97-039 RESOLUTION NO. 97-39
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED INTERLOCAL
AGREEMENT WITH METROPOLITAN DADE COUNTY
RELATIVE TO THE PAYMENT TO THE CITY OF
FRANCHISE FEES RECEIVED BY METROPOLITAN
DADE COUNTY FROM FLORIDA POWER & LIGHT;
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 COUNCIL OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized to execute the attached
Interlocal Agreement with Metropolitan Dade County relative to the payment to the City
of franchise fees received by Metropolitan Dade County from Florida Power & Light.
Section 2. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Councilmember Rogers-Libert, who
moved its adoption. The motion wes seconded by Councilmember Holzberg, and upon
being put to a vote, the vote was as follows:
Councilmember Arthur Berger yes
Councilmember Jay Beskin yes
Councilmember Ken Cohen yes
Resolution No. 97-._39
Page 2
Councilmember Harry Holzberg yes
Councilmember Patricia Rogers-Libert ~,es
Vice Mayor Jeffrey M. Perlow
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 25th day of June, 1997.
~R, MAYOR
ATTEST: , ,-~
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
EMS/tms
INTERLOCAL AGREEMENT
Thrs I~terlocal Agreement (thc "Agreement") is made and entered into this / -~
day of ~-~ ~ ~'~ , 1997, by and between MettopOlitan Dade County, a political
subdivision of thc State of Florida (the "County"), and the City of Aventura, a Florida
municipality (thc "City").
RECITALS
WHEREAS. in 1989. County enacted Ordinance g9-81 (thc "Franchise
Ordinance"). which granted a non-exclusive elecWic franchise to Florida Power & Light
("FP&L") to utilize public rights of way throughout thc unincorporated and incorporated
areaS of Dade County. Florida, in return for FPScL pa]ting County certain fxanchise fees
(the "Franchise Fees"); and
WHEREAS, the City was ereatcd on November 7. 1995. as authorized by Dade
Co~lllty Ordlnan~¢ 95-73~ and
WI-IEREAS, County and City wish to resolve their differences as to City's c~,ir, of
entitlement to tl~t portion of the Franchise Fees remitted by FP&L to County for rights to
utilize public right-of-way located within City ("City Fees"),
NOW. THEREFOF~I~. in consideration of the mutual benefits derived thcrefrom~
the pasfes covenant and agree as follows:
Page 1 of 7 Pages
1. OBLIGATIONS OF TIiE COITNTY
1.1 The County shall:
1.1.1 For so long as the Franchise Ordinance is in effect and
enforceable, pay to die City all City Fees received by County from FP&L on July 1. 1999
and on each July 1 thcreax°¢cr. Such payment shall bc made wifffin forty-five (45) days of
County's receipt of City Fees fi:om FI&L;
1.1.2 Provide a prorated pa~r~nent to City from the ~uly 1, 1998
payment of City Fees received by County from FP&L equal to 50% of 1~ ~uly l, 1995
payment by FP&L of City Fees. Such payment shall be made within forty-five (45) days
of Count, s receipt of such City Fees from FP&L~
1.1.3 Execute anyand all decuments which FP~'L may rcas°nably
require in order to identify City Fees;
1.1.4 Simultaneous widi each payment of City Fees to the City,
provide copies of all supporfin~ documentation therefore that is received from FP&L~
1.1.5 Maixttain accurate and complete books, records and
documents, sufficient to reflect properly all receipt of City Fees for a perind of three
years following receipt and payment to the City under this Agreement~ and
1.1.6 Hereby wai'ees, relinquishes and disclaims any claim to City
Fees required to be paid by County to City hereunder.
1.1.7 County's obllgatious to pay City Fees to City is subject to the
County ComXmssinn enacting the ordinance listed on the 3uue 17, 1997, Commission
Page 2 of 7 Pages
agenda, as A§¢nda Itcor
2. CITY WAIVER
Except as set forth in Paragraph 1.1.2 and Paragraph 3. CiW hereby releases
County fi'om any and all claims of whatever nalure for City Fees received by County
from FP&L prinr to July 1, 1999.
3. OTHER CITIES; AGREEMENTS
The parties acknowledge tha~ the City, pursuant to Paragraph 2 of this AgreemenL
hag waived its rights to City Fees collected by the County between November 5, 1995
and luly 1, 1999, a period of 33 months (the "Waiver Period"). In thc event that a
mnnicipality, incorporated in Dade County at, er Julle 1, 1997, but ~lrior to October 1,
1997, is permitted by the County to waive Franchise Fees for a period of less than 33
months, the City shall be entitled to receive the benefit of the sherter Waiver Period. In
that event, this Agreement shall be retroactively amended accordingly to reflect the
Waiver Period and payment shall be made by the County to the City on apro rata basis.
4. TERb~
This Agreement shall be in fur force and effect for a period commencing on the
day of execution and terminating upon expiration of the full term of the Franchise
Ordinance. The provisions of Sections 1.1.5 and 1.1.6 and 2. shall survive the
terrain ation of this Agreement.
5. GOVERNING L A_~_W
Page 3 of 7 pages
Tiffs Agreement shall be governed by and construed in accordance with the laws of
the Stat~: of Fhirida. Venue for any litigation between the: par~es for any con~oversy
arising from or related to this Agreement shall be in the Eleventh Judicial Circuit ~n and
for Dade County, Florida.
6. ENTII~ETY OF AGREEMENT
This Agreement incorporated and includes all prior n~gotiafions, correspotldenc¢,
conx~:rsations, agreements and understandings applicable to the City Fees and contains
the entire agreement 'octwcen thc parties. Accordingly, it is agreed that no devial~on from
thc terms hereof shall be predicated upon any prior representations or agreements,
whether oral or written, and that this Agreement may be modified, altered or amended
only by written agreement duly executed by all parties hereto or their authorized
representatives.
7. HEADINGS
Captions and hc~ai'~gs in this Agreement ate for ease of reference only aud do not
consliiute a part of tlfis Agreement and shall not affect the meaning or interpretation of
any provisions herein.
$. RIGHTS OF OTHERS
Nothing in his Agreem~t. expressed or implied is inlendcd to confer upon any
person, other than the parties hereto, any rights or remedies under or by reason of this
Agreernant.
Page 4 of 7 Paggs
9. REPRESENTATION BY CITY AND COUNTY
Each parW represents that this Agreement has been duly approved and executed by
its governing body and th~ it has the required power and authority to enter into and
perform the obligations under this Agreement.
9. II, VALIDATION OF PROVISIONS, SEVEHABILITY
Wherever possible, each provision of this Agreement shall be i~te, rproted in such
manner as to be effective and valid under apphcablc law, but if any provision of this
A~eement shall be prohibited or invalid under applicable law, such provision shall be
ineffective to thc extent of such prohibition or mvahdity, without invalidating the
remainder of such provision or the remaining provisions of this Agreement, provided that
the material purposes of this Agreement can be determined and effectuated.
10. NOTICE
Notices to the parties as provided for herein shall hc sufficient ff sent by hand-
deliveW, federal express or certified mail, rcmm receipt requcste& addressed as follows:
ff to the County: County Manager
Suite 2900
Stephen P. Clark Center
I 11 N.W. First Street
Mian~( Florida 33128-1993
with a requited copy to: Dade Cotmty Attorney
Suite 2810
Stephen P. Clark Center
111 N.W. F/rst Street
Miami, Florida 33128-1993
Page 5 of'/ Pages
if to the City: City Manager
City of Av~ntuia
2999 Northeast 191 Street
Suite 500
Aventura. Florida 33180
with a r~quired copy to: Richard Jay Weiss, Esquire
Weiss Serota & Helfman, P.A.
2665 South Bayshore Drive
420 Crrand Bay Plaza
Coconut Grove, Florida 33133
or such other respective address as the paxties may designate to each other in writing from
IN WITNESS W~'EREOF, thc par6es hereto have caused this A~-eemcnt to be
executed on their behalf as of the date first above written.
CITY OF AVENTURA, a municipal
corporation
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
City
Page 6 of 7 P~ges
METROPOLITAN DADE coUNTY, a
political subdivision of the Sta~e of Florida
ATTEST: By its Board of County Commissionets
~,~.~oun~Mlmage
APPROVED AS TO FORM AND
LEGAL SUFI,'ICmNCY:
County Attorney
Page 7 of 7 Pages