HomeMy WebLinkAboutPrevious Legislation FR/SR1-98-So9
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11662
ORDNANCE NO..
AN EMERGENCY ORD1 NAN CE APPROVING THE
FRANCHISE AGREEMENT (''AGREEMENT'), ATTACKED
HERETO AS E)G3I,B IT 'A" AND MADE A PART HEREOF, BY
AND BETWF-EN THE CITY OF M1AMI 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
ThT ATTACHED AGREEMENT, FOR PURPOSES OF
DELIVERING CHILLED WATER AND STEAM TO PUBLIC
AND PRIVATE INSTI'[tTIONS 1N 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 D ATE..
WHEREAS, FPS, Energy Services, Inc., a subiiditty 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 sad
cooling to existing and tunsrc developments, bath public and private; and
WHEREAS, in consideration of the right. privilege and franchise to construct said chilled
water and tteam distnbution 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
ATTACHMENT c��
tCONTAINID
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WHEREAS, projected revenues to the Ciry from the proposed Agreement are estimated up to
$37,310.545 oven• the next thirty-seven (37) years, which amount includes ad valorem taxes
estimated up to S7.499,193; and
WHEREAS, during the term of the Agreement, or any extension thereof, the City agrees
not to engage in the betaineSS 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 Ener8y
Services, Inc.. Its successors or assigns; and
WHEREAS. during the term of the Agreement. or any extension thereof, in the event that
the Ciry awarcL 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 franeh se 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; Lind
WHEREAS, the provision.* 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 I. .The recitals and findings contained in the Preamble to this Ordinance are
hereby adopted by reference thereto and incorporated heran as if fully set font in this Section.
Section 2. The proposed franchise agteei1 ens (the "Agreement') between the Ciry of
Miami and FEL Energy Services. Inc., its successors and assigns. granting a thirty-seven (37) year
nonexclusive firanchise for construction, operation and maintenance of an energy distribution
.2.
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system to deliver steam end 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 Agreerent is,
attached to this Ordinance, marked "Exhibit A", and is made a part of this Ordinance as though
fully at out Herein.
Section 3. Within ninety (90) days alter 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 41. 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 S. A!I 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 far 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.
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Section 2. This Ordinance sh*JJ become effective immediately upon its adoption.
PASSED AND ADOPTED BY TITLE ONLY this 26 stay of "y 1448.
ATTEST:
JOE CAROLLO, MAYOR
In tiCCOnitince with Miami Coc'e Soc. 2.36, sins the Mayor did not Indica%) oparnv.-1 of
thug Ioglslailan by signing 11 In tho declonated place provided. sad Ie i;lat
beams effective with the elapse of tan (10 day ram the . • 01 Commmiss'
regarding same, without the Mayor axe • leg
WALTER r. FOEMAN
crTY CLE K
MIT'TE:
TOR
PUBLIC WORKS D PARTMENT
PREPARED AND A BROVE0 BYY'
ruuz,Ci BRU
ASSISTANT CITY ATTORNEY
APPIO •A AND
COC
V1LA1 ELLO
cxr& ORNEY
494/JORtkd/asc
-4
Wall
ty Clerk
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