7Cj 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
(--) 23
.. 24
'c 25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
,) :~
ORDINANCE NO. _____ _
An Ordinance establishing an electric franchise with Florida Power & Light
Company for installation of city street lighting within the City of South Miami.
WHEREAS, the City of South Miami (City) desires to install street lighting; and
7
WHEREAS, the installation of street lighting requires substantial investments of capital and
other resources in order to construct, maintain and operate facilities essential to the provision of
such service in addition to costly administrative functions, and the City of South Miami does not
desire to incur the cost to provide such services; and
WHEREAS, Florida Power & Light Company (FPL) is a public utility which has the
demonstrated ability to install street lighting and supply such services; and
WHEREAS, Florida Power & Light Company requires a 10 year agreement in order to
provide street lighting for the City; and
WHEREAS, the City Charter prohibits contracts that exceed five years for purchase
good and/or services but allows franchise agreements lasting up to 50 years; and
WHEREAS, FPL and the City of South Miami desire to enter into installation Agreements
from time to time to provide for the installation and maintenance of city street lighting for the City
of South Miami, without charge for the installation and maintenance, other than the exclusive right
and privilege of supplying electricity for said facilities for a minimum of 10 years following the
installation of each facility pursuant to certain terms and conditions, and
WHEREAS, the City Commission of the City of South Miami deems it to be in the public
interest to enter into these installation agreements defining the rights and responsibilities of the
parties as they relate to the installation and maintenance of new electrical facilities and the exchange
of other good and valuable consideration between the parties;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1. The foregoing recitals are hereby found to be true and correct, and are
incorporated herein and adopted and approved as if set out at length.
Section 2. There is hereby granted to Florida Power & Light Company, its successors and
assigns (hereinafter called the "GRANTEE"), a non-exclusive franchise to install or modifY the
street lighting facilities described and identified in the attached purchase order/Street Lighting
Agreement and hereinafter called the Street Lighting System, and the exclusive franchise to furnish
to the City the electric energy necessary for the operation of the Street Lighting System for a term of
10 years, and furnish such other services as are specified in this Agreement, all in accordance with
the terms of FPL's currently effective street lighting rate schedule on file at the Florida Public
Service Commission (FPSC) or any successive street lighting rate schedule approved by the FPSC.
The initial term of the street lighting franchise agreement shall be forl 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 ofthe 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.
12
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.
15
16 Section 6. Effective Date. This ordinance shall become effective upon enactment.
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
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:
C)
(j
C)
FPLAccotint Number. 30857$0399
FPL Work Order Number: 5439652
STRt:t:T LtGHTING AGRt:t:Mt:NT
, .
In accordance with the lollowin~ terms and conditions, CITY OF SOUTH MIAMI , (herefnal!e, called the Customer), requests (lnth!s 1211< day 01
MARCH, 2014, Irom FLORIDA paWt:R & LIGHT COMPANY (hereinafter cal.led FPL), aco!poralion organized and e~slingunderthelawsof.the
Stale 01 Floride, thelollowing Installation or modificalion 01 street lighting lacll~ies at (general boundaries) , located inVIO 6835 SW 6711< ST ,
MIAMI·pADt:. ·DADE!, FloMa.
(C~ I county)
(a) Installallon and/o,removel olfP~-owned lacllitlesdescnbed. as lollows:
Fixture Rallng
tin lumens!
22,000
I
Lights· Installed
Fixture Type
COBRA·
I
#Instaiied
3
Poles Installed Poles Removed
f-P_O_le_Type_-+Il-\#_ln_sta_lIed_-l
11
Pote Type \ r Removed
Fixture Rating
{in Lumens}
ConductorS Installed
Feet' not UnderPaving
Feet Under Paving
(b) Modfficallon toexlsling laclla!e •. other than desc;ri~ .abeve(eXPlalnfully): NONt:
Lights Removed
Fixture Type # Removed
Conductors Removed
Feel no.!Under Paving
Feet Under Paving
That, for and in consideraijO.n·-~nhe P9ven~rit~'~~t forth, herein', the parties 'hereto_covenan~ and agree as folloWs:
FPL AGRt:t:$:
1. To install or modIfY. th.e streel lighting !a«Hilies described and. identflied al>ove (herelnefter called the SIr.el Lighting System), fumish to the
Customer the-electric energy,.neoo.ssary.·fc;>r ,the:QPeratloQ of the ·Street Lighting 'System, and, furnish such other-st!.rvlces as are 'specified In this
AQreelTIent, .all in aceordance withlhe 'telJl1~ :of EPVs"'pUr~nUy: effe¢tive street, lighting rate schedule on file 'at the Florida PObliq SerVice
C~qminlsslon (FPSC) o.rany.successiveotreelligh\ing rate~chedul. approved by IheFPSC.
THE CUSTOMt:R AGREES:
2; To pay a contribution.in the an:J()unt-of $ 0.00 'prior, to FPL's' i_nitiatlng' the-requ.ested 'ihstallallo_1'I or modification.
3. To purchase Irom FPL all of Ihe electric anergy~sed·for the operallon 01 the. Street.lighting Sy~\Om.
4. robe ~sponslble 10rp~Ylng; whendue,.all bills rendere.d. by FPL pur$uant 10 FPL'scurrently efiective~.tre.et IIghli~g rala schedule on file .atthe
FPSC or any successIVe slrael lighting rateschedulaapprovad by Ihe FPSC, 10rlacIUlies and sarvlceprovlded in aooordance wRhlhlS
agreement
5. To provide '_access, 'final gradln"g and, when, requeste<t, 'gocid and sufficient easements, ,suitable construction drawing$ shoWing the l(;Iealion of
e,xl_stlng arid' proposed strUctures, identification of 'all 1'I00n-FPL undergrQuhd facUUies within ,or near pole or _trenc~ _ ,locations, and approp'riate
plats:-ne~ssary for planning the design and "completing the-construction of FPL facililie~ ass.ociated with the Street lighting System,
6. To-perform any clearing-, compacting, removal of stumps or other obstructions that conflict. With construction, and drainage-of rights-of-way or
easements..rettulred by FPL to accommodate .. the street lighting facUities.
___ . _~ ___ L. __ _
IT IS MUTUALLY AGREED THAT:
7, MOdidfidcat,tions
l
tat the
t
III ahCtililies provldedtb
d
Y FIPL t~ndehr this ad~fireet~ent, otbher than .f°l~ "'h adinteMnadneen ' tmay °fnFIYpLbe tmadt elIhhtr~ugfh thl~ exe
l
cudtl°fin of n
ail_a I 10ila 8 tee 9 lng, agreemen e mea 1119 t e mo Ilea lon.8 to e accomp IS e, 0 Ilea Ion 0 -s ree 19 mg -aci Illes' s e med
as the following:
a, Ihe,,additton 'of street lighting f~cilities:
b. the removal of street lighting facilities; and
c. the .removal of-'street'lighting faci_lilies and the replacement of such_ facilities with new facilities and/or ,additional facilities.
Modifications· will be 8u,bject, 10 the-'costs Identifi_ed in FPL's currently effective street lighting raie schedule on file at the FPSC, or any
successive sch_B_dule approved by, the FPSC.
8, FPl will, at llie request of the Customer, relocate the street lighting:facili~ies cOvered by-tHls-agreem.ent, If provided sufficient right~of"ways or
ea,semBn~s to do so, The Customer s~_al_1 be responsible for the payment of all costs associate!;l Witli any such pustomer-requested relocation
of FPLstreet lighting ,(adities. Paymen_t shall be made by the C-ustomer In advance ofany relocation.
9. FPL may, at:any'time. substitute_for'any luminairellamp insl;;llled hereunder another lumitlairenamp-Wltlch shall be of ,at least -equal illuminating
capac1ty and efficiency.
10. This Agre~ment shall be for-a term often (10) years Jrom ~he !;late of initiation.of-servic&,_ and; excepl as provide~ below, sh::tli extend Ihereaft~r
for further successive':periods of flVe-(5) years from the ,expiration of the ,initial ten (10)' year term or from the expiration of any extens_ion theJeof.
The d~te of Iniliatlon of seNiee shall be defined as the date the first lights are energiZed and billing begins, not the date of this Agreement
This Agree",.nt shalibeextended automatically beyond the Initial· the (10)year term or anY extension thereof, unless either partyshali have
givt;!n _ written notice tl) th~ other of its desire to ,terminate thiS Agreement. The, written not!ce .. s~all-be by ~rti,fied mail-and shall be given not
less than ninety (90j days before the eJqliralion of the initial ten (10) year term, or any extension thereof.
11. In th~ BYe nt" ,street -lighting facilities covered by_ this agreement are removeQ" either at. ~he request of the Gus~m$r 'or through .tenninatlon or
brea,Ch of this .Agre.e.ment,,:the Customer shall, ~e responsible for paying to FPL an amount equal to the or,iglnallnslalle~ cost, o_f the facilities
Rrovid!3d ,by FPL l!nderthis":agreeme~t le,ss any salvage' value and any depreciation ,(based ,on ,current' depre,ciation rates as approved by the
FPSC) plus removal QQst
12; Shoul~ the Cu~tonier fail to pay any, bUis 'due, and rendered pursuant to, thls_, agreement ,ofotheTWise faU to, perf_oJ!n the obligations contained in
this Agre.emEuiI, s_8id obUgaUQns be_in~ malerlal and goinQ to the :essence of this Agreement, FPL 'may cease to sUPP,1y ,electric energy or
service unt\1. thE! Customer has ,paid the bills due and rendered _Or has fully cured SUch _otherbre'ach 'of ~his AgreemEmt. Any failure of FPL to
exercise its rights hereunder shall not b~'a waNer _of its rights. It Is und_erStood; however, that such discontinuance of the supplying: of electric ;',/,' ','.)
enemy or service shall 'not constitute a breac_h of this Agreement by FPL, nor-shall it. rellev~ the Customer-of the-obligation ,to perfonn any' of '.
the'te,ms_,ar'ld condillc;ms'ofthis Agreement.
13. The obligation to furnish ,or purchase serviCe shall -be_ excused at any t_ime that ellher party is prevented ,from complying, with ,this Agreement by
stnkes,. lockouts; fires l Jiols, _acts of God" the public enemy, or by caIJse: or ca~ses not underthe control of the party'thus prevented from
9QmpUa,nco_ and _FPL shall not have the obligation to furlli~h se:rvi,ce if It Is preve~ted from comp,Mng with this Agreement by reason of any
partial l t(!mpora'X or enUre __ shut~own of Service which, in the sale' op.inion of FPL, is reasonably necessary for the_ purpose of repairing or
mi';lklng mo!e·~fficient all or any, part o_f its 'generating or .other electrical equipment.-
14. This ,Agreement s.upersedes all previous Agreements or representations_, either written, ,oral or otheJWise betwe,en:lhe_ Customer and FPL, with
respe~t ~ the fa_ciUUes referenced herein _and constitutes the. 8_otire AgreE)metnt,between the pai1les. This Agreement does not, create any
r:i9ht~ or provid8:::al'ly-rE!!medies.t9 third parties or create any additional 'duty, obligation _or undert,aklng~· by_FPL to third parties.
15. This Agreement.shall inure,to th~ benefit of, and b" binding, upon the :successQrs a,nd assigns of the 'CustomeLand FPL.
16. This Agreement i_s.subject ,to FPL's Electric Tariff, including, but not limited Ip._ the General. Rule_s and Regulations for Ele~tric SeNice and the
Rules·of,the ,FPSC'i as_they,_sre written, or as:lhey may be'hereafter revised, amen,d~d or_slJPpl~rilented, In the event of any connict between
the terms of this Agreement and the provisiOQs of the fPL Eleclric Tariff or the FPSC Rules, the provisions of the Electric Tariff and FPSC
Rules'shall conlrol, as they-are now wri~en, or as thet may be hereafter' revisedi,amended"ot supplemented.
INWITNESS WHEREOF. the parties hereby caused this Agreement to be executed in triplicate by their duly authorized representatives to
be effe~trve 'as of the .!:fay and, yeaJ first written above,
Charges and Teons Accepted:
CtTY OF SOUTH MIAMI.
Customer (Print o.type name of Organization)
By:----==::7.C7.:":-.-'7;:'===,,-----Signature (Authorized Representative)
(Print or type name)
Title: ________________ _
FLORIDA POWER & LIGHT COMPANY
BY::~~r£!:i~~~~::s..)I5~_
(Signature)
REINALDO CABRIALES
(Print or type name)
Tille: Construction Servjces Representative
p~ lor!
)
(j
24SE I NEIGHBORS
C)
)
=" ''''''"'~ t_ "i . -
",~.",~,,' ~
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 begitmiug at 7:00 p.m., in the City Commission
Chambers, 6130 Sunset Drive, to consider the following itemls):
A Resolution authorizing the City MOD!lger to execute a notice to proceed with the
solarjJane) program; Goldin Solar, LLC hlwing provided the best prices for installation
of soJaI' panels for residents ond businesses.
A Resolution approving the construction more than two stories on the Madison Square
site for the Madison Square affordable housing project pursuant to Section 20-3.5(D)
(I) and other applicable provisions ofthe City's Land Development Code.
l-An Ordinance establishing nn electric franchise with Florida Powel' & Light Company\ l for installation of ciLY slreet lighting within the City of South Miami. )
An Ordinance amending the CityofSollth Miami Land Development Code, Article VIII
Transit Oriented Development District, "Definitions," Section 20-8.2. "Definitions."
IO amend vertical story floor height maximum.
An Ordiuance Adopting The City of South Mi,1II1i 2015 Text Amendments to the
Compreneusive Plan Future Land Use And HOllSing Elements, And Authorizing
Transmittal To The Florida Department Of Economic Opportunity aod Review
Agencies.
Ail Ordinance Adopting a Small Scale Amendment to the Future Land Usc Map of
the Comprehensive Plan, amendiog the designation of the Sylva Martin Building nnd
a parking lot on the City Hall properly located at 6130 Sunset Drive from Parb and
Open Space to Traosit Oriented Development District (TODD).
An Ordinance amending fhe Official Zoning Map as provided i.o the City of South
Miami Land Development Code, Article III, "Zoning Re6'Ulations," Section 20-3.1 (C),
and other applicablc provisions to apply a Historic Preservation Overlay (HP-OV)
upon the historic Sylva Martin Building and front porch only located at approximately
6130 SunselDrive.
An Ordinance, amending the City of South Miami Land Development Code, Article
II, "Definitions," Section 20-2.3, ''Definitions,'' to add definitions for "Variety Retail"
and "Retail Outlet -Off-Prke Retail," and Article VII, "Hometown District Overlay
Ordinance," Section 20-7.12, Permitted-Uses," to provide that sucb llijes shall oat be
permitted in the Hometown District Overlay.
ALL interested parties are invited to attend and will be heard.
For fUlther information, please contact the City Clerk's Office at: 305-663-6340.
Maria M. Menendez, CMe
City Clerk
f'ursunm 10 FlQrida S!atu!0S 2~6.0J 05, th~ Ci1Y hereby advise:; the public that if ~ person dec-ides to uppeRl !Illy decision
made by !his Boord, Agc'llcy or COlT!miE~km with n::~ecl (0 'm~ molter considered al i(i mcctin!! or Iwaring, he or she ,,~11
uecd s .. com of(~c pro=di,,!\!!, and (hat for 'Ii<ll! purpose •• fleeled P"ISOll mayn~cd to CllSure that a verbatim remrdofthe
proceedi,,!\!! is m~dc which ICrord jnolud~s ~1C (estimony Hnd cvidence upun which Ihcappeol is to b" b""cd.
FROM PAGE 3SE
SUNDAY NOVEMBER 22 2015
MIAMIHfRAlD.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 Cordl Gables,"
he said.
Slough and Everglades
Nationall'ark. Ullman said
the next proposal is to con-
struct an additional 5.5
miles to further dear 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 'Nill host a
panel discussion on the trail
and its future in February
and will continue to bdng in
children to tour the exhibit
through the Green City
program.
"We have it up for nine
months1 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
May 22.
• Cost: Admission is free for
museum members, $7 for
adults, $5 for students and
seniors (with 10) 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
51 .. \< ROod (SR) 992 'SW 152 "treet from SR 821, HEFT Flomln ~ TlImpllle NB Ramp 10 US 1
l'uJ"tlilLl1l1l1clill" Nllnli)cl~ 1',28Gl"2fll!), 2S62'1..!OJ
CO"I111 MIc,nH Dddl' COli I,
The Florida Department of Transportation (FOOT) 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 emall amedlna@mrgmlaml.com.
VisIt www.fdotmlamJdade.comforprojectinformatlon.
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. Graphic displays will be shown and FOOT representatives will be
available to discuss the project and answer questions. Public participation at this meeting
is solicited 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 partlc/pate In this workshop/f1earlng is asked to advise
the agency at least 7 days before the workshop/hearing by contacting: Ivette Ruiz-Paz at
(305) 470-5349 or ill writing: FOOT, 1000 N. W. 111 Avenue, Miami, FL 33172, email: ivette.
ruiz-paz@dot.state.tI.us. If you are hearing or speech impaired, please contact the agency
using the Florida Relay Service, 1 (800) 955-8771 (TOO) or 1 (800) 955-8770 (Voice).
C)
SUNDAY DECEMBER 6 2015
MIAMIHERALD.COM NEIGHBORS
CITY OF SOUTH MIAMI
COURTESY NOTICE
i 37SE
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 15, 2015 beginning at 7:00 p.m., in the City Commission Chambers, 6130 Sunset Drive, to
consider the following item(s):
A Resolution for special use approval to permit a general restaurant at 6144 S. Dixie Highway.
A Resolution approving an application for a waiver of off-street parking space requirements for the property located at 6144 S. Dixie
High'0<'aY·
A Resolution of the Mayor and City Commission of the City of South Miami, Florida, adopting a draft amendment to Article VI, Section 9
(B) of the City Charter to restrict the sale or lease of City real property or the purchase of real property by the City, subject to a Referendum
of the City's electorate approving the amendment, and to be placed on the ballot at the Presidential Preference Primary Election scheduled for
March 15, 2016 and directing the City Clerk to take all necessary actions to carry out the provisions of this resolution.
An Ordinance amending Land Development Code Article III, Section 20-5.8 to correct a scrivener's error in Section 20-5.8 referring to the
Pennitted Use Schedule.
An Ordinance amending Article Iv, "Other Regulations," Section 20-4.4, "Off-street parking requirements," Subsection (B), "Space
Requirements," to create new subsection (B)(17), to establish a revised parking requirement for affordable or workforce housing projects.
An Ordinance amending Article III, "'Zoning Regulations, Section 20-3.5, "Dimensional Requirements," and other applicable provisions, to
adjust the density caps in the Specialty Retail SR zoning districts for affordable and workforce housing projects north of US I and within the
Community Redevelopment Area boundaries as they existed on October 14,2015.
(
An Ordinance establishing an electlic franchise with Florida Power & Light Company for installation of city street lighting within the city Of)
South Miami.
An Ordinance amending the City of South Miami Land Development Code, Article VIII Transit Oriented Development DistJict, "Definitions,"
Section 20-8.2, "Definitions," to amend vertical story floor height maximum.
An Ordinance Adopting The City of South Miami 2015 Text Amendments to the Comprehensive Plan Future Land Use And Housing Elements,
And Authorizing Transmittal To The Florida Deparhnent Of Economic Opportunity and Review Agencies.
An Ordinance Adopting a Small Scale Amendment to the Furore Land Use Map of the Comprehensive Plan, amending the designation of the
Sylva Mal·tin Building and a parking lot on the City Hall property located at 6130 Sunset Drive from Parks and Open Space to Transit Oriented
Development District (TODD).
An Ordinance amending the Official Zoning Map to establish a Historic Preservation Overlay (HP-OV) in the Transit Oriented Development
District (TODD-PI) for the Sylva Martin Building located at approximately 6130 Sunset Drive.
ALL interested parties are invited to attend and will be heard.
For further information, please contact the City Clerk's Office at: 305-663-6340.
Maria M. Menendez, CMC
City Clerk
Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeaJany decision made by this Board, Agency or Commission witb respect to any matter
considered at ils meeting or hearing, he or she will need a record of the proceedings. and that for such purpose, affected person may need to ensure that a verbatim record of the proceediugs is made
which record includes the testimony and evidence upon which the appeal is to he based.