HomeMy WebLinkAboutLegislationCity of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 16-01116 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION ACKNOWLEDGING THE CITY
MANAGER'S AUTHORITY TO ENTER INTO AN AGREEMENT WITH FLORIDA
POWER & LIGHT COMPANY ("FPL"), OR ASSIGNEE, TO CONDUCT AN
UNDERGROUND ENGINEERING STUDY FOR ATOTAL AMOUNT NOT TO
EXCEED OF $250,000.00, PURSUANT TO SECTION 18-72(B)(16) OF THE CODE
OF THE CITY OF MIAMI, AS AMENDED.
WHEREAS, the City of Miami ("City") is currently engaged in ongoing litigation in the cases of:
Miami -Dade County, et al, v. Florida Power & Light Company, et al., Case No. 3D14-1467, before the
Third District Court of Appeal; City of Miami v. State of Florida Department of Environmental
Protection, et al., Case No. 15-747, before the Division of Administrative Hearings; In the matter of
Florida Power & Light Company Turkey Point, Units 6 & 7, Docket Nos. 52-040 and 52-041, before the
U.S. Nuclear Regulatory Commission; and In re: Nuclear Cost Recovery Clause, Docket No. 160009,
before the Florida Public Service Commission; and
WHEREAS, expert related services to conduct an underground engineering study are required
in order to receive a binding engineering cost estimate from Florida Power & Light Company ("FPL")
for burying distribution and transmission lines in high load density areas; and
WHEREAS, pursuant to Section 18-72(b)(16) of the Code of the City of Miami, Florida, as
amended ("City Code"), the expert related services for the underground engineering study were
coordinated by and through the Office of the City Attorney and are excluded from the City of Miami
Procurement Ordinance; and
WHEREAS, FPL will reimburse the City a total of $250,000.00, if at the completion of the
underground engineering study, the City does not come to an agreement with FPL in relation to the
binding engineering cost estimate; and
WHEREAS, in funding the underground engineering study, the City shall not waive and, in all
respects, reserves any and all rights it may have to enforce and otherwise compel the terms and
conditions of the agreement the City executed with FPL during the proceedings concerning the
licensing of FPL's nuclear reactors No. 6 and No. 7 at Turkey Point and that FPL shall not commence
construction on any part of the associated distribution and transmission lines and/or facilities until and
unless FPL obtains the required permits and licenses to construct said reactors;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted
by reference and incorporated as if fully set forth in this Section.
Section 2. The Miami City Commission acknowledges the City Manager's authority to enter
into an agreement with FPL, or assignee, to conduct an underground engineering study for a total
City of Miami Page 1 of 2 File Id: 16-01116 (Version: 1) Printed On: 8/17/2016
File Number: 16-01116
amount not to exceed of $250,000.00, pursuant to Section 18-72(b)(16) of the City Code.
Section 3. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor. {1}
APPROVED AS TO FORM AND CORRECTNESS:
VITORIA1ENDEZ
CITY ATTORNEY
Footnotes:
{1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar
days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 2 File Id: 16-01116 (Version: 1) Printed On: 8/17/2016