2006-052
RESOLUTION NO. 2006-52
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE AND OTHERWISE ENTER INTO
THAT CERTAIN SECOND INTERLOCAL AGREEMENT BY
AND BETWEEN THE CITY OF AVENTURA AND MIAMI-
DADE COUNTY RELATING TO FPL FRANCHISE FEES;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized on behalf of the City to
execute and otherwise enter into that certain agreement by and between the City of
Aventura and Miami-Dade County relating to FPL Franchise Fees.
Section 2. The City Manager is hereby authorized to do all things necessary
and expedient to carry out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon adoption.
The foregoing resolution was offered by Vice Mayor Weinberg, who moved its
adoption. The motion was seconded by Commissioner Joel, and upon being put to a
vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Harry Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Vice Mayor Luz Urbaez Weinberg
Mayor Susan Gottlieb
yes
yes
yes
yes
yes
yes
yes
Resolution No. 2006--.22
Page 2
PASSED AND ADOPTED this 1ih day of September, 2006.
~~.
USAN GOTTLIEB, MAYOR
APPROVED AS TO LEGAL SUFFICIENCY:
N1~~
CITY ATTORNEY
EMS/tms
ADDENDUM TO SECOND INTERLOCAL AGREEMENT
This Addendum to the Second Interlocal Agreement is made and entered into this
day of 2006, by and between Miami-Dade County, a political subdivision of the State of
Florida (the "County"), and the City of Aventura, a Florida municipality (the "City").
WHEREAS, County and City (collectively, the "Parties") have reviewed the Second
Interlocal Agreement entered into on June 17, 1997 and have agreed to amend it to state a
methodology to determine the amount of Franchise Fees paid by Florida Power and Light
Company (FP&L) to the County for rights to utilize public rights-of-way located within the City
that should be subsequently remitted annually by County to City (the "City Fees") beginning in
Fiscal Year 2005-2006 (which constitutes the FP&L reporting period of the calendar year 2005)
and continuing; and
WHEREAS, County and City agree that the methodology to determine the amount of
City Fees to be remitted annually by the County should be applied retroactively for Fiscal Years
2001-02,2002-03 and 2003-04; and
WHEREAS, County and City have determined that the retroactive application of the
methodology agreed by the Parties has resulted in additional City Fees that should be remitted by the
County to the City,
NOW, THEREFORE, in consideration of the mutual benefits derived there from, the
Parties covenant and agree to amend section 1.1.1 of the Second Interlocal Agreement dated June 17,
1997 as follows:
I. OBLIGATIONS OF THE COUNTY
A. The County shall:
1.1.1 In addition to the City Fees previously paid by the County to City for
Fiscal Years 2001-02, 2002-03, and 2003-04 (the "Historical Period"), the County
agrees to pay City $1,651,278 in additional City Fees for such Historical Period.
Such payment of additional City Fees shall be paid by the County in three annual
installments of $550,426 per year during the three fiscal years 2005-06, 2006-07,
and 2007-08. City agrees that these payments will satisfy any outstanding
payment liability of the County for the Historical Period and that no additional
City Fees will be due to City upon the satisfactory payment by County.
1.1.2 Beginning with the remittance of the City Fees for the Fiscal Year 2005-
06 which are to be paid on or before August 15, 2006, and for so long as the
Franchise Ordinance is in effect and enforceable, the County shall determine the
amount of the City Fees to be remitted by the County to the City utilizing the
methodology as outlined in this amendment. With respect to the determination of
the Franchise Fees to be submitted to the municipalities of Aventura, Key
Biscayne, Pinecrest, Sunny Isles Beach, Palmetto Bay, Doral, Miami Gardens,
and Miami Lakes (collectively, the "Cities") by the County, the following
methodology shall be utilized, which is also illustrated on Table I for the
determination of the Franchise Fees to be remitted by the County to the Cities for
the Fiscal Year 2004-05, as follows:
a. Determine from FP&L's records the total amount due to the
Cities, Unincorporated Miami-Dade County Service Area
(UMSA), and any new municipality which is created after the
effective date of this addendum but before the expiration of the
Franchise Ordinance (collectively, the "Recipients") based on
six percent of FP&L gross revenues attributable to service
being provided within the corporate limits and service area of
the Recipients for the respective calendar year ("Gross
Revenues"). See Column A. I
b. Subtract from Gross Revenues the amount of municipal real
and personal property taxes paid by FP&L on its real and
I References to Columns in paragraph 1.1.2 relate to columns in Table I, which illustrates the application of the
formula in paragraph 1.1.2. for the Fiscal Year 2004-05.
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personal property within the respective corporate limits and
service areas of the Recipients during the respective calendar
year ("Municipal Taxes"). See Column B.
c. Subtract from the Gross Revenues the total Countywide
operating and debt service, Fire, Library, Florida Inland
Navigation, Everglades Project, South Florida Water
Management District property taxes, and other applicable taxes
("Regional Taxes") paid by FP&L on its real and personal
property within the respective corporate limits and service
areas of the Recipients, excluding any Regional Taxes paid on
real and personal property associated with the Turkey Point
and Cutler Power Generating Facility properties. See Column
C.
d. Determine the difference of the Gross Revenues less the
Municipal Taxes and the Regional Taxes as defined above in
items b and c ("Adjusted Franchise Fees"). See Column D.
e. Subtract from the Adjusted Franchise Fees the equivalent
Regional Taxes paid by FP&L for property in cities which have
a separately executed franchise agreement with FP&L which
was in effect as of the date of the Franchise Ordinance and the
Regional Taxes paid by FP&L on Turkey Point and Cutler
Power Generating Facilities that is recognized as a deduction
by FP&L for the remittance of Franchise Fees to the County
apportioned among the Recipients and based on the percent of
each recipient's Adjusted Recipient Revenue to the total
Adjusted Recipient Revenue for all recipients. (Prorated
Amount). See Column E.
f. The amount of the Franchise Fees to be paid by the County to
the Cities shall be determined by subtracting from the Adjusted
Recipient Revenue the apportioned Regional Taxes paid by
FP&L for property in cities which have a separately executed
franchise agreement as referenced in item e above (the "Net
Franchise Fees"); See Column F.
TABLE 1 A B C D E I F
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Gross Municipal Regional Taxes Subtotal Prorate Old
NEW METHOD: Revenue Taxes (without PP) (without PP) Cities and PPs NEW METHOD
Key Biscayne 1,052,948.54 (30,067.17) (65,751.72) 957,129.65 (183,488.76) 773,640.89
Aventura 2,935,149.30 (52,721.24 (249,678.96) 2,632,749.10 (504,717.28) 2,128,031.82
Pinecrest 1,410,244.51 (26,993.61) (115,092.80) 1,268,158.10 (243,115.19) 1,025,042.90
Sunny Isles 1,154,787.41 (44,890.94) (141,328.73) 968,567.74 (185,681.53) 782,886.21
Palmetto Bay 1,318,971.46 (113,681.82) (271,532.87) 933,756.77 (179,008.01) 754,748.76
Doral 2,183,185.46 (28,207.91) (115,562.24) 2,039,415.31 (390,970.85) 1,648,444.47
Miami Gardens 3,559,496.12 (57,675.45) (166,726.69) 3,335,093.98 (639,361.93) 2,695,732.04
Miami Lakes 1,884,173.36 (44,918.20) (162,685.02) 1,676,570.14 (321,410.77) 1,355,159.37
UMSA 54,913,188.18 (4,093,088.04) (8,602,362.23) 42,217,737.91 (8,093,449.45) 34.124.288.46
Total 70,412,144.34 (4,492,244.38) ,(9,890,721.27 56,029,178.69 (10,741,203.77) 45,287,974.92
1.1.3 Coincident with the annual calculation of the Net Franchise Fees to be
remitted to the City by the County, the County will provide all supporting
documentation for each of the local governments shown on Table I the following:
i) Gross Revenues; ii) Municipal Taxes; iii) Regional Taxes by individual tax
component; iv) the determination of the Regional Taxes for all cities which have a
separately executed franchise agreement with FP&L which was in effect as of the
date of the Franchise Ordinance by individual tax component by individual
municipality reflected in the calculation and the Regional Taxes paid by FP&L on
Turkey Point and Cutler Power Generating Facilities, both which are recognized
as a deduction by FP&L for the remittance of Franchise Fees to the County (the
Prorated Amount); v) the percentage for allocation of the Prorated Amount; and
vi) the calculation of the Net Franchise Fees determined on the same basis as
discussed above and shown on Table I.
I. 1.4 To the extent that the County does not pay the Net Franchise Fees to the
City by August 15th of each respective year, an interest charge for each day that
payment is delinquent shall accrue. The interest rate will be based on the monthly
30-day investment rate published by the Florida State Board of Administration for
the Local Government Investment Pool (SBA) for each month that payment is
considered delinquent based on the number of days the payment is delinquent in
such month. The delinquent payment will be paid by the County to the City and
will be in addition to the payment of the Net Franchise Fees. Any delinquent
payment will not be considered as a component of the Net Franchise Fees due to
the City by the County.
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IN WITNESS WHEREOF, the parties hereto have caused this Addendum to be executed on their
behalf as of the date first above written.
CITY OF A VENTURA, a municipal
corporation
ATTEST:
Teresa M. Soroka, MMC
City Clerk
By:
Eric M. Soroka, ICMA-CM
City Manager
APPROVED AS TO FORM AND
LEGAL
City Attorney
MIAMI-DADE COUNTY, a political
subdivision of the State of Florida
Attest:
HARVEY RUVIN, Clerk
By its Board of County
Commissioners
Deputy Clerk
By:
County Manager
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
County Attorney
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