
exhibit from Dec. 4 through
Feb. 28.
Public Hearing Notice
Stale !fodd (SH) 992/SW :152 Slreet fWIll sr~ 821/HEFT/rlomld s Tllrl1plke NB Ramp to US:1
frGj! ct i1l0nllfic,ltlcll Numb':I" ~ 32861 ')2 0\ ~3 2862,,2111
COli'll) MIC1nll Dade Caul I)
The Florida Department of Transportation (FDOT) will host a public hearing
two roadway Improvement projects along State Road (SR) 992jSW 152 Street from
SR 821jHEFTjFlorlda's Turnpike NB Ramp to SR 5jUS 1, in Miami-Dade County.
Thursday, December 3, 2015
6 p.m. to 8 p.m.
Coral Reef Park
7895 SW 152 Street
Palmetto Bay, FL 33157
For information about this hearing or project, please contact
Public Information Specialist Alexandra MedIna at
786-607-3002 or email amedlna@mrgmlaml.com.
Visit www.fdotmiamidade.com for project Information.
The hearing will begin as an open house, from 6 p,m, to 8 p,m., with a formal presentation
starting at 6:30 p.m. GrapllIc displays will be shown and FOOT representatives will be
available to discuss the project and answer questions. Public participation at this meeting
Is so/lc/ted without regard to race, color, national origin, age, gender, religion, disability or
family status. Pursuant to the provisions of the Americans with Disabilities Act, any person
requiring special accommodations to participate In this workshop/hearing Is asked to advise
the agency at least 7 days before the workshop/hearing by contacting: Ivette Ruiz-Paz at
(305) 470-5349 or in writing: FOOT, 1000 N.W. 111 Avenue, Miami, FL 33172, email: ivette.
rulz-paz@dot.state.fI.us. If you are hearing or speech {mpaired, please contact the agency
using the Florida Relay Service, 1 (800) 955-8771 (TDD) or 1 (800) 955-8770 (Voice).