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Home My WebLink AboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #2686 Date: 07/18/2017 Commission Meeting Date: 07/27/2017 Type: Subject: Resolution Settlement - FPL Purpose of Item: Requesting Department: City Manager's Office Sponsored By: District Impacted: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ENTER INTO A SETTLEMENT AGREEMENT WITH FLORIDA POWER AND LIGHT (FPL) WITHOUT ADMISSION OF LIABILITY, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AGAINST THE CITY OF MIAMI IN THE PENDING LITIGATION 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; IN THE MATTER OF FLORIDA POWER & LIGHT COMPANY TURKEY POINT, UNITS 6 & 7, DOCKET NOS. 52-040 AND 52-041, BEFORE THE UNITED STATES NUCLEAR REGULATORY COMMISSION; AND IN RE: NUCLEAR COST RECOVERY CLAUSE, DOCKET NO. 160009, BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION, UPON THE EXECUTION OF A SETTLEMENT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; ALLOCATING FUNDS FROM THE GENERAL FUND. Background of Item: N/A Budget Impact Analysis Total Fiscal Impact: Reviewed B City Manager's Office Daniel J. Alfonso City Manager Review Completed Office of Management and Budget Christopher M Rose Budget Analyst Review Completed Legislative Division Valentin J Alvarez Legislative Division Review Completed Office of the City Attorney Valentin J Alvarez Deputy City Attorney Review Skipped Office of the City Attorney Victoria Mendez Approved Form and Correctness Completed Legislative Division Valentin J Alvarez Legislative Division Review Completed Office of the City Attorney Xavier Alban ACA Review Completed Office of the City Attorney Barnaby L. Min Deputy Attorney Review Completed Office of the City Attorney Victoria Mendez Approved Form and Correctness Completed City Commission Nicole Ewan Meeting Completed Office of the Mayor Mayor's Office Signed by the Mayor Completed Office of the City Clerk City Clerk's Office Signed and Attested by the City Clerk Completed 07/18/2017 9:59 PM 07/18/2017 10:03 PM 07/18/2017 10:04 PM 07/18/2017 10:00 PM 07/18/2017 10:42 PM 07/26/2017 9:54 AM 07/26/2017 2:25 PM 07/26/2017 4:48 PM 07/26/2017 4:53 PM 07/27/2017 9:00 AM 08/04/2017 5:15 PM 08/04/2017 6:01 PM Legislative Division Marta Gomez Legislative Division Review Completed 08/21/2017 3:54 PM Office of the City Attorney Xavier Alban ACA Review Completed 08/22/2017 10:10 AM Office of the City Attorney Barnaby L. Min Deputy Attorney Review Completed 08/22/2017 11:45 AM Office of the City Attorney Victoria Mendez Approved Form and Correctness with Modification(s) Completed City of Miami Legislation Resolution Enactment Number: R-17-0392 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 2686 Final Action Date:7/27/2017 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ENTER INTO A SETTLEMENT AGREEMENT WITH FLORIDA POWER & LIGHT COMPANY ("FPL"), WITHOUT ADMISSION OF LIABILITY, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS CONCERNING THE CITY OF MIAMI IN THE CASES OF MIAMI-DADE COUNTY, ET AL. V. FLORIDA POWER & LIGHT COMPANY, ET AL., NO. PA 03- 45A3, BEFORE THE FLORIDA GOVERNOR AND CABINET SITTING AS THE SITING BOARD; IN THE MATTER OF FLORIDA POWER & LIGHT COMPANY TURKEY POINT, UNITS 6 & 7, DOCKET NOS. 52-040 AND 52-041, BEFORE THE UNITED STATES NUCLEAR REGULATORY COMMISSION; AND IN RE: NUCLEAR COST RECOVERY CLAUSE, DOCKET NO. 20170009, BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION, UPON THE EXECUTION OF A SETTLEMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM; ALLOCATING FUNDS FROM THE GENERAL FUND; FURTHER AUTHORIZING THE CITY MANAGER TO BORROW FUNDS AND ISSUE DEBT NECESSARY TO MAKE ANY AND ALL PAYMENTS REQUIRED IN THE SETTLEMENT AGREEMENT. WHEREAS, the City of Miami ("City") is involved in the following suits with Florida Power & Light Company ("FPL"): Miami -Dade County, et al. v. Florida Power & Light Company, et al., No. PA 03-45A3, before the Florida Governor and Cabinet sitting as the Siting Board; In the Matter of Florida Power & Light Company Turkey Point, Units 6 & 7, Docket Nos. 52-040 and 52-041, before the United States Nuclear Regulatory Commission; and In Re: Nuclear Cost Recovery Clause, Docket No. 20170009, before the Florida Public Service Commission; and WHEREAS, the City intervened in FPL's Site Certification proceedings before the Florida Governor and Cabinet sitting as the Siting Board for the construction of two (2) new nuclear units, Units 6 and 7, and associated facilities at FPL's Turkey Point site; and WHEREAS, the City intervened in FPL's Combined Operating License application before the United States ("U.S.") Nuclear Regulatory Commission for the licensing and operation of two (2) new nuclear units, Units 6 and 7, and associated facilities at FPL's Turkey Point site; and WHEREAS, the City intervened in FPL's annual advanced cost recovery petitions and proceedings before the Florida Public Service Commission; and WHEREAS, as a condition precedent to the Settlement Agreement, the City and FPL entered into the Coconut Grove Injection Transmission Project Agreement in consideration of mutual promises and other good and valuable consideration including the undergrounding of an existing distribution feeder line in the "Three Block Area" by FPL at no cost to the City; and WHEREAS, FPL shall make good faith efforts to minimize harm to the "Underline Project" during the installation and maintenance of FPL's facilities and FPL shall further make good faith efforts to optimize opportunities for landscaping above buried lines and near new manholes and poles to minimize the impact of the new infrastructure; and WHEREAS, the City Attorney's Office has investigated these claims, lawsuits, and proceedings, and pursuant to Sections 18-221 through 18-232 of the Code of the City of Miami, Florida, as amended, and recommends that said claims, lawsuits, and proceedings be settled pursuant to the terms of the Settlement Agreement, attached and incorporated; 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 City Manager is authorized to enter into a Settlement Agreement, in substantially the attached form, with FPL, without admission of liability, in full and complete settlement of any and all claims concerning the City in the following cases: Miami -Dade County, et al. v. Florida Power & Light Company, et al., No. PA 03-45A3, before the Florida Governor and Cabinet sitting as the Siting Board; 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. 20170009, before the Florida Public Service Commission. Section 3. Funds are to be allocated from the General Fund. Section 4. The City Manager is further authorized' to borrow funds and issue debt necessary to make any and all payments required in the Settlement Agreement. Section 5. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: ndez, ity Attorney 7/18/2017 1 The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to, those prescribed by applicable City Charter and City Code provisions. 2 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.