HomeMy WebLinkAboutPre-LegislationopCity of Miami
1 i.RR cl
Legislation
alldl 1 l +
Resolution: R-17-0392
File Number: 2686
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
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
City of Miami Page 1 of 2 File ID: 2686 (Revision: 8) Printed On: 711112018
File ID: 2686 Enactment Number: R-17-0392
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:
1
Un ndez, City Kttor ey 10/2/2017
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.
City of Miami Page 2 of 2 File ID: 2686 (Revision: 8) Printed on: 7/11/2018