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O-11662
J-98-509 5/18/98 11662 ORDINANCE NO. AN EMERGENCY ORDINANCE APPROVING THE FRANCHISE AGREEMENT . ("AGREEMENT"), ATTACHED HERETO AS EXHIBIT "A" AND MADE A PART HEREOF, BY AND BETWEEN THE CITY OF MIAMI AND FPL ENERGY SERVICES, INC., ITS SUCCESSORS AND ASSIGNS, GRANTING A THIRTY-SEVEN (37) YEAR NONEXCLUSIVE FRANCHISE FOR CONSTRUCTION, OPERATION AND MAINTENANCE OF AN ENERGY EFFICIENT DISTRIBUTION SYSTEM IN THE PUBLIC RIGHTS -OF -WAY OF THE SERVICE AREA, SPECIFICALLY DESCRIBED IN THE ATTACHED AGREEMENT, FOR PURPOSES OF DELIVERING CHILLED WATER AND STEAM TO PUBLIC AND PRIVATE INSTITUTIONS IN THE CITY OF MIAMI; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT, AS AMENDED; CONTAINING A REPEALER PROVISION AND PROVIDING FOR AN EFFECTIVE DATE AND EXPIRATION DATE. WHEREAS, FPL Energy Services, Inc., a subsidiary of Florida Power and Light Company, has requested the privilege of a franchise for purposes of constructing, operating and maintaining a distribution system for delivery of chilled water and steam to provide energy efficient heating and cooling to existing and future developments, both public and private; and WHEREAS, in consideration of the right, privilege and franchise to construct said chilled water and steam distribution system, used. in the provision of district cooling and heating services, FPL .Energy Services, Inc., is willing to enter into a thirty-seven (37) year non-exclusive franchise agreement ( the "Agreement") with the City; and 11662 WHEREAS, projected revenues to the City from the proposed Agreement are estimated up to $37,310,545 over the next thirty-seven (37) years, which amount includes ad valorem taxes estimated up to $7,499,193; and WHEREAS, during the term of the Agreement, or any extension 'thereof, the City agrees not to engage in the business of distribution and selling of chilled water or steam and related services for the provision of district cooling and heating services in competition with FPL Energy Services, Inc., its successors or assigns; and WHEREAS, during the term of the Agreement, or any extension thereof, in the event that the City awards a franchise agreement to install, operate and maintain a chilled water or steam distribution system, within the within the franchise area herein granted to FPL Energy Services, Inc., which provides for the payment to the City of franchise fees in amounts less than the amounts provided for under the attached Agreement, FPL Energy Services, Inc., shall be entitled to benefit from such more favorable payment terms; and WHEREAS, the provisions of the Agreement are interdependent upon one another, and if any of the provisions are found or adjudged to be invalid, illegal, void or of no effect, the entire Agreement shall be null and void and of no force or effect; NOW, THEREFORE, BE IT BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The proposed franchise agreement (the "Agreement") between the City of Miami and FPL Energy Services, Inc., its successors and assigns, granting a thirty-seven (37) year nonexclusive franchise for construction, operation and maintenance of an energy distribution -2- 11662 system to deliver steam and chilled water, via mains in the public rights -of -way, for purposes of providing energy efficient heating and cooling to public and private institutions within a specified service area in the City of Miami, is hereby approved. A copy of the proposed Agreement is attached to this Ordinance, marked "Exhibit A", and is made a part of this Ordinance as though fully set out herein. Section 3. Within ninety (90) days after passage and approval of this Ordinance, the City of Miami and FPL Energy Services, Inc., shall duly execute the Agreement, in substantially the attached form, and failure of FPL Energy Services, Inc., to enter into the Agreement as hereinbefore specified shall be deemed a rejection by FPL Energy Services, Inc., of the rights and privileges herein granted and the authority hereinbefore granted to the City Manager to enter into the attached Agreement shall, after expiration of said period of ninety (90) days, absolutely cease. Section 4. The City Manager is hereby authorized to execute the Agreement between the City of Miami and FPL Energy Services, Inc., in substantially the attached form. Section 5. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 6. This Ordinance is hereby declared to be an emergency measure on the grounds .of urgent public need for the preservation of peace, health, safety, and property of the City of Miami. Section 7. The requirement of reading this Ordinance on two separate days is hereby dispensed with by an affirmative vote of not less than four -fifths of the members of the Commission. -3- 11662 • • Section 8. This Ordinance shall become effective immediately upon its adoption. PASSED AND ADOPTED BY TITLE ONLY this 2 6 tray of May , 1998. JOE CAROLLO, MAYOR In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of this legislation by signing- it in the designated place provided, said legislation no i becomes effective with the elapse of ten (10) daysJrom the of Ccmmiss' action regarding same, without the Mavor/xercisina� vdto_�_ ATTEST: WALTER J. FOEMAN CITY CLERK •.Ully.1111,411104191101 PREPARED AND AP ROVED BY �f/ JULIE, . BRU ASSISTANT CITY ATTORNEY VILARELLO 494/JOB/kd/csk J. Foeryld�City Clerk 11662 E • Exhibit "A" FRANCHISE AGREEMENT BETWEEN FPL ENERGY SERVICES, INC. AND THE CITY OF MIAMI This franchise is authorized pursuant to Ordinance No. passed and adopted by the City of Miami Commission on 11662 TABLE OF CONTENTS Section 1 Definitions 1 Section 2 Grant 3 Section 3 Franchise Fee 3 Section 4 Term of Franchise 5 Section 5 Assignment and Transfer 5 Section 6 Use of Public Ways 5 Section 7 Removal of System Facilities; City Right to Purchase 7 Section 8 Records 7 Section 9 Forfeiture and Termination 8 Section 10 Police Powers 8 Section 11 Interdependent Provisions 9 Section 12 Non Compete Other City Agreements 9 Section 13 Insurance 9 Section 14 Indemnification 10 Section 15 Venue 11 Section 16 Law Governs 11 Section 17 Compliance With Laws Rules and Regulations 11 Section 18 Notices 11 Section 19 Failure of City to Enforce; No Waiver 12 11662 THIS FRANCHISE AGREEMENT made and entered into this day of 1998, by and between FPL ENERGY SERVICES, INC., a Florida corporation, its successors and assigns, whose mailing address is 9250 West Flagler Street, Miami, Florida 33174 and the CITY OF MIAMI, a municipality of the State of Florida, its successors and assigns, whose mailing address is 3500 Pan American Drive, Miami, Florida 33133. NOW THEREFORE, in consideration of the premises, covenants and terms and .conditions of the parties set forth below and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties agree as follows: Section 1. Definitions For the purpose of this Franchise Agreement the following terms, phrases, and words shall have the following meaning. (a) "Ad -Valorem Taxes" means a tax based upon the assessed value of real and personal property as determined by the property tax appraiser of Miami -Dade County or its successor. (b) "Actual Ad Valorem -Taxes" means the amount of tax that the City receives from the total Ad -Valorem Taxes collected by Miami -Dade County from the Company. (c) "City means the City of Miami, a municipal corporation of the State of Florida. (d) "Company" means FPL ENERGY SERVICES, INC., a Florida corporation, its successors and assigns, whose mailing address is 9250 West Flagler Street, Miami, Florida 33174. (e) "Franchise Area" means that portion of the City for which this franchise is granted which is specifically described in Exhibit "A", attached hereto and by this reference made a part hereof. (f) "Franchise Year" (i) the "First Franchise Year" shall consist of the period of time commencing on the Effective Date and ending on September 30, 1998; (ii) the second franchise year shall consist of twelve consecutive months commencing on October 1, 1998 and ending on September 30, 1999; and (iii) each and every twelve consecutive months thereafter throughout the term of this Franchise Agreement shall constitute a franchise year. 11662 0 (g) "Gross Revenues" means any and all revenues derived by the Company from the sale of chilled water or steam for the purpose of providing district cooling, heating, and related services within the Franchise Area, including but not limited to, revenue from regular service fees, installation and connection charges, equipment rentals and charges, and maintenance charges. (h) "Ordinance" means Ordinance No. passed and adopted on by the City Commission authorizing the City Manager to execute this Franchise Agreement and providing for an effective date. (i) "Oversight Board" means the Emergency Financial Oversight Board of the State of Florida which is empowered to review and approve all pending City contracts. 0) "Public Ways" means the surface and the subsurface of any public street, path, alley, sidewalk, boulevard, drive, bridge, waterways or other public right-of-way held or hereafter held by the City. No reference in this Franchise Agreement to the Public Ways shall be. deemed to be a representation or guarantee by the City that its title to or jurisdiction over any property is sufficient to permit its use for the purposes contemplated by this Franchise Agreement, and the Company shall under the privilege granted hereunder be deemed to gain only the rights to use the property in the Public Ways as the City may have the undisputed right and power to give. (k) "System Plant" means a facility or central plant producing chilled water or steam used in the provision of district cooling and heating services. (1) "System Facilities" means distribution mains, pipes, conduits, wire, related equipment, and all other facilities to be installed in , upon, -along or below the Public Ways for providing district cooling and heating services to buildings located in the Franchise Area, excluding the System Plant. Section 2. Grant. The City grants to the Company a non-exclusive right, privilege and franchise to construct, operate and maintain in, under, upon, along, over and across the Public Ways within the Franchise Area, in accordance with customary practices with respect to their construction and maintenance, the System 2 11662 Facilities for the purpose of delivering chilled water or steam to buildings located within the Franchise Area. This Franchise Agreement shall become effective, after being fully executed by the City and the Company, on the date approved by the Oversight Board (the "Effective Date") The granting of the non-exclusive franchise described herein shall not preclude or provide a basis for denying any qualified third party application for a non-exclusive franchise to construct, operate and maintain a distribution system for the delivery of chilled water and/or steam to provide efficient heating and cooling to existing and future developments, both public and private, within the City of Miami, including the Franchise Area. Any subsequent qualified third party franchise application shall be afforded the same expedited review and approval process applied to the instant application. Section 3. Franchise Fee. (a) For each and every Franchise Year without further demand, set-off or abatement, the Company shall pay in lawful currency of the United States at the address provided for in Section 18 herein franchise fees in the following amounts: The First Franchise Year. The Company shall, on or before September 30, 1998 pay to the City franchise fees for the First Franchise Year in the amount of one hundred fifty thousand ($150,000). 2. The Second Franchise Year. The Company shall, on or before September 30, 1999 pay to the City franchise fees for the Second Franchise Year in an amount which shall be the greater of: one percent of the estimated Gross Revenues for that Franchise Year or two hundred thousand dollars ($200,000) ), provided, however, that such payment shall be adjusted on the 30th of November following such payment and credit given to the City or the Company, as appropriate based upon any difference between the actual and estimated Gross Revenues. 3. The Third and Fourth Franchise Years. For the Third and Fourth Franchise Years, the Company shall pay to the City the following amounts: 3 11662 For example: (i) on or before 30th of September of each individual Franchise Year the greater of. one percent of the estimated Gross Revenues for that Franchise Year or one hundred thousand dollars ($100,000), provided, however, that such payment shall be adjusted on the 30th of November following each such payment and credit given to the City or the Company, as appropriate based upon any difference between the actual and estimated Gross Revenues; and (ii) on or before the 30th of each November immediately following the end of each such individual Franchise Year an amount, if any, which when added to the Actual Ad -Valorem Taxes paid by the Company which were due and payable as of the 1st of November immediately following such 30th of September shall be not less than one hundred thousand ($100,000) dollars. Example # 1. Assume that in the Third Franchise Year the Company pays Actual Ad - Valorem Taxes due for the calendar year of 2000 in the amount of $20,000. Then the Company, in addition to the amount paid under Section 3(a)2(ii), shall, on or before November 30, 2000 pay to the City an amount in the sum of eighty thousand dollars ($80,000). Example # 2. Assume that in the Fourth Franchise Year the Company pays Actual Ad - Valorem Taxes due for the calendar year of 2001 in the amount of $158,462. The Company shall not owe to the City any additional sum of money, and the total franchise fee due for the Fourth Franchise Year shall consist of the amount paid under Section 3(a)2(ii). It is understood, agreed and affirmed that the foregoing provisions neither directly nor indirectly exempt the Company from its obligations to pay taxes, and are not intended to affect in any way any obligations of the Company with respect to the payment of taxes, which obligations shall be met in full. M 11662 E • 4. Fifth Franchise Year Through Tenth Franchise Year. Commencing on the first day of the Fifth Franchise Year and each and every month thereafter until sixty (60) days after the expiration of the Tenth Franchise Year, the Company shall pay franchise fees in the amount of two (2%) percent of Gross Revenues for the monthly billing period of the Company ending sixty (60) days prior to each such monthly payment. 5. Eleventh Franchise Year Through Fifteenth Franchise Year. Commencing on the first day of the Eleventh Franchise Year and each and every month thereafter until sixty (60) days after the expiration of the Fifteenth Franchise Year, the Company shall pay franchise fees in the amount of three (3%) percent of Gross Revenues for the monthly billing period of the Company ending sixty (60) days prior to each such monthly payment. 6. Sixteenth Franchise Year Through Thirty Seventh Franchise Year. Commencing on the first day of the Sixteenth Franchise Year and each and every month thereafter until sixty (60) days after the expiration of the term of this Franchise Agreement, the Company shall pay franchise fees in the amount of four (4%) percent of Gross Revenues for the monthly billing period of the Company ending sixty (60) days prior to each such monthly payment. (b) Each monthly franchise fee payment shall be accompanied by a statement clearly showing the Gross Revenues from the Company certified by an official or representative of the Company having the requisite knowledge to produce such a statement. (c) If any franchise fee payment or recomputed amount is not made on or before the applicable dates specified above, interest shall be charged from the date due at the annual rate of 2% over Prime Rate (as published in the Wall Street Journal) computed daily. Section 4. Term of Franchise. The franchise and the rights, privileges and authority granted hereunder shall take effect commencing on the Effective Date of this Franchise Agreement and shall continue in force and effect for a term of thirty seven (37) years. 5 11662 9 0. Section 5. Assignment and Transfer. No sale, assignment, or transfer of the privileges granted under this Franchise Agreement or sale, or lease of the System Facilities or any portion, thereof shall be effective unless the Company shall have filed written notice thereof with the City Clerk, at least sixty (60) days prior to the scheduled date of such sale, assignment, or transfer, and unless, subsequent to the filing of such notice, the City Commission shall have by Ordinance approved and consented to such sale, assignment or transfer, which consent shall not be unreasonably withheld; and provided, however, the Company may sell, transfer or assign this Franchise Agreement to its parent, or to any subsidiary or affiliate without the consent of the City Commission. Section 6. Use of Public Ways. (a) Interference with Persons, Improvements, Public and Private Utilities. The System Facilities shall be located and maintained so as: (i) not to endanger or interfere with the health or safety of persons; (ii) not to unreasonably interfere with the free and proper use of the Public Ways. (b) Existing Utilities. Prior to construction, the Company shall contact any company or person which has gas, electric, water, cable, telephone, or other utilities located within the construction area of the Franchise Area and shall be responsible for any relocation or adjustment costs of such facilities as may be required for the construction of the System Facilities. (c) Location and Manner of Construction of the System Facilities. The location and manner of construction of the System Facilities shall be established and all construction work in connection therewith shall be permitted under such reasonable rules and regulations which the City Manager or his designee may prescribe pursuant to Section 337.401, Florida Statutes and in accordance with all applicable provisions of the Charter and Code of the City of Miami, including without 6 11662 limitation the provisions of Section 54, during the term hereof. Such rules or regulations, however, shall not prohibit the exercise of the Company's right to use the Public Ways. (d) Restoration of Public Ways. In case any portion of the Public Ways is excavated by the Company or otherwise disturbed, the Company shall, at its own cost and in a manner approved by the City Manager or his designee, replace and restore the portion of the Public Way so excavated or disturbed, in as good condition as before the work was commenced and in a skillful, timely manner in accordance with the standards for this work set by the City. (e) Nothing in this Section shall be construed to make the City liable to the Company for any cost or expense in connection with the construction, reconstruction or relocation of the System Facilities in the Public Ways made necessary by widening, paving, storm drainage or otherwise improving Public Ways (the "Sidewalk or Street Improvement"), except that the Company shall be entitled to reimbursement of such costs and expenses from funds available from sources other than the City as may be provided by law. However, prior to the design of the Sidewalk or Street Improvement, the City shall meet with the Company to determine in good faith whether such cost and expense to the Company can reasonably be minimized. Section 7. Removal of System Facilities; City's Right to Purchase. At the expiration of the term of this Franchise Agreement, or upon its termination as provided for in Section 9 hereof, the Company shall, immediately, if necessary and upon written notice by the City, remove at its own expense all System Facilities within the Franchise Area, and repair and restore the surface of the Public Ways to its original condition. The City reserves the right to purchase the System Facilities, or any portion thereof The purchase price to be paid to the Company for the System Facilities shall be based upon the cost of reproduction at the time of such purchase by the City, less depreciation to the date of such purchase, plus severance costs and going concern value. Nothing shall require the City to exercise either of these options. 7 11662 • Section 8. Records. (a) The City shall have the right, upon reasonable notice to the Company and at reasonable times, hours, dates and frequencies, to inspect all or any part of the Company's records and documents in connection with the calculation of franchise fees due under this Franchise Agreement. (b) Within 120 days of the end of each Franchise Year, the Company shall prepare and file with the City an annual audited report prepared by the Company of Gross Revenues. (c) The City shall have the right, at its discretion, to direct an audit of the Gross Revenues. If the audit determines that the financial report of the Company regarding matters set forth in subsection (b) of this Section is in error by a margin of 5% or more, the cost of the audit shall be borne by the Company. Provided, however that this audit shall not be performed on a contingency fee basis. Section 9. Forfeiture or Termination of the Franchise. (a) Failure on the part of the Company to comply in any substantial respect with any of the provisions of this Franchise Agreement shall be grounds for forfeiture of this franchise and the privileges granted hereunder, but no such forfeiture shall take effect if the reasonableness or propriety thereof is disputed by the Company until a court of competent jurisdiction (with right of appeal in either party) shall have found that the Company has failed to comply in a substantial respect with any of the provisions of this Franchise Agreement. (b) A substantial breach by the Company shall include, but not be limited to: (i) failure to make timely payments to the City of the franchise fees, which failure is not cured within thirty (30) days from notice of such violation; (ii) failure of the Company to derive Gross Revenues upon which the City can receive franchise fees for a period of five (5) consecutive Franchise Years, excluding the first four Franchise Years; and (iii) violations of any other material provision of this Franchise Agreement or any material rule, order, regulation of the City applicable to the Company's construction, maintenance and operation of the System Facilities, which violation by the Company continues for a period of thirty (30) days following written demand by the City, and there is no written proof that corrective action has been 11662 taken or is being actively and expeditiously pursued; provided, however, that as to the violations described in (ii) (Ili) of this Section 9, the foregoing shall not constitute a substantial breach if the violation occurs but is without fault of the Company, or if it occurs as a result of circumstances beyond its direct control such as war, civil disturbance, natural catastrophe and other acts of God. Section 10. Police Powers. In accepting this Franchise Agreement, the Company acknowledges that its rights under this Franchise Agreement are subject to the police powers of the City, the state, Miami -Dade County and .the federal government to adopt and enforce laws, rules and regulations and general ordinances necessary to the safety and welfare of the public, (the "Police Powers"), and agrees to comply with all applicable laws, rules and regulations and ordinances enacted by the City, the state, Miami -Dade County and the federal government pursuant to the Police Power. The City acknowledges that the Company by recognizing the existence of the Police Powers does not waive any defense or right that the Company may have with respect to the exercise of the Police Powers. Section II. Interdependent Provisions. The provisions of this Franchise Agreement are interdependent upon one another, and if any of the provisions are found or adjudged to be invalid, illegal, void or of no effect, the entire Franchise Agreement shall be null and void and of no force or effect; provided however, that in the event that this Franchise Agreement is declared null and void as provided for herein, the City shall nevertheless be entitled to receive payment of the pro-rata payment of franchise fees due and payable for that Franchise Year in which such termination occurs. Section 12. Non Compete; Other City Agreements. A) As a further consideration, during the term of this Franchise Agreement, or any extension thereof, the City agrees not to engage in the business of distributing and selling chilled water, steam or related services in competition with the Company, its successors or assigns; provided, however, that the City is not prohibited or precluded from installing, operating and maintaining chilled water or steam 9 11662 distribution system within the City, including the Public Ways within the Franchise Area for purposes of servicing City owned or operated facilities. B) As a further consideration, during the term of this Franchise Agreement, or any extension thereof, the City agrees that in the event that the City awards a franchise agreement to install, operate and maintain a chilled water or steam distribution system within the Public Ways within the Franchise Area ("Other City Agreements") which contains a provision for the payment to the City of franchise fees in amounts less than the amounts provided for under Section 3 of this Agreement, the Company shall be entitled to benefit from such more favorable payment term and the City agrees to amend this Franchise Agreement to incorporate a similar payment schedule; provided, however, that the terms of this Subsection B of Section 12 shall not apply to Other City Agreements entered into with Miami -Dade County, the federal government or any other governmental agency. Section 13. Insurance. (a) Prior to the commencement of construction, but in no event later than sixty (60) days after the effective date of this Franchise Agreement and thereafter continuously throughout the term of this Franchise Agreement the Company shall furnish to the City certificates of insurance, approved by the City Manager, for all types of insurance required under this Section. (b) Commercial General Liability insurance on a comprehensive general liability coverage form, or its equivalent, the limits of which shall not be less than Two Million Dollars ($2,000,000) per occurrence combined single limit for bodily injury and property damage, including, but not limited to , contractual liability, products and completed operations, personal injury, and premises and operations coverage against all claims, demands or actions, bodily injury, personal injury, death or property damage occurring within the Franchise Area. The City shall be named as an Additional Insured on such policy of insurance. (c) Pollution/Environmental Impairment Liability insurance coverage on an occurrence basis with limits of One Million Dollars ($1,000,000) per occurrence, providing coverage for 10 11662 the damage caused by spillage of any hazardous substances, whether those substances are solid, liquid or gaseous. Said policy of insurance shall also provide coverage for the cost of cleanup of the affected area and for the removal, transportation and safe disposal of any contaminated area. The City shall be named as an Additional Insured on such policy of insurance. (d) Workers' Compensation insurance in the amounts and types required by Chapter 440, Florida Statutes. (e) All policies of insurance required to be provided and obtained shall provide that they shall not be amended or canceled on less than Thirty (30) days prior written notice to the City and shall be written by companies authorized to do business in the State of Florida and of recognized solvency and responsibility reasonably acceptable to the City. (f) In the event the Company is self -insured, it shall provide the City with a copy of the Certificate of Self -Insurance, or evidence thereof. (g) The City reserves the right to reasonably amend the herein insurance requirements by the issuance of a notice in writing to the Company. Section 14. Indemnification. The Company as additional consideration for the privilege and rights granted under this Franchise Agreement shall, at its sole cost, fully indemnify, hold harmless and defend the City, its officers, agents, commissioners, and employees against and assume all liability for, any and all claims, suits, actions, damages, liabilities, expenditures, or causes of actions of any kind, including regulatory actions or claims pertaining to violations of environmental regulations or laws, arising from or in connection with this Franchise Agreement, including but not limited to the construction, operation and maintenance of the System Facilities or the use of the Public Ways and resulting or accruing from any negligence, act, omission or error of the Company, its agents, or employees and/or arising from the failure of the Company, its agents or employees to comply with each and every covenant of this Franchise Agreement or with any law, ordinance or rules or regulations pertaining to the use of the Public Ways resulting in or relating to: 11 11662 (i) bodily injury; (ii) loss of life or limb; (iii) damage to property sustained by any firm, person, corporation or business entity; (iv) contamination of the environment by any material or substance deemed to be a hazardous material or substance under applicable local, state or federal law. The Company shall save the City, its officers, agents, commissioners, and employees harmless from and against all judgments, orders, decrees, attorney's fees, costs, expenses and liabilities incurred in and about any such claim, investigation or defense thereof, which may be entered, incurred or assessed as a result of the foregoing. The Company shall defend, at its sole cost and expense any such legal action, claim or proceeding instituted by any person or firm or corporation or business entity against the City, its officers, agents, commissioners and employees. Section 15. Venue. If legal action is necessary to enforce the terms of this Franchise Agreement exclusive venue shall lie in Miami -Dade County Florida. Section 16. Law Governs. In any controversy or dispute under this Franchise Agreement, the law of the State of Florida shall apply without regard to conflict of laws provisions. Section 17. Compliance With Laws. The Company accepts this Franchise Agreement and hereby acknowledges that Company's compliance with all applicable federal, state and local laws, ordinances and regulations is a condition of this Franchise Agreement. Section 18. Notices. All notices or other communications which may be given pursuant to this Franchise Agreement shall be in writing and shall be deemed properly served if delivered by personal service or by certified mail 12 11662 • .7 addressed to City and the Company at the address indicated herein or as the same may be changed from time to time. Such notice shall be deemed given on the day on which personally served; or if by certified mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier: CITY OF MIAMI City of Miami City Manager Office of the City Manager 444 SW 2 Avenue, 10t' Floor Miami, FL 33130 Section 19. Failure of City to Enforce; No Waiver. COMPANY Attn. General Manager FPL Energy Services, Inc. 11770 U.S. Highway One Suite 500 North Palm Beach, F133408 The Company shall not be excused from complying with any of the terms and conditions of this Franchise Agreement by any failure of the City upon any one or more occasions to insist upon or to seek compliance with any such term or conditions. In addition to all remedies provided for under this Franchise Agreement, the City shall have the right to apply to any court of competent jurisdiction to secure judicial relief as it shall deem proper. The City's costs and attorney's fees for such action shall be paid by the Company if a judgment or other relief is obtained. 13 11662 • IN WITNESS WHEREOF, the parties have caused this Franchise Agreement to be executed by . their duly authorized officers or representatives, effective as of the date first above written. ATTEST: CITY OF MIAMI, a municipal corporation of the State of Florida By: Walter J. Foeman, City Clerk WITNESS: Signature Print Name Signature Print Name (CORP. SEAL) APPROVED AS TO INSURANCE REQUIREMENTS: Jose Garcia -Pedrosa, City Manager COMPANY: FPL ENERGY SERVICES, INC. Larry J. Laster, President Print Name Print Title APPROVED AS TO FORM AND CORRECTNESS: Mario Soldevilla Alejandro Vilarello Division of Risk Management City Attorney 14 11662 E 0 SERVICE AREA EXHIBIT "A" The service area for purposes of this Franchise Agreement shall be defined as follows: DOWNTOWN Area bounded by Interstate I-95, N. E. and N. W. 20 Street, Biscayne Bay and the Miami River. BRICKELL Area bounded by Interstate I-95, the Miami River, Biscayne Bay and S. E. 25 Road. CIVIC CENTER COMPLEX Area bounded by N. W. 14 Avenue, N. W. 20 Street, Interstate I-95 and N. W. 11 Street. 15 11662 TO FROM • CITY OF MIAMI, FLORIDA 0 48 INTER -OFFICE MEMORANDUM Honorable Mayor and Members DATE : May 26, 1998 of the City Commission SUBJECT: Emergency Ordinance for Non-exclusive Franchise with FPL Energy Services, REFERENCES: Inc. Jose Garcia -Pedrosa ENCLOSURES: City Manager RECOMMENDATION: FILE : It is respectfully recommended that the City Commission adopt the attached Emergency Ordinance approving the attached franchise agreement between the City of Miami and FPL Energy Services, Inc., granting a 37-year non-exclusive franchise for the construction, operation and maintenance of a chilled water distribution system in the public rights of way of the service area specifically described in Exhibit "A". BACKGROUND: FPL Energy Services, Inc. is proposing to install a chilled water distribution system in areas of downtown Miami, the Brickell area, and the Civic Center Complex. This system will provide energy efficient heating and cooling service for existing and future large scale developments, both public and private, within this service area. Ongoing and future developments, such as the new American Airlines Arena and the Performing Arts Center, are typical projects to benefit from this type of system. In order to authorize and permit this activity to be implemented by a single private entity over an extended period of time, it is recommended that the City enter into a franchise agreement. FPL Energy Services, Inc. has agreed to this arrangement and is willing to enter into a non-exclusive franchise agreement for the construction, operation and maintenance of the chilled water distribution system. Major provisions of this agreement include the following: A percentage of gross revenues paid to the City over the 37-year term of the agreement based on the following schedule: YEARS PERCENT OF GROSS REVENUES 1-4 1 % 5-10 2% 11-15 3% 16-37 4% 11662 Honorable Mayor and Members of the City Commission Page two • A guaranteed minimum franchise fee payment of $150,000 to be paid on September 30, 1998; • A guaranteed minimum franchise fee payment of $200,000 in franchise year 2, due on September 30, 1999, and • The greater of one percent (1%) of gross revenues or a minimum of $100,000 in franchise fees payable by September 30th in franchise years 3 and 4 (FY 99-2000 through FY 2000-2001). An additional guaranteed minimum of $100,000 will be paid for franchise years 3 and 4 to the extent that the property's ad -valorem tax payments do not total $100,000 in years 3 and 4. • A no competition clause by the City. • An indemnification section. • Re -negotiations of the franchise agreement in the event that the City enters into a franchise agreement with another provider and that agreement contains terms and conditions more favorable than those negotiated with FPL Energy Services, Inc. . Exhibit "B" contains comparative information on revenues and terms of agreement of chilled water systems installed in other localities. In summary, very few cities received advanced guaranteed revenues and none received funds in excess of $100,000. The City will receive guaranteed revenues of $750,000 over the next four years. Additionally, the percentage of gross receipts to be received by the City compares favorably with other cities surveyed. Attached to this memorandum is a payment schedule presented by FPL Energy Services, Inc. (Exhibit "C"), estimating the revenues to be received by the City from chilled water cooling service sales and property tax receipts. The projected total revenue based payments to the City total $29.9 million (net present value of $8.3 million) in addition to $7.4 million in estimated ad -valorem taxes to be paid to the City over the 37 year term of the agreement. Also attached in Exhibit "Y is a listing of the officers and directors of FPL Energy Services, Inc. While most of the infrastructure of the system will be installed underground within the public right-of-way, an energy plant will be necessary in order to generate the chilled water for delivery within the system. It is anticipated that a plant to serve the downtown service area would very likely contain about 30,000 square feet of space. This would include a footprint of approximately 20,000 square feet with an additional 10,000 square feet as a second story. It would be located within an appropriately zoned district and have a service radius of approximately one (1) mile. This ordinance is being presented as an emergency due to FPL Energy Services' need to complete contracts with potential customers by a final date of June 15, 1998. Failure to meet this scheduled date will result in the loss of major sales contracts for FPL Energy Services which would equate to a loss in recurring revenues to the City. JGP:JJK 11662 EXHIBIT "A" SERVICE AREA The service area for purposes of this Franchise Agreement shall be defined as follows: DOWNTOWN Area bounded by Interstate I-95, N. E. and N. W. 20 Street, Biscayne Bay and the Miami River. BRICKELL Area bounded by Interstate I-95, the Miami River, Biscayne Bay and S. E. 25 Road. CIVIC CENTER COMPLEX Area bounded by N. W. 14 Avenue, N. W. 20 Street, Interstate I-95 and N. W. 11 Street. 11662 "oil 00 0 V) 0 M X fu V w cD z CE U Im" EXHIBIT "Bo. FRANCHISE AGREEMENTS FOR COOLMq SERVICES IN U. S. CITIES CITY FRANCHISE TERMS OF FEE AGREEMENT Atlantic city, to None Right-of-way owned by casino Industry San Diego, CA 3% of gross revenue 50-year franchise agreement Denver, co 3'r of g^oss revenue Runs concurrent with utility franchise Chicago, IL 2% of gross revenue 20- Y..a ar franchise with incremental Increases Up to 4% Hartford, CN None Whelly owned by utility Orlando, FL 1.5% of gross revenue . Agreement In progress has been proposed Cincinnati, off 40A of gross revenue 1-year minimum payment of $100, 000 INFORMATION BELOW NOT VERIFIED Pittsburgh, PA None state regulated Cleveland, OH S50,OOOlyear Omaha, NE $100,0001year Subway use fee based on size of piping EXCL USNE/ NON-EXCLUSIVE NIA Exclusive Non-exclusive Exclusive T.B.D, Exclusive Exclusive 0 M 0 r�> G 'i1 00 21 c» 1-4 -J-, ro V W C-n Q Z rs N V Page two EXHIBIT "B" FRANCHISE AGREEMENTS FOR COOLING SERVICES IN U. S. CITIES FRANCHISE TERMS OF CITY FEE AGREEMENT Indlanapolis, I.V St. Paul, MN Minneapotfs, mm Baltimore, MD INFORMATION BELOW NOT VERIFIED 4. u�"of gross receipts 3.2% of gross recelats None Fees based on piping size EXCLUSIVE/ NON-EXCLUSIVE Exclusive EXClusfve Non-eXc usive i • Sheet2 • Exhibit "C" FPL Energy Services, Inc. District Cooling Service j � I Estimated Taxes and Payments to the City of Miami 1% years 1-4, 2% years 5-10, 3% years 11-15, 4% years 16-37 (Guaranteed payments Years 1-4) Downtown Area Brickell Area Civic Center Area Total Estimated I Estimated Estimated Estimated Estimated Ad -Valorem Revenue Based Revenue Based Revenue Based Revenue Based Year Taxes Payment Payment Payment Payments 1998 $ $ 25,000 $ 25,000 $ 25,000 $ 150,000 $150,000 Guaranteed 1999 $ - $ 7,500 $ - $ - $ 200,000 $200,000 Guaranteed 2000 $ 139,231 $ 15,000 $ - $ - $ 200,000 $200,000 Guaranteed 2001 $ 158,462 $ 28,000 $ 15,000 $ 15,000 $ 200,000 $200,000 Guaranteed 2002 $ 177,694 $ 90,000 $ 56,000 $ 56,000 $ 202,000 2003 $ 196,925 $ 120,000 $ 90,000 $ 90,000 $ 300,000 2064 $ 216,156 $ 123,600 $ 92,700 $ 92,700 $ 309,000 2005 $ 216,351 $ 127,308 $ 95,481 $ 95,481 $ 318,270 2006 $ 216,351 $ 131,127 $ 98,345 $ 98,345 $ 327,818 2007 $ 216,351 $ 135,061 $ 101,296 $ 101,296 $ 337,653 2008 $ 216,351 $ 208,669 $ 156,502 $ 156,502 $ 521,673 2009 $ 216,351 $ 214,929 .$ 161,197 $ 161,197 $ 537,324 i 2010 $ 216,351 $ 221,377 $ 166,033 $ 166,033 $ 553,443 2011 $ 216,351 $ 228,019 $ 171,014 $ 171,014 $ 570,047 2012 $ 216,351 $ 234,859 $ 176,144 $ 176,144 $ 587,148 2013 $ 216,351 $ 322,459 $ 241,844 $ 241,844 $ 806,148 2014 $ 216,351 $ 332,133 $ 249,100 $ 249,100 $ 830,333 2015 $ 216,351 $ 342,097 $ 256,573 $ 256,573 $ 855,243 2016 $ 216,351 $ 352,360 $ 264,270 $ 264,270 $ 880,900 2017 $ 216,351 $ 362,931 $ 272,198 $ 272,198 $ 907,327 2018 $ 216,351 $ 373,819 $ 280,364 $ 280,364 $ 934,547 2019 $ 216,351 $ 385,033 $ 288,775 $ 288,775 $ 962,583 2020 $ 216,351 $ 396,584 $ 297,438 $ 297,438 $ 991,461 2021 $ 216,351 $ 408,482 $ 306,361 $ 306,361 $ 1,021,204 2022 $ 216,351 $ 420,736 $ 315,552 $ 315,552 $ 1,051,841 2023 $ 216,351 $ 433,358 $ 325,019 $ 325,019 $ 1,083,396 2024 $ 216,351 $ 446,359 $ 334,769 $ 334,769 $ 1,115,898 2025 $ 216,351 $ 459,750 $ 344,812 $ 344,812 $ 1,149,375 2026 $ 216,351 $ 473,542 $ 355,157 $ 355,157 $ 1,183,856 2027 $ 216,351 $ 487,749 $ 365,811 $ 365,811 $ 1,219,372 2028 $ 216,351 $ 502,381 $ 376,786 $ 376,786 $ 1,255,953 2029 $ 216,351 $ 517,453 $ 388,089 $ 388,089 $ 1,293,631 2030 $ 216,351 $ 532,976 $ 399,732 $ 399,732 $ 1,332,440 2031 $ 216,351 $ 548,965 $ 411,724 $ 411,724 $ 1,372,413 2032 $ 216,351 $ 565,434 $ 424,076 $ 424,076 $ 1,413,586 2033 $ 216,351 $ 582,397 $ 436,798 $ 436,798 $ 1,455,993 2034 $ 216,351 $ 599,869 $ 449,902 $ 449,902 $ 1,499,673 Total $ 7,378,998 $ 11,757,319 $ 8,789,864 $ 8,789,864 $ 29,931,547 Total Present Value of Payments $8,345,035 1- Except for the guaranteed minimum payments per the Franchise Agreement, the taxes and revenues are not guaranteed. They are estimates and are subject to actual revenues and property assessments 2- Estimated initial investment of $10 million with an additional $8 million over the next five years (subject to actual capital) . 3- Taxes based on current City of Miami millage (.0120195 mills) 4- Although all of these are projections, the Civic Center area is mostly government owned, thus more difficult than the rest to estimate the revenue. I Page 1 11662 ®� W Exhibit "D" FPL ENERGY SERVICES, INC. May 15, 1998 City.of Miami Mr. Jose Garcia - Pedrosa City Manager 3500 Pan American Dr. Miami FL, 33133 Dear Mr. Garcia - Pedrosa 11770 U.S. Highway One Golden Bear Plaza, Suite 500 North Palm Beach, FL 33408-3013 FPL Energy Services, Inc. , FEI # 65-0064000 is a wholly owned subsidiary of Florida Power & Light Co. The officers and directors of FPL Energy Services, Inc. are as follows; President and Director Treasure Secretary Director Director Director Larry J. Laseter Dilek L. Samil Dennis P. Coyle William W. Hamilton Michael W. Yackira Paul J. Evanson The officers and directors of FPL Group, Inc. and its subsidiary Florida Power & Light Co. are located on the last page of the attached 1997 annual report for FPL Group, Inc. , Sincerely, Joseph C. Berardinelli Controller 11662 @AIJ Of (7ffltamtole WALTER J. FOEMAN City Clerk June 22, 1998 Evelyn Jefferson Municipal Code Corp. P.O. Box 2235 Tallahassee, FL 32316 Dear Ms. Jefferson: City Manager 0 Enclosed herewith please find a copy of the following Ordinances which amend the Code of the City of Miami, Florida: 11657 qO 6`6`2 11663 If I can be of any further assistance, please do not hesitate to call. Yours truly - E vi Gallastegui-Alonso Deputy City Clerk Enc. OFFICE OF THE CITY CLERK/ 3500 Pan American Drive/P.O. Box 330708/Miami, FL 33233/(305) 250-5360/FAX: (305) 858-1610 Ij of 'ffliarai** WALTER 1. FOEMAN City Clerk June 22, 1998 Rosemary Ricotta Office of the State Attorney 13 51 , Northwest 12'h Avenue Miami, FL 33136-2111 Dear Ms. Ricotta: City Manager i Enclosed herewith please find a copy of the following Ordinances which amend the Code of the City of Miami, Florida: 11657 llr_62 11663 Please acknowledge receipt of same by affixing your signature to the enclosed copy of this letter, and returning it to this office for our files. Thank you. Very truly yours, Walter J. Foeman City Cler By: Deputy City Clerk RECEIVED BY: DATE: Enc. OFFICE OF THE CITY CLERK/ 3500 Pan American Drive/P.O. Box 330708/Miami, FL 33233/(305) 250-5360/FAX: (305) 858-1610 a Mtn n# 'fflittmo• WALTER 1. FOEMAN City Clerk June 22, 1998 Isel Fernandez Maldonado Court Operations Officer 1351 Northwest 1211 Street Room 8100 (8`" Floor) Miami, FL 33125 Dear Ms. Maldonado: City Manager I Enclosed herewith please find a copy of the following Ordinances which amend the Code of the City of Miami, Florida: 11657 �11-6:62 11663 Please acknowledge receipt of same by affixing your signature to the enclosed copy of this letter, and returning it to this office for our files. Thank you. Very truly yours, Walter J. Foemam City Cl By: Deputy City Clerk RECEIVED BY: DATE: Enc. OFFICE OF THE CITY CLERK/ 3500 Pan American Drive/P.O. Box 330708/Miami, FL 33233/(305) 250-5360/FAX: (305) 858-1610 A • MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she is the Supervisor, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF MIAMI ORDINANCE NO. 11662 in the ...................... Y-XXXXXX................................ Court, was published in said newspaper in the issues of Jun 3, 1998 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, fi or corporation any discoun ebate, commission and fo the purpose of securi _ this advertiseme blicati in the said to and (SEAL) Octelma V. Ferbeyre me this 98 A.D. FNEICIAL NLLERENAOTARY � 'VknPUB ATT 0 COMMIS910N NUMBER . Q CC566004 My COMMISSION EXPIRES OF F'0 _JUNE 23,2000__ ■ ■: ■ yr n■■wv■■� ... LEGAL, NOTICE All interested persons will take notice that on the 26th day of May 1998 the City Commission of Miami, Florida adopted the following titled ordinances: ORDINANCE NO. 11655 AN EMERGENCY, ORDINANCE. ESTABLISHING A NEW. SPECIAL REVENUE FUND ENTITLED:"1997 SUPER NOFA. SUPPORTIVE SERVICES GRANT" TO PROVIDE OUT- REACH, INFORMATION, REFERRAL, ASSESSMENT AND . PLACEMENT SERVICES TO HOMELESS INDIVIDUALS, AND APPROPRIATING AN AMOUNT OF`;$2241811-.00 CON, SISTING . OF ..A GRANT. FROM THE UNITED. STATES DEPARTMENT OF.HOUSING AND'URBAN DEVELOPMENT ("US HUD") THROUGH THE MIAMI-DALE. COUNTY HOME- I LESS TRUST ("TRUST'), AN AGI !C -OF MIAMI DADE j COUNTY; AUTHORIZING THE CITY MANGER T© C7. ,COUNTY; SAID GRANT AND TO EXECUTE �E_NECESSARY DOCUMENT(S), IN A FORM ACCEF,f�PEErTO•THE=CITY ATTORNEY, FOR.THIS PURPOSE;tONIfOMNG A�R€PE- ALER PROVISION AND A SEVERABILITTYt CLAUSE. j ORDINANCE NO. 11.556 j 0- AN ORDINANCE ESTABLISHING A -SFE0 AL RE NUE FUND ENTITLED: "SOUTH FLORID, LIAN S RCH AND RESCUE FL-TF2`-FOR THE PURPOS OF I'iEEEIV- ING AND DISBURSING FUNDS TO BE PA107TO TFRE-OCITY 'BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY, (" FEMA") AND/OR THE STATE OF FLORIDA ("STATE") AS REIMBURSEMENTS FOR ACTIVITIES `UNDERTAKEN BY THE -CITY PURSUANT TO THE TERMS` OF;,THE' MEMO- RANDUM OF AGREEMENT, ENTERED INTO BY AND BE- TWEEN THE CITY, THE.: STATE AND. FEMA, UNDER'.. .WHICH THE CITY RECRUITS, AND SPONSORS AN. UR; BAN SEARCH AND RESCUE TASK' FORCE; AND AP'-' PROPRIATING FUNDS THEREFORE, IN THE AMOUNT OF $1',032,154, FOR THE OPERATION OF- SAME;.CONTAIN- ING A REPEALER PROVISION -AND N. SEVERABILITY" CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. 11657 AN ORDINANCE. AMENDING SECTION 18-84 OF. THE CODE OF,THE CITY OF MIAMI, FLORID,„AS AMENDED, ENTITLED "EMERGENCY PURCHASES", THEREBY AUTH- ORIZING THE CITY MANAGER TO EXPEND UP TO ONE . 'HUNDRED FIFTY THOUSAND'DOLLARS ($150,000) FOR PURCHASES OF GOODS AND/OR SERVICES REQUIRED PURSUANT -TO AN ACTIVATION OF THE URBAN SEARCH AND RESCUE TASK -FORCE, PURSUANT TO THE,TERMS` . ,OF THE'MEMORANDUM OF UNDERSTANDING, ENTERED INTO BY AND BETWEEN THE CITY OF MIAMI; THE STATE OF FLORIDA AND THE FEDERAL EMERGENCY MANAGE- MENT AGENCY, AND TO WAIVE COMPETITIVE BIDDING ;: METHODS IN3 CONNECTION WITH SUCH PURCHASES;-.. CONTAINING .A' REPEALER PROVISION. ANDA SEVER- ABILITY CLAUSE. ORDINANCE NO. 11658 AN-DRDINANCE ESTABLISHING ANEW SPECIAL' RE- VENUE FUND ENTITLED: "MIAMI-DADE COUNTY EMS GRANT AWARD (FY97-98); AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN THE TOTAL AMOUNT' , OF $148,902.00, CONSISTING OF A $129,902.00 `GRANT APPORTIONED BY MIAMI-DADE COUNTY FROM' THE .STATE OF FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES "GRANT PROGRAM. FOR COUNTIES% AND $19,000.00 .IN' CARRY-OVER FUND BALANCE FROM PREVIOUS EMS GRANT AWARDS; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO,THE CITY ATTORNEY, FOR SAID PURPOSE; CONTAINING A REPE- ALER PROVISION AND -A SEVERABILITY CLAUSE. 0 . 0 r - ORDINANCE N0. 11659 :? i -AN ORDINANCE ESTABLISHING INITIAL RESOURCES AND'APPROPRIATIONS FOR A NEW SPECIAL REVENUE ;FUND ENTITLED; -EAST LITTLE HAVANA. MINORITY` i YOUTH DIVERSION PROGRAM', IN THE AMOUNT OF $82,924.00, CONSISTING OF A GRANT, IN THE AMOUNT ` OF $70,000.00 FROM. THE FLORIDA DEPARTMENT OF. C. :JUVENILE JUSTICE AND, AN IN -KIND SERVICES -MATCH ~ EQUAL TO $12,924.00, .TO BE PROVIDED BY- THE DEP- ARTMENT OF POLICE; 'AUTHORIZING THE CITY MANA- GER TO ACCEPT SAID GRANT, AND TO EXECUTE THE . NECESSARY DOCUMENT(S), IN A FORM -ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT ACCEPTANCE: 'I OF SAID GRANT; CONTAINING A REPEALER PROVISION 'AND A SEVERABILITY CLAUSE. ORDINANCE NO, 11660 1 AN ORDINANCE AMENDING, ORDINANCE 11332 ADOPT ED JANUARY 25TH 1996, WHICH ESTABLISHED, INITIAL .: RESOURCES AND APPROPRIATIONS, FOR ,A SPECIAL, REVENUE FUND ENTITLED "GANG RESISTANCE EDUCA �. 'TION AND TRAINING," .BY INCREASING SAID. APPRO- PRIATIONS,,INjHE AMOUNT OF $85,000, CONSISTING' OF A GRANT FROM THE BUREAU OF ALCOHOL TOBAC CO AND FIREARMS;.AUTHORIZING THE CITY+MANAGER' TO ACCEPT SAID , GRANT,- AND TO EXECUTE •THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABL•ETO THE CITY ATTORNEY,' FOR -THIS PURPOSE; CONTAIN- ING A REPEALER PROVISION AND 'SEVERABILITY CLAUSE. ORDINANCE NO.,11661 AN ORDINANCE ESTABLISHING A NEW SPECIAL'REVE- NUE FUND ENTITLED: "PROGRAMS FOR THE DEVELOP- MENTALLY 'DISABLED, 1998-1999" • APPROPRIATING i, FUNDS FOR ITS OPERATION IN THE ESTIMATED TOTAL t AMOUNT $317 818 . CONSISTING OF `A GRANT` ESTIM k ' t ATED AT $2Ri956 F..ROM THE STATE OF FLORIDA DEP" ARTMENT OF CHILDREN AND FAMILIES, AND ANOTHER a GRANT ESTIMATED AT $296,862 FROM THE STATE OF FLORIDA AGENCY FOR HEALTHCARE ADMINISTRATION,- MEDICAID PROGRAM DEVELOPMENT; CONTAINING' A ` REPEALER PROVISION AND A SEVERABILITY CLAUSE..; i ORDINANCE NO. 1 AN EMERGENCY ORDINANCE A ING THE FRAN- CHISE AGREEMENT ("AGREEMENT") ATTACHED HERE TO AS EXHIBIT "A" AND MADE PART HEREOF, BY AND BETWEEN THE CITY OF MIAMI AND FPL ENERGY SER- VICES, INC., ITS SUCCESSORS AND ASSIGNS,- GRANT- ING A THIRTY-SEVEN (37) YEAR" NONEXCLUSIVE FRAN CHISE FOR CONSTRUCTION, OPERATION AND MAINT -ENANCE.OF AN ENERGY EFFICIENT DISTRIBUTION SYS- �. TEM *IN THE PUBLIC RIGHTS -OF -WAY OF THE SERVICE '.AREA; SPECIFICALLY DESCRIBED AN THE ATTACHED AGREEMENT, FOR PURPOSES OF DELIVERING CHILLED WATER AND STEAM TO PUBLIC AND PRIVATE INSTITU- TIONS IN THE CITY OF'MIAMI; AUTHORIZING`-THE.CITY• MANAGER TO EXECUTE -THE AGREEMENT,'AS AMEND ED; CONTAINING A,REPEALER PROVISION _AND PROVID= .. ING FOR AN EFFECTIVE DATE AND EXPIRATION DATE. ,ORDINANCE NO. 11663 ' AN EMERGENCY ORDINANCE AUTHORIZING VALET PARKING ALONG THE CORAL, WAY CORRIDOR (SOUTH- WEST 22ND STREET, SOUTHWEST 3RD AVENUE AND SOUTHWEST/SOUTHEAST 13TH STREET) FROM SOUTH- WEST 37TH AVENUE TO.BRICKELL AVENUE; AS HEREIN SPECIFIED, SUBJECT TO ALL RULES, PROCEDURES, AND CRITERIA SET FORTH IN ARTICLE VIII OF CHAPTER 35 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, RELATING TO VALET PARKING; CONTAINING - A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. Said ordinances may be inspected by the public at the Office of the City Clerk, 3500 Pan American Drive, Miami; Florida; Monday through Friday, excluding holidays, between the hours of 8 a.m. and 5 p.m. Git1 OF � 4 °9Ofcf`o�`oa . (#4800) 6/3 WALTER J. FOEMAN ,CITY CLERK i > C 2> l �i 3