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2012-27890 Reso RESOLUTION NO. 2012-27890 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, TAKING THE FOLLOWING ACTIONS WITH RESPECT TO THAT CERTAIN CITY CAPITAL PROJECT PERTAINING TO THE UNDERGROUNDING OF OVERHEAD UTILITIES ON HIBISCUS ISLAND: 1.) APPROVING, IN SUBSTANTIAL FORM(AS ATTACHED HERETO)AND,ONCE FINALIZED, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT WITH MIAMI-DADE COUNTY, FLORIDA, WHICH AGREEMENT IS BEING ESTABLISHED FOR THE PURPOSE OF THE CITY BEING ABLE TO BILL THE COUNTY FOR THE CONSTRUCTION COSTS PERTAINING TO THE UNDERGROUNDING PROJECT, UP TO THE NOT TO EXCEED CONSTRUCTION COST ALLOCATED IN THE "HIBISCUS ISLAND OVERHEAD SERVICES RELOCATION IMPROVEMENT SPECIAL TAXING DISTRICT,"IN THE AMOUNT OF$1,834,581 (WITH SUCH CONSTRUCTION BEING UNDERTAKEN BY THE CITY, BUT WITH THE CITY'S COSTS TO BE REIMBURSED BY THE COUNTY FROM THE AFORESTATED DISTRICT); AND 2.) APPROVING, IN SUBSTANTIAL FORM (AS ATTACHED HERETO) AND, ONCE FINALIZED, AUTHORIZING THE CITY MANAGER TO EXECUTE AN UNDERGROUND FACILITIES CONVERSION AGREEMENT WITH FLORIDA POWER & LIGHT (FPL), PERTAINING TO THAT PORTION OF THE UNDERGROUND CONVERSION PROJECT INVOLVING THE CONSTRUCTION/INSTALLATION OF THE FPL UTILITIES,IN THE AMOUNT OF$434,418; PROVIDED FURTHER THAT THE COSTS PERTAINING TO THE CONSTRUCTION AND INSTALLATION OF THE UNDERGROUNDING PROJECT,IN THE AMOUNT OF $1,834,581,SHALL BE APPROPRIATED AS AN ADVANCE FROM THE CITY'S LINE OF CREDIT (LOC), TO BE REIMBURSED BY THE COUNTY UPON APPROVAL AND EXECUTION OF THE INTERLOCAL AGREEMENT. WHEREAS,the Palm-Hibiscus-Star Islands Association have been working with Miami-Dade County regarding the establishment of a special taxing district to fund the undergrounding of overhead utilities; and WHEREAS, the nature of these improvements includes removing FPL electric, AT&T telephone, and Atlantic Broadband cable utility lines from overhead poles, and placing them in underground conduits; and WHEREAS, the utility undergrounding improvements also require removing landscape encroachments and existing poles, digging trenches, installing conduits, backfilling trenches, replacing curb and sod, patching roadways, installing transformers mounted on concrete pads,and protecting the transformers; and WHEREAS,such districts are established by the County, in accordance with Chapter 18 of the Miami-Dade County Code; and WHEREAS, on September 21, 2010, the Board of County Commissioners approved Ordinance No. 10-51,which is attached, as Exhibit"A"hereto,which created and establish a special taxing district for Hibiscus Island only; the approved district for Hibiscus Island is known and described as the "Hibiscus Island Overhead Services Relocation Improvement Special Taxing District" (the District) ; and WHEREAS, the estimated cost allocated for the construction and installation of the undergrounding conversion project in the District is $1,834,581; and WHEREAS,the City intends to prosecute the aforestated construction and installation work for the underground conversion project on Hibiscus Island, in conjunction with the Palm and Hibiscus Islands Right of Way Improvements Project; and WHEREAS, in order to fund the cost of construction/installation, City and Miami-Dade County representatives have negotiated an Interlocal Agreement,which is attached, in substantial form, as Exhibit"B"hereto, and which Agreement would establish a mechanism for the City to"bill" the County as construction of the underground conversion project proceeds/progresses, and the County would fund the construction/installation of the conversion project, up to the budgeted amount established in the District of$1,834,581; and WHEREAS, in addition to the Interlocal Agreement, the City also needs to enter into and execute an Underground Facilities Conversion Agreement with FPL, which is attached, in substantial form, as Exhibit "C" hereto, in order to proceed with the FPL portion of the undergrounding conversion project; and WHEREAS,the agreement with FPL,which also memorializes FPL's binding cost estimate for the costs related to the construction/installation of the FPL utilities portion of the underground conversion project, (and which estimate expires on April 24, 2012), requires that FPL be paid in full at the time of execution; and WHEREAS, the amount due to FPL at the time of execution of the Underground Facilities Conversion Agreement is$434,418; although the Citywould initially pay this amount to FPL it would be reimbursed for same by the County once the Interlocal Agreement is approved and executed by the parties; and WHEREAS, funding for the $1,834,581 total construction cost pertaining to the undergrounding project shall be appropriated as an advance from the City's Line of Credit(LOC),to be reimbursed by the County upon approval and execution of the Interlocal Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby take the following actions with respect to that certain City Capital project pertaining to the undergrounding of overhead utilities on Hibiscus Island: 1.) approving, in the attached substantial form, and once finalized, authorizing the City Manager and City Clerk to execute an Interlocal Agreement with Miami-Dade County, Florida,which agreement is being established for the purpose of the City being able to bill the County for the construction costs pertaining to the undergrounding project, up to the not to exceed construction cost allocated in the "Hibiscus Island overhead services relocation improvement special taxing district," in the amount of $1,834,581 (with such construction being undertaken by the city, but with the city s costs to be reimbursed by the County from the aforestated district);and 2.)approving, in the attached substantial form,and once finalized,authorizing the City Manager to execute an underground facilities conversion agreement with Florida Power & Light (FPL), pertaining to that portion of the underground conversion project involving the construction/installation of the FPL utilities, in the amount of $434,418; provided further that the costs pertaining to the construction and installation of the undergrounding project, in the amount of $1,834,581, shall be appropriated as an advance from the City's Line of Credit (LOC), to be reimbursed by the County upon approval and execution of the Interlocal Agreement PASSED AND ADOP isB y of Jarzl , 2012. ATTEST: 1.INCORP ORA AS TO ROBERT E. PARCHER, CITY dgF I HER BO UAGE . .. .. '� S IF R MCUTION T:\AGENDA\2012\Apri111\Hibiscus Interlocal Agreem s ocal Agreement O.doc -I- tL Q Attomeff V Date COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach,Florida,Taking The Following Actions With Respect To That Certain City Capital Project Pertaining To The Undergrounding Of Overhead Utilities On Hibiscus Island: 1.)Approving,In Substantial Form(As Attached Hereto)And,Once Finalized,Authorizing The City Manager And City Clerk To Execute An Interlocal Agreement With Miami-Dade County,Florida,Which Agreement Is Being Established For The Purpose Of The City Being Able To Bill The County For The Construction Costs Pertaining To The Undergrounding Project, Up To The Not To Exceed Construction Cost Allocated In The "Hibiscus Island Overhead Services Relocation Improvement Special Taxing District," In The Amount Of$1,834,581 (With Such Construction Being Undertaken By The City,But With The City's Costs To Be Reimbursed By The County From The Aforestated District);And 2.)Approving,In Substantial Form(As Attached Hereto)And,Once Finalized,Authorizing The City Manager To Execute An Underground Facilities Conversion Agreement With Florida Power&Light(FPL), Pertaining To That Portion Of The Underground Conversion Project Involving The Construction/Installation Of The FPL Utilities, In The Amount Of$434,418; Provided Further That The Costs Pertaining To The Construction And Installation Of The Undergrounding Project, In The Amount Of$1,834,581, Shall Be Appropriated As An Advance From The City's Line Of Credit (Loc), To Be Reimbursed By The County Upon Approval And Execution Of The Interlocal Agreement. Key Intended Outcome Supported: To ensure a quality, well constructed Capital project. Supporting Data(Surveys, Environmental Scan,etc.): The 2009 Customer Satisfaction Survey indicated that 79% of businesses rated recently completed capital improvement projects as"excellent"or"good." Issue: Shall the Mayor and the City Commission approve the Resolution? Item Summa /Recommendation: Pursuant to Miami-Dade County Ordinance 10-51, which established and created a special taxing district to underground overhead utilities on Hibiscus Island(the District),the Administration recommends that the City and Miami-Dade County execute an Interlocal Agreement outlining the City and County's responsibilities with respect to the City undertaking construction and installation of the undergrounding conversion project(in conjunction with the Palm/Hibiscus Islands Right of Way Improvements Project),and the County's agreement to reimburse the City for the construction/installation costs, up to the allocated amount in the District($1,834,581). The proposed Interlocal Agreement between the City and Miami-Dade County, in the not to exceed amount of $1,834,581 (which amount represents the maximum amount allocated in the District for construction/installation of the underground conversion project,and which is the maximum amount that the County has available under the existing District),provides Miami-Dade County with the authority to pay the City monies from the aforementioned amount,for the City's prosecution of the construction and installation of the underground conversion project. The Administration also recommends that the City execute an Underground Facilities Conversion Agreement with FPL,which needs to be signed prior to April 24,2012,in order to confirm the binding estimate,and pay FPL for the construction and installation of the FPL utilities portion of the undergrounding conversion project,in the amount of $424,492. The total construction and installation costs pertaining to the undergrounding project,in the amount of$1,834,581, shall be appropriated as an advance from the City's Line of Credit(LOC), to be reimbursed by the County upon approval and execution of the Interlocal Agreement Advisory Board Recommendation: Not applicable. Financial Information: Source of Amount Account Fund�si:, 1 $1,834,581 City's Line of Credit(LOC) 2 OBPI Total $1,834,581 Financial Impact Summary: City Clerk's Office Legislative Tracking: Mattie Reyes,CIP Office ,ext. 6884 Sign-Offs: Department Director Assistant Cit nager City Manager FV PW KB DB JMG T:\AGENDA\2012\April 11\Hibiscus Interlocal Agreement Summary.doc 0 MIAM11BEACH AGENDA ITEM. R� DATE ® MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfi.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager DATE: April 11, 2012 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, TAKING THE FOLLOWING ACTIONS WITH RESPECT TO THAT CERTAIN CITY CAPITAL PROJECT PERTAINING TO THE UNDERGROUNDING OF OVERHEAD UTILITIES ON HIBISCUS ISLAND: 1.) APPROVING, IN SUBSTANTIAL FORM (AS ATTACHED HERETO) AND, ONCE FINALIZED, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT WITH MIAMI-DADE COUNTY, FLORIDA, WHICH AGREEMENT IS BEING ESTABLISHED FOR THE PURPOSE OF THE CITY BEING ABLE TO BILL THE COUNTY FOR THE CONSTRUCTION COSTS PERTAINING TO THE UNDERGROUNDING PROJECT, UP TO THE NOT TO EXCEED CONSTRUCTION COST ALLOCATED IN THE "HIBISCUS ISLAND OVERHEAD SERVICES RELOCATION IMPROVEMENT SPECIAL TAXING DISTRICT," IN THE AMOUNT OF $1,834,581 (WITH SUCH CONSTRUCTION BEING UNDERTAKEN BY THE CITY, BUT WITH THE CITY'S COSTS TO BE REIMBURSED BY THE COUNTY FROM THE AFORESTATED DISTRICT); AND 2.) APPROVING, IN SUBSTANTIAL FORM (AS ATTACHED HERETO) AND, ONCE FINALIZED, AUTHORIZING THE CITY MANAGER TO EXECUTE AN UNDERGROUND FACILITIES CONVERSION AGREEMENT WITH FLORIDA POWER & LIGHT (FPL), PERTAINING TO THAT PORTION OF THE UNDERGROUND CONVERSION PROJECT INVOLVING THE CONSTRUCTION/INSTALLATION OF THE FPL UTILITIES, IN THE AMOUNT OF $434,418; PROVIDED FURTHER THAT THE COSTS PERTAINING TO THE CONSTRUCTION AND INSTALLATION OF THE UNDERGROUNDING PROJECT, IN THE AMOUNT OF $1,834,581, SHALL BE APPROPRIATED AS AN ADVANCE FROM THE CITY'S LINE OF CREDIT (LOC), TO BE REIMBURSED BY THE COUNTY UPON APPROVAL AND EXECUTION OF THE INTERLOCAL AGREEMENT. ADMINISTRATION RECOMMENDATION Adopt the Resolution. FUNDING Funding, in the amount of $1,834,581, shall be appropriated as an advance from the City's Line of Credit (LOC), to be reimbursed by the County upon approval and execution of the Interlocal Agreement. ANALYSIS On September 21, 2010, Miami-Dade County established and created a special taxing district, pursuant to County Ordinance No. 10-51 (See Exhibit A), to fund the undergrounding of Commission Memorandum Hibiscus Island—Interlocal Agreement April 11, 2012 Page 2 of 3 overhead utilities on Hibiscus Island (the District). These utilities consist of electric (FPL), telephone (AT&T), and cable TV (Atlantic Broadband). The maximum estimated cost attributed to the construction and installation of the underground conversion in the District is $1,834,581. The undergrounding of the utilities on Hibiscus Island will be performed by the City, in conjunction with the Palm and Hibiscus Right of Way Improvement Project. In order for the City to be reimbursed for the work it has agreed to undertake to complete the undergrounding conversion project, the City and the County have negotiated an Interlocal Agreement, which establishes the terms and conditions that will facilitate the reimbursement by the County to the City for the undergrounding cost, in a not to exceed amount of $1,834,581 (See Exhibit B). The County has agreed to reimburse the City, as the work progresses, within 30 days of receipt of proper invoices. The County has informed the City that the full amount of the budgeted funds for the District will be 'available upon the County's issuance of bonds for the projects; which issuance is scheduled for Fall 2012. The $1,834,581 amount allocated for the actual construction and installation of the underground conversion project is based on the binding estimates from the respective utility companies (FPL, ATT, and ABB), and also includes the fees for the City's contractor, and other professional fees associated with the project. The amount is broken down as follows: Construction Contractor hired by City Installation of Conduit and concrete pads $633,922 Construction Contingency $31,696 Subtotal $665,618 Utility Companies FP&L Estimate $776,683 ATT Estimate $164,714 ABB Estimate $111,435 Subtotal $1,052,832 Professional Fees Survey Required by FP&L $15,000 A/E Coordination Fees $24,354 Material Testing $15,000 Permitting Fees $25,777 Deposits/Legal Fees and other Survey Fees $36,000 Subtotal $116,131 Total $1,834,581 ATT has submitted drawings and a fee of $164,714 which includes the cost of all material and equipment (including conduit), installation of cables and electronic components and activation of the system required for the undergrounding of the existing aerial communication services. The 'conduits are to be installed by a contractor to be hired by the City. ABB has submitted drawings and a fee of $111,435 which includes the cost of all material and equipment (including conduit), installation of cables and electronic components and activation of the system required for the undergrounding of the existing aerial cable services, and which also includes the cost of the conduit material. The installation of the conduit will be performed by a contractor to be hired by the City. Commission Memorandum Hibiscus Island—Interlocal Agreement April 11, 2012 Page 3 of 3 FPL has submitted drawings and its applicable binding estimate for its portion of the underground conversion project. The binding estimate amount, for Hibiscus Island only, is $776,683. This amount includes the cost of all material and components (including conduit), installation of cables and electronic components, activation of the system, and removal of existing overhead facilities. This amount could be reduced by fees previously paid by the HOA and/or by FPL Government Adjustment Factor (GAF) Waiver. This waiver is a credit issued to the local government entities that meet certain criteria established in the FPL Underground Facilities Conversion Agreement (See Exhibit C). The criteria requires that all residents convert to the underground system. If the criteria is met, the binding estimate could be reduced by $342,265, which is equivalent to a 44% reduction. It should be noted that FPL's binding estimate is set to expire on April 24, 2012. The City needs to execute an Underground Facilities Conversion Agreement with FPL in order to keep such estimate binding. This Agreement also requires that FPL be paid the full applicable binding cost estimate amount (minus any credits) upfront, at the time of execution of the Agreement. Factoring in the upfront GAF credit, the amount due to FPL upon execution would be $434,418 (See Exhibit C). Once the Interlocal Agreement is approved by the City and the County, and executed by the respective parties, the County will reimburse the City for all the above itemized costs for each utility company, in addition to the City's construction costs associated with the scope of work for construction/installation of the underground conversion project, (upon the submission of the City's invoice for the completed work). CONCLUSION The Administration recommends approval of the Resolution. Attachment: Exhibit A- Miami-Dade County Ordinance No. 10-51 Exhibit B - Interlocal Agreement Exhibit C - Underground Facilities Conversion Agreement DB\FV\JG\RA\MER T:\AGENDA\2012\Apri111\Hibiscus Interlocal Agreement\Hibiscus Interlocal Agreement MEMO.doc Exhibit A MEMORANDUM Agenda Item No. 5(G) (Public Hearing 9-21-10) TO: Honorable Chairman Dennis C. Moss DATE: July 20, 2010 and Members, Board of County Commissioners FROM: R. A. Cuevas,Jr. SUBJECT: Ordinance creating and County Attorney establishing a special taxing district in Miami-Dade County known and described as Hibiscus Island Overhead Services Relocation Improvement special taxing districts in accordance with the provisions of Chapter 18 The accompanying ordinance was prepared and placed on the agenda at the request of Prime Sponsor Commissioner Bruno A. Barreiro. R. A. Cu s,Jr. County Attorney RAC/j is MIAMFQADE (Public Hearing 9-21-10) Memorandum Date: July 20, 2010 To: Honorable Chairman Dennis C. Moss and Meadwr& Board of County Commissioners From: Georg ess Co y Manager Subject: Hibiscus Island Overhead Services Relocation Improvement Special Taxing District Recommendation It is recommended that the Board of County Commissioners (BCC) approve a petition submitted in accordance with Article 1, Chapter 18 of the Code, for creation of the Hibiscus Island Overhead Services Relocation Improvement Special Taxing District. Scope This proposed special taxing district lies within Miami-Dade County Commission District Five (5) and the City of Miami Beach and will provide for the relocation of electrical, telephone and cable television services from overhead to buried conduit. Fiscal Impact/Funding Source The creation of this District is at the request of the proposed district property owners in accordance with Chapter 18 of the Miami-Dade County Code. The economic impact on the County's budget will be from the advancement of funds by several County Departments and the provision of approximately $3.813 million from the proceeds of County bond sales. Advancement of funds will result from various Departments' expenditure of labor and materials necessary to engineer and administer the district. All district costs incurred will be reimbursed to each Department after the Board's adoption of the preliminary assessment roll, ratification of the district by the qualified electorate within the district limits, and collection of assessments from the affected property owners on their November 2010 and subsequent annual combined Real Property tax bills. The economic impact on the private sector will be a special assessment levied for this improvement. Assessment at the property owners' option may be paid in full or financed over a fifteen (15) year period with the installments itemized on the annual combined Real Property tax bill. At this time there will be no increase or decrease in County staffing due to this District. The private sector may increase its staffing levels to install the capital improvements to be provided by this special taxing district. Honorable Chairman Dennis C. Moss and Members, Board of County Commissioners Page 2 Background Boundaries: All properties on Hibiscus Island, Miami Beach, Florida Number of Parcels: 182 Number of Lots or Parcels 181 Assessed as 1 Unit Number of Resident Owners: 104 Number of Owners With Homestead 63 or 60.6% of the resident property Exemption Signing Petition: owners. Preliminary Public Meeting: To be held in August 2010. Type of Improvements: The underground burial of existing overhead electrical, telephone, and cable television services in accordance with the minimum standards and requirements set forth by the Florida Power and Light Company, AT&T, Atlantic Broadband Cable, and the City of Miami Beach. Required Referendum: Every qualified registered voter residing within the District limits will be afforded the opportunity to vote at an election conducted by mail, to be held in December 2010. Preliminary Assessment Roll: Submitted on the same agenda is a separate agenda item for consideration and adoption by the BCC and contingent upon the approval of this District's creation ordinance and subsequent ratifying referendum. The implementation of the assessment roll will be in accordance with the procedures defined in Chapter 18 of the Code. Estimated Completion: September 2011. Estimated Initial Billing: November 2010. Installment option billed annually for fifteen (15) years as an itemized portion of the annual tax bill with the first installment placed on the November 2010 tax bill. v Honorable Chairman Dennis C. Moss and Members, Board of County Commissioners Page 3 First Year Estimated Total District Cost: $3,812,249.11 Method Of Apportionment: Unit Estimated Assessment Cost Per Assessable Unit: $21,062.15 The assessment shown above is representative of costs for property within this district. State or Federal grants are not applicable to this special taxing district. Each special taxing district is unique due to its geographical boundaries, affected property owners and level of services to be provided, and only a new ordinance will satisfy the requirements of Chapter 18 of the Code. In accordance with the requirements of Section 18-3 of the Code, I have reviewed the facts submitted by the Public Works Director and concur with her recommendation that this District be created, if approved by the referendum required subsequent to this public hearing. Assistant Coun Y Manager REPORT AND RECOMMENDATIONS ON THE CREATION OF HIBISCUS ISLAND OVERHEAD SERVICES RELOCATION IMPROVEMENT SPECIAL TAXING DISTRICT MIAMI-DADE COUNTY, FLORIDA Pursuant to Chapter 18 of the Code,and as a result of a detailed investigation of a duly petitioned for special taxing district,the following facts are submitted by the Public Works Department Director concerning the creation of Hibiscus Island Overhead Services Relocation Improvement Special Taxing District. 1. BOUNDARIES OF THIS DISTRICT The proposed District is located entirely within the municipal limits of the City of Miami Beach. Pursuant to Chapter 18 of the Code,Miami-Dade County has received approval from the City of Miami Beach to create this special taxing district per Resolution No. 2009-27065, a copy of which is attached and the boundaries, as set forth in the petition and recommend herein are as follows: All properties on Hibiscus Island, Miami Beach, Florida. The boundaries are shown on the attached plan entitled Hibiscus Island Overhead Services Relocation Improvement Special Taxing District and hereinafter referred to as Exhibit A. A preliminary community meeting will be held in August 2010,at Palm Island Park,to present the facts pertaining to the boundaries, a description of the improvement to be provided, its costs, and the method of payment. 2. DESCRIPTION AND LOCATION OF THE SERVICE TO BE PROVIDED Improvements will consist of the relocation from overhead to underground burial of the primary and secondary electrical distribution system along with telephone and cable television service lines,in accordance with the minimum standards and requirements set forth by the City of Miami Beach, Florida Power and Light Company,AT&T, and Atlantic Broadband Cable. Relocation will commence at the earliest practicable time, following the creation and establishment of the District by the Miami-Dade County Board of County Commissioners. 3. ESTIMATED COST FOR THIS SERVICE The request made by the petitioners is for the electrical services to be relocated underground as indicated in Section 2 above, and the costs for this improvement along with relocation underground of Hibiscus Island Overhead Services Relocation Improvement Special Taxing District Page 2 telephone and cable television services in accordance with a cost estimate developed by the City of Miami Beach Capital Improvement Projects Office,indicates that the relocation will cost$1,834,581.00. In addition to the construction cost an estimated $20,000 must be added to cover the costs of administration and engineering by the Miami-Dade County Public Works Department. Also,it will be necessary for the County to charge the District a fee for advertising, conducting an election, handling the billing, and collecting the assessments. This cost is estimated to be$10,377. Additionally,contingency funds including discount in the amount of$368,031 are provided. Bond costs including interest of$1,579,260 are included;therefore, the total District cost is estimated to be$3,812,249. These costs are to be paid for by special assessment levied against benefited properties and are to be apportioned to individual properties within the boundaries of the District on a unit basis. The cost per unit to be assessed for these services is estimated as follows: ASSESSABLE UNITS Total Number of Lots or Parcels 181 Assessed as 1 Unit ESTIMATED COSTS Construction Costs $1,834,581 Engineering &Administration Costs 20,000 Advertising, Printing, Mailing 10,377 Election and Collection Costs Bond Including Interest Costs 1,579,260 Contingency Costs Including Discount 36.031 Estimated Total District Cost $3,812,249 SAMPLE ASSESSMENTS Total Cost to District $3,812,249 Cost Per Assessable Lot or Parcel $21,062 Assessed As 1 Unit The assessment shown above is representative of costs for typical lots or parcels within the District. Hibiscus Island Overhead Services Relocation Improvement Special Taxing District Page 3 4. CONFORMITY TO THE MASTER PLAN OF MIAMI-DADE COUNTY The proposed District conforms to and in no way conflicts with the Comprehensive Development Master Plan of Miami-Dade County (see attached memorandum from the Department of Planning and Zoning). 5. RECOMMENDATION CONCERNING THE DESIRABILITY OF THIS DISTRICT The need to relocate overhead electrical and other utilities and services is apparent since residents of Miami-Dade County have demonstrated their desire to do so through several petitions and personal requests. The 2009 net property valuation within the district,as taken from the Miami-Dade County Real Estate Property Cards, is $248,979,801, which is a good indication that the affected property is able to pay such assessments as may be required and,in my opinion,the proposed improvements will provide special benefits to property within the District exceeding the amount of special assessments to be levied. 6. ESTIMATE OF ASSESSMENT AGAINST BENEFITED PROPERTY As was determined in Item 3 above, each property owner will pay the County, through a special assessment, a proportionate share of the total cost. Property owners may choose to pay off their entire capital special assessment in response to their notice of improvement lien within thirty (30) days of the notice's issuance,without interest. Assessments may also be financed through Miami-Dade County over a fifteen(15)year period with interest at one percent(11%)over the County's borrowing rate but no less than seven and a half percent(7Y2%),with the installments appearing as an itemized portion of the combined Real Property tax bill for a period of fifteen(15)years. In addition to the above assessment,each property owner will be responsible for the costs to bury underground the electrical, cable television wires from the property line to the served building structure. 7. RECOMMENDATION It is my recommendation that the creation, financing, and implementation of the District be authorized by an ordinance adopted by the Board of County Commissioners, subject to ratification by the District's electorate at a special referendum to be called by the Board. It is also recommended that upon adoption of the ordinance creating this special taxing district,the Board adopt, as the next agenda item, a Hibiscus Island Overhead Services Relocation Improvement Special Taxing District Page 4 resolution calling for a special election, as required by Chapter 18 of the Code. Said election will be conducted by the Miami-Dade County Elections Department using a mailed ballot provided, along with a summary report, to each district registered voter. It is further recommended that the Board also adopt the district's preliminary assessment roll resolution. Adoption of this resolution will enable the Miami-Dade County Tax Collector to bill the affected property owners, collection of which will provide the necessary funds to furnish and install the improvements to be provided by the district. The implementation of the assessment roll will follow the procedures defined in Chapter 18 of the Code and be subject to district ratification by the qualified electorate. If approved by the electorate,and if property owners elect to finance the assessment,the installments will appear on the November 2010 and subsequent tax bills until paid in full. In the event actual construction costs are lower than the costs estimated, any excess monies will be refunded proportioned on a unit basis to individual properties within the boundaries of the District. Should actual costs be higher than the ordinance cost estimate,the County Manager may,at his discretion,cause to be prepared a revised preliminary assessment roll and file the same with the Clerk of the Board for a scheduled public hearing to adopt it. The ordinance shall take effect when ratified at an election to be formally called, noticed, and conducted as this Board shall determine by resolution, unless vetoed by the Mayor,and if vetoed,it shall become effective only upon an override by Board and the District approved at a subsequent election. My office will also be available to answer any questions from the public or from your office with regards to the financial and/or engineering facts of this district. We further recommend that the County Manager forward the attached report to the Board of County Commissioners after he has reviewed it and concurred with our findings. Attachments: (1) Copy of Validation Memo and Petition Sample to the Clerk of the Board (2) Copy of Resolution from the City of Miami Beach (3) Copy of City Miami Beach Cost Estimate (4) Copy of Memo from Department of Planning and Zoning (5) District Boundary Map (Exhibit A) Memorandum mm Date: April 26, 2010 To: Diane Collins Acting Division Chief Office of the Clerk of the BBpard Aft • le From: , Chief, Special Taxing Districts Division Public Works Department Subject: Hibiscus Island Overhead Services Relocation Improvement Special Taxing District In reference to the subject petition, we hereby certify that, In compliance with Chapter 18 of the Miami- Dade County Code, this Department has checked the names In the attached petition against the records of the Property Appraisal Department, and is submitting the following information: 1. Total number of parcels of land within district boundaries 182 2. Total number of resident owners of property within district boundaries 104 3. Total number of resident owners signing the attached petition 63 4. Percentage of resident owners signing the attached petition 60.6% 5. Net Property Valuation $248.979,801.00 Utirrdng Hoftmtead Exemption as the basis for the resident owner requirement,we certify that this petition does contain the signatures of 50%of the resident property owners within the.proposed District boundaries as required by the Code;therefore,the subject petition Is valid. Attachment HIBISCUS ISLAND I 1 ) OVERHEAD SERVICES RELOCATION 1MP NT SPECIAL TAXING DISTRICT `D MIAMI-DADfi COUNTY PUBLIC WORKS D KI�L TAXING DIST1tICTS DTJISION PURL -� To be Completed by the Department: Petition Issue Date: 10/ 13/ 2009 Petition Received Date: 2010APR -9 -" „To the Petitioners: You are required to circulate this petition among all property owners within the district boundaries listed below. In order fc the petition to be considered a valid current indicator of oomm be completed and returned within four months from ti date of issue. All submitted petition forms must be original and Mow To the Board of County Commissioners of Miami-Dade Counter Florida: We,the undersigned property owners,do hereby petition Miam Dade County, Florida, for the creation and establishment of the Hibiscus Island Overhead Services Relocation Improvement Special Taxin District We understand that the signatures of 50%of the resident property owners within the district's boundary signing the potion will validat the petition.. If approved by the Board,a subsequent Special Election will be held for all registered voters in the district boundary to ratify th Board's decision. Proposed Public Improvement or Services: The proposed district will replace existing overhead utility services with undergrounded elearica cable television-and telephone services within the public rights-of--way. It is understood and agreed that the End district boundaries,operatio and administration of the district will be determined by the Mrami-Dade County public Works Department Proposed Boundaries. All properties on Hibiscus Island,Mami Beach,Florida (See district boundary and location sketch,Er h it A,on reverse side) THE INDIVIDUAL PROPERTY ONE TIME LUMP SUM PAYMENT FOR THIS IMPROVEMENT IS ESTIMATED TO Bl $14,800. IF NOT PAID, THIS COST CAN BE FINANCED THROUGH YOUR PROPERTY TAX BILL OVER A FIFTEEN(15 YEAR PERIOD AT NOT LESS THAN 1% ABOVE THE COUNTY'S BORROWING RATE BUT NOT LESS THAN 7 1/2% PEI ANNUM, ADDITIONALLY. SOME PROPERTY OWNERS MAY INCURR EXPENSES AT THE DWELLING ASSOCIATE] WITH LABOR AND WATRRIAI S NECESSARY TO TRENCH PRIVATE PROPERTY CONNECT YOUR METER BOX TO TM ELECTRICAL SERVI CO NNFEr OTHER UNDERGROUNDED 1DILT17FS COSTS ASSOCIATED WITH UPGRADIT44 UTILITY CONNECT OMS ANb INTERNAL WIRING TO CURRENT STANDARDS AND ROOF REPAIR DUE TO REMOVAI OF OVERHEAD SER= CONNF)MONS THESE COSTS ARE SPECIFICALLY NOT INCLUDED IN THE ABOV] ESTIMATED COSTS AND SHALL BE BORNE BY THE HOMEOWNER. NOTE: Only one resident owner's signature per household will count toward the 5o%Code requirement for petition validation. Howev circulation of petition among all properties in the proposed District is urged to ensure these persons are informed of(he proposal on which th may be called to vote. Altering this form in any way invalidates the entire petition. OWNER'S NAME TAX FOLIO AND PROPERTY ADDRESS . DATE SIGNED Print: ' Address: Folio: Sign: ( b► u Z 3 Z-O . 01.40t) Print:" Address: O SGT- CV- Q Sim'? Folio: p 2-3 Z--O 4)6.-'O 5 5 0 10/ 1 0 1 Print: Address: Sign: Folios Print: Address: Sign: Folio: Print: Addrew. Sign: Folios HIBISCUS 1:SLAND OVERHEAD SERVICES RELOCATIOi SPECIAL TAXING DISTRICT MIAMI-DADE COUNTY PUBLIC Wow. TAXIING DISTRICTS DIVISION To be Completed by the Departrneat Petition Issue Date: hK : 214 X39 Peron Received Date: To the Petitioner. You are required to circulate this petition anion Hess within the district boundaries listed below. In order for the petition to be considered a valid current.indicator of co -be completed and returned within four mouths from the date of issue. All submitted petition forms must be original anKS in in To the Board of County Commissioners.of Miami Dade County,Florida: We,the undersigned property owners,do hereby petition Miami- Dade County, Florida, for the creation and establishment of the Hibiscus Island Overhead Services Relocation Improvement Special Taxing District We understand that the signatures of 50%of the resident property owners within the district's boundary signing the petition will-validate the petition. If approved by the Board,a subsequent Spacial Election will be held for all registered voters in the district boundary to ra the Board's decision. Proposed Public Improvement or Serviees: The proposed district will replace existing.overbead.utility services with undergcounded electrical, cable television-and telephone-services within the public rights-of-way. It is understood and agreed that the final district boundaries,operation and administration of the district will be determined by the Miami-Dade County Public WorksDepartment Proposed Boundaries: All properties on ffiibiscus Island,Miami Beach,Florida. (See district boundary and location sketch,Exhibit A,on reverse side) TIIE INDIVIDUAL PROPWTV ONE TIME LUMP SUNI PAYMENT FOR THIS IMPROVEMENT IS ESTIMATED TO BE $14,800. IF NOT PAI3);j'TWS:C.OST;CAN BE FINANCED TROUGH YOUR PROPERTY;TAX.BILL OVER A FIF'T'EEN (15) YEAR PERIOD AT N( ',I BSS:THAN 196 ABOVE TJ�E COUNTY'S BORROWING RATE BUT NOT LESS THAN 7 1!196 PER ANNUK.- ADDMQNA&Z -SOME PROPERTY OWNERS MAY INCURR EXPENSE '-AT Tld<E DWELLING ASSOCIATED W-1131 EARS/K.ANDL MA°r'rrni S- SA$iY TO TR�.AiCH P4UV. ATE MOVER4*bdW&C"M R 1VIE!M_HQX_W- THE ELECTRICAL SERVI OTHER ER GROUNDED -U.TIIIM COSTS_ :ASSOCIANED WITH UPGRADING UTILITY CONNI;CTIO `JNTERNAL TO=CURR:BdNT STAUh S F AIR DUE TO REMOVAL .OF OVERHEAD SIMVI ONS. THim-COSTS ARE SPECD?ICALL'T NOT INCLUDED IN THE ABOVE ESTIMATED COSTS MOSHAIELBE BORNE BY THE HOMEOWNER: NOTE: Only one resident owner's signature per household will count toward the 50%Code requhtment for petition validation. However, circulation of petition among all properties in the proposed District is urged to ensure these persons are informed of the proposal on wench they may be called to vote. Altering this form in any way invalidates the entire petition. OWNER'S NAME TAX FOIAO AND PROPERTY ADDRESS DATE SIGNED Print: � a llb Sign mi Folio• _.. 0Z- 3Z3Z-00 6— 055'S Print: Address: Sign: Folio: " Print- Address: Sign: Folio: Print: Address: Sign: Folio:.. Print: Address: Sign: Folio: HIBISCUS IS16A 3 ` OVERHEAD SERVICES RELOCATION TAXIING DISTRICT MIAMI-DADE COUNTY PUBLIC WORKS TMONG DISTRICTS DIVISION To be Completed by the Department: Petition Issue Date.- 3/AM 10 Petition Received.Date: To the Petitioner. You are required to circulate this petition am(! "ink •thin the district boundaries listed below. In order for the petition to be considered a valid current.indicator of eommunr �oompleted and returned within four months from the date of issue. All submitted petition forms must be original and ool To the Board of County Commissioners or Miami-Dade County,Florida: We,the undersigned Property owners,do hereby petition Miami- Dade County, Florida, for the creation and establishment of the Hibiscus Island Overhead Services Relocation Improvement Special Taxing District. We understand that the signatures of 50%of the resident property owners within the district's boundary signing the petition will validate Board's derision. the petition If approved by the$Decd,a subsequeat Special Election Will be held for all registered voters in the district boundary to ratify the proposed Public Improvement-or Services- The proposed district will replace existing.overhead utility services with undergrounded electrical. cable television-and telephone.services within the public rights_of-way. It is understood and agreed that the final district boundaries,operation and administration of the'distrid will be determined by the Miami Dade County Public Works Department. Proposed Boundaries: All properties on IMisc us Island,Miami Beach,Florida. (See district boundary-and location sketch,Exhibit A,on reverse side) THE INDIVIDUAL PROPER'i?3t. ONE TIME LUMP SUM PAYNffiNT FOR THIS IIVIPROVEMEriT IS ESTRIIATED T'0 BE :$14,800. IF NOT PAID;T$IS.:COST-CAN.BE FINANCED THROUGH YOUR PROPERTY,TAX.BRL OVER A FD`TIMi( 5) YEAR PERIOD AT NOT THAN'1% ABOVE Tf.M COUNTY'S BORROWING RATE$UT NOT LESS THAN 7 In% PER AMVLTM:_ ADDTTIONA ME PROPERTY OWMroS.MAY INCURR E ENSMg AT THE DWELLING ASSOCIATED WITS3_ABOR.ANAA TO GH. -Ii3VATSTRAZ?E T G( AIA€ l IVI�£BR�ON3!A-M MLECWCAL SERVI CO .OTHER'UDII)ffit ROUNDED 'I}'TII;17.ffi COSTS UPGRADING [ lu'ITY CONNF.CITOT,&AiNO`INTERNAL' nIM T O-CURRENT ARDS,AND ROOF MPAIlt DUE TO REMOVAL OF OVERALAD SEI�VICB: i�NR.CIIONS TEESB COSTS ARE SPECIFICALLY NOT INCLUDED IN THE ABOVE ESMI"�°ED rn`� • "'"""' BE BORN_3 BY THE HOMEOWNER, a�V♦ai�llaaa...<.yJaJ t11W�IIA7i7P .. NOTE! Only one resident ownees signature per bousehold will count toward the 50%Code r for circulation of petition among all m the t petitiQg validation. However, Proms proposed District is urged to ensure these persons are informed of the proposal on which they may be called to vote. Altering this form in any way invalidates the entire petition. OWNER'S NAME TAX FOLIO AND PROPERTY ADDRESS DATE SIGNED [Pi e Address- = tb i 8 CAS :. �,� Folio: 3110 Ito t9Z� Z.'3.Z, ~Do5 ,-0'x,(0- _ t Address:: Folio: Print: Address:. Sign: Folio: . Print: Address: Sign: Folio:.. Paint: Address: Sign: Folio: HEscus IsLA riD OVERHEAD SERVICES REI,OCATI NT SPECIAL TAXING DWIMCT NIIANII-DARE COUNTY PUBLIC'W? f TAXING DISTRICTS DrMION To be Completed by the Department: Petition.Isst�IVR 99 AH 10/35 2009 Petition Received Dale: To the Petitioner. You are required to circulate this pettiLUitiiimmm�� Rowners within the district boundaries listed below. In order fvt the petition to be considered a valid current indicator of co Rmust be completed and returned within four months from the date of issue. All submitted petition forms must be original To the Board of County Commissioners.of IViiami-Dade County Florida: We the undersigned property owners,do hereby petition Miami- Dade County, Honda, for the aieation and establishment of the T3ibisats Island Overhead Services Relocation Improvement Spacial Taxing District We tm kmmnd that the signatures of 50%of the resident property owners within the district's boundary signing the petition will validate the Petition. If approved by the Board,a subsequent Special Election will be held for all registered voters in the district boundary to ratify the Board's decision. Proposed Public Lmproveareat or Services- The proposed district will replace existing overhead utility services with undergrou nded electrical, cable television and telephone services within the Public rights-of-way. It is understood and agreed that the final district boundaries,operation and administration of the dL=Ct will be determined by the Miami-Dade County Public Works-DepUM=L Proposed Boundaries: All properties on Hibiscus Island,Miami Beach,Florida (See district boundary and location sketch,Exhibit A,on reverse side) THE MIVIDUAL PROPERTY ONE TIME LUMP SUM PAYMENT FOR TSIS EMPROVEMEN'T IS ESTIKALTED TO BE $14,800. IF NOT PAID,THI.4.COST CAN BE F24A:NC ED THROUGH YOUR PROPERTY TAX BILL OVER A F1FIEdd (15) YEAR PERIOD AT NOT THAN 1% ABOVE THE COUNTY'S BORROWING RATE BUT NOT LESS THAN 7 In% PER ANNUl1'L ADDITIONA' Lj�, 50H PROPERTY OWNERS MAY INCQRIj E%PENSES AT THE DWE 24G ASSOCIATED W=LABOR AND MkTERIAIS NECESSARY TO TRENCH PRIVATE PROPERTY CONM� CTYOJ:IKMEM BOX MTHE IEZ: `RTCAL SERVICE:..CONNECT OTam UNDERGROLTMED TrraT CXJSIN ASSOCTAM WITH UPGRADING LTTII.i�'3t CbNNSCITON .AlaH�.3I1'TERNAL WIRING TO CURRENT,STANDARDS AND ROOF RIPAIR DUS TO REMOVAL OF..OZ AD SERVLCZ CbNNF.CTIONS THESE COSTS ARE SPECIRICALLY HOT INCLUDED IN THE ABOVE SATED COSTS Asm RnAI L BE BORNE BY THEHOMSOWIER. NOTE., Only one resident owmes signature per household will count Howard the 50%Code requirement for petition validation. However circulation of petition among all properties in the proposed District is urged to entire these persons are informed of the prdlmsal on which the: may be called to vote. Altering this form in any way invalidates the entire petition. OWNER'S NAME TAX FOLIO AND PROPERTY ADDRESM DATE SIGNED Print: Address: 35 . fd 5 y. . t 1C7 . Sign: Folio: D 2:- 37-3Z•- 006 0q"7b . Print: Address: Sign: Folios Print- Address: SIWE Folio: Print: Address: Situ Folio: . Print: Address: Ste! Folio: H1BrSCUS.ISLAND OVERHEAD SERVICES REIOCATI r4T SPECIAL TAXIING DISTRICT MIAMI-DARE COUNTY PUBLIC Wow , . SpgCIAL TAXING DISTRICTS DIVISION To be Completed by the Department: Petition Issuefia"PaGA 00P 35 2009 Petition Received Date. To the Petitioner. You are nequaed to cinulate this petition amo pep within the district boundaries listed below. In order foi the petition to be considered a valid c rient.indicator of be completed and maimed within four months from the date of issue. All submitted petition forms must be onpnala��leted in ink- To the Board of County Commissioners.of Miami-Dade County Florida: We,the undersigned property owners,do hereby petition Miami- Dade County, Florida, for the creation and establishment of the Hibiscus Island Qverhead Services Relocation Improvement Special Taxing District We understand that the signatures of 50%of the resident property owners wig»n the district's boundary signing the petition will validate the petition. If approved by the Board,a subsequent Spacial Election will be held for all registered voters in the district boundary to ratif* the Board's decision. y Proposed Public Improvement or Services The proposed district wr11 replace existing overhead utility services with undergrounded electrical, cable television-amd telephone services within the public rights-of-way. It is understood and agreed that the final district boundaries,operation and admimstra+ton of the district will be determined by the Miami-Bade County Public Worim-Department. Proposed Boundaries. All properties on Hibiscus Island,Miami Beach,Florida (See district boundary and location sketch,E-A it A,on reverse side) THE INI)MDUAL PROPERTY ONE TIME LUMP SUM PAYMENT FOR T S IIviPROVEMENT IS ESMA&TED TO BE $14,800. IF NOT PAID, IMS:COST CAN BE FINANCED THROUGH YOUR PROPER'L`Y TAR BILL OVER A FIFTEEN(I5) YEAR PERIOD AT NOT LW THAN.1% ABOVE THE COUNTY'S BORROWING RATE BUT NOT IESS THAN 7 W% PER ANNUK ADDITIONALLY, SfJMS PROPERTY OWNERS MAY INCURR EXPERM AT THE DM ARK ASSOCIATED W='LABOR AND MATERMU NECESSARY TO TRENCH PRIVATE PROPER C(�Il� CT1'O):TRMETER BO%TQ 3ME ELECMCAL.SERVICE;..CONNECT OTHER UNDERGROUNDED IlTII1T M COSIS ASSOCIATF.I! = UPGRADING COPNECIZONS A20 VgTKRNAL WIRING TO CURRENT STANDARDS AND ROOF REPAIR DUE TO REMOVAL_ OF uy y Sr:KYi( . apNNF,C~LTONS THESE COSTS ARE SPDMCAL LY NOT INCLUDED IN TUB ABOVE EMMATED COSTS AM SHALL BE BORNE BY THE HOMEOWNER NOTE: Only one resident.owner's signature per household will count toward the 50%.Code:requirement for petition validation. However circulation of petition among all properties m the proposed District is urged'to'ensure these persons are informed of tbe.proposel on which the; may be called to vote. Altering this form in any way invalidates'the entire petition. OVPNER'S NAME TAX FOLIO AND PROPERTY ADDR:ES& DATE.SIGNED 40 Pry i le Addres Sign: Folio: Print: Address: Sign: Folio: Print: Addresw: Sign: Folio: Print: Addruxs: Sign: Folio: Print: Address:. Sign:. Folio: RESOLUTION NO. 2009-27065 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ENDORSING, AS REQUIRED PURSUANT TO SECTION 18-2 OF THE MIAMI-DADE COUNTY CODE, THE CREATION BY MIAMI-DADE COUNTY OF SPECIAL TAXING DISTRICTS FOR PALM ISLAND AND HIBISCUS ISLAND,RESPECTIVELY, FOR THE UNDERGROUNDING OF OVERHEAD UTILITIES,SUBJECT TO AND CONTINGENT UPON COMPLIANCE WITH AND SATISFACTION OF THE REQUIREMENTS FOR THE CREATION OF SPECIAL TAXING DISTRICTS,AS SET FORTH IN CHAPTER 18 OF THE MIAMI- DADE COUNTY CODE. WHEREAS, the Palm-Hibiscus-Star Islands Association has approached Miami-Dade County about the establishment of Special Twang Districts for Palm Island and Hibiscus Island, respectively, to fund the undergrounding of overhead utilities, such districts to be established in accordance with Chapter 18 of the Miami-Dade County Code;and WHEREAS,the nature of the improvements generally includes removing FPL electric,AT&T telephone,and Atlantic Broadband cable TV utility lines from overhead poles and placing them in underground conduits;and WHEREAS, the improvements require.removing landscape encroachments and existing poles,digging trenches, installing conduits, baddilling trenches, replacing curb and sod, patching roadways, installing transformers mounted on concrete pads, protecting the transformers, and installing acorn lights to replace pole mounted fights;and WHEREAS,this work will improve the public rights-of-way on the portion of Palm Island west of Fountain Street and the public rights-of-way on Hibiscus Island;and : WHEREAS,the City will pay a portion of the lighting costs,totaling$25,000 on Palm Island and$70,000 on Hibiscus Island(since this work was an improvement detailed In the Star,Palm,and Hibiscus Island Neighborhood Improvements Basis of Design Report and funded in the Star,Palm, and Hibiscus Island Neighborhood Improvements Project Capital Plan);and WHEREAS,the proposed Special Taxing Districts will pay the remaining costs;and WHEREAS,'the boundaries of the special taxing districts are, on Palm Island, west of Fountain Street, and on the entirety of Hibiscus(stand; and WHEREAS, the estimated combined hard and soft costs of the improvements total $1,819,375 for Palm Island;and$2,483,527 for Hibiscus Island;and WHEREAS;as one of the conditions for the establishment of the proposed Special Taxing Districts, Section 18-2 of the Miaml-Dade County Code requires that where (as In this case)the proposed area of the County special ta)dng district is within a municipality,then the approval of the governing body of that municipality must be obtained. NOW,THEREFORE, BE IT RESOLVED BY-THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,that the Mayor and City Commission hereby endorse,as required pursuant to Section 18-2 of the Miami-Dade County Code, the creation by Miami-Dade County of Special Taxing Districts for Palm Island and Hibiscus Island, respectively, for the undergrounding of overhead utilities, subject to and contingent upon compliance with and satisfaction of the requirements for the creation of special taxing districts,as set forth in Chapter 18 of the Miami-Dade County Code. PASSED AND ADOPTED this 13th day of May .2009. ATTEST: 1�I. r - P ROBERT PARCHER,CITY CLERK HERRE B R,MAYOR TAAGENDAUOOMay 13rArtwffalm and Hibiscus Spedal TaxkV Districts Res.o doc APPROVED AS TO FORM&LANGUAGE Ak FOR ON O L E E o (D y N m O U (n C .0 Q m U U y — .S c m L y N O j O_ Q O R y t m c x L m m — 0 ~ 3 0 m v p c N aal o %0 Cl) M c 00 0% `\b'd•1y O r N oo" h e 64 Na Ge &9 i A < ? w cJ o C o d o N m m n oo +=1. y O M a'o N co %0 M.eA': o %o vL o0 > v V ri .eq 0% 4v E I m m co E N C N m N N H N 4J N m 0 _ a N N %% 00 O M V1 � W OHO q .8 o O C 'D N w m —eq 64 f p O p s► t ti 3 A vi c ev U) u O 0 J N N Q i V L w E La m E c °��m 4 C r N E oy @J 0 � 4) > E € y c y y m 0J m C Z O O O m 'n > O C O O m N L np v E " Y IL m c `) .m � v) o < 3 ai 0 _ Lnco Yarn q .. Eo 0 0 w u O Cd m — 0 N N m CN N >, c �t1 > v in >, w a �in cr c y c N d b t d to to v V d v_i C V Y a-- Du�, aci � eco F0 a 9 a � 0t E c �aNi N o° m N v o to LE o l� o o% Cl a. o � o a: N 69 � E E CD c c en c W c U u LL O e ry � C U a W q °o C14 a o 'IT %6 d c W ¢ � � e C CL � z J � t U o 0 m W g cnM $ -' E 2 LL m o � �Man a b IL j3 S 3 U. e CL � o0 m d -i >^ ra r�qq E Date: June 19, 2009 To: Esther Calas, P.E., Director Public Works Department From: Marc LaFerrier,AICP, D• Department of Planning a ening Subject: Palm and Hibiscus Islands Electrical Services Relocation Improvement Special Taxing District This is In response to your memorandum dated June 17, 2009, requesting this Department's determination that the proposed Palm and Hibiscus Islands Electrical Services- Relocation Improvement Special Taxing District conforms or conflicts with the Miami-Dade County Comprehensive Development Master Plan(CDMP). According to the information provided, the Palm, Hibiscus, and Star Islands Association Inc. is requesting the creation of an Electrical Services Relocation Improvement Special Taxing District for Hibiscus Island and approximately the west half of Palm Island, within the City of Miami Beach. The proposed district would facilitate relocating the existing overhead utility lines/cables of the Florida Power and Light Company (FPL), AT&T, and Atlantic Broadband to underground trenches within the public road rights-of-way. The existing utility poles would then be removed where possible. The residents within the district would be individually responsible for connecting their homes to the buried/underground utilities, including all associated costs. Staff has reviewed the request for establishing the subject special taxing district and finds that there is no conflict with the CDMP. Therefore, the Department has no objection to the creation of the special taxing district. Thank you for the opportunity to comment on this request. Should you or any member of your staff have any questions regarding this Information,please feel free to call Mr. Mark R. Woerner, Chief, Metropolitan Planning Section, at ext. 8768. MCLF:SB:MRW:PHC:gr l� X� Q m / W Z � O Vl m • « ^ ^ e 8 m ^ Z ^ ^ W LU • • m a ^ Z d it � U a 01— N AVM4114 Wlt/ a 1S O NId1Nno-q oz F- . . « n � w 2— ^ m .. > U) ~ X Q W J W W VI ® ® a • a a ® w ^ W G. 0 ° z a. r • a CV) W ir- e ^ ^ s n � b s « � A A vi r A w w CO, ^ ^ a « a « 0h �Z O MEMORANDUM (Revised) TO: Honorable Chairman Dennis C. Moss DATE: September 21, 2010 and Members, Board of County Commissioners O'�4k( FROM: R. A. Cuevas, Jr. SUBJECT: Agenda Item No. 5(G) County Attorney Cn Please note any items checked. "3-Day Rule" for committees applicable if raised 6 weeks required between first reading and public hearing 4 weeks notification to municipal officials required prior to public hearing Decreases revenues or increases expenditures without balancing budget Budget required Statement of fiscal impact required Ordinance creating a new board requires detailed County Manager's / report for public hearing No committee review Applicable legislation requires more than a majority vote (i.e.,2/3's , 3/5's , unanimous ) to approve Current information regarding funding source, index code and available balance, and available capacity(if debt is contemplated) required Approved Mavor Agenda Item No. 5(G) Veto 9-21-10 Override ORDINANCE NO. ORDINANCE CREATING AND ESTABLISHING A SPECIAL TAXING DISTRICT IN MIAMI-DADE COUNTY, FLORIDA, KNOWN AND DESCRIBED AS HIBISCUS ISLAND OVERHEAD SERVICES RELOCATION IMPROVEMENT SPECIAL TAXING DISTRICT IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 18 OF THE CODE OF MIAMI- DADE COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Miami-Dade County Home Rule Amendment to the Florida Constitution (Article VIII, Section 6) grants to the electors of Miami-Dade County power to adopt a home rule charter of government for Miami-Dade County, Florida, and provides that such charter may provide a method for establishing special taxing districts and other governmental units in Miami-Dade County from time to time; and WHEREAS, the Home Rule Charter adopted by the electors of Miami-Dade County on May 21, 1957, provides that the Board of County Commissioners, as the legislative and the governing body of Miami-Dade County, shall have the power to establish special purpose districts within which may be provided essential facilities and services, including the underground burial of existing overhead utility services, and that all funds for such districts shall be provided by service charges, special assessments, or general tax levies within such districts only, and that the County Commission shall be the governing body of all such districts; and WHEREAS, pursuant to such provisions of the Florida Constitution and the Home Rule Charter, the Board of County Commissioners duly enacted Chapter 18 of the Code of Miami- Dade County, Florida, providing for the creation and establishment of special taxing districts and J prescribing the procedures therefor; and 2� Agenda Item No. 5(G) Page No. 2 WHEREAS, in accordance with the provisions of Chapter 18 of the Code of Miami- Dade County, Florida, a petition for the creation of a special taxing district to be known as the HIBISCUS ISLAND OVERHEAD SERVICES RELOCATION IMPROVEMENT SPECIAL TAXING DISTRICT duly signed by more than 50% of the resident owners of property within the proposed district, was filed with the Clerk of the County Commission. Such petition prayed for the creation and establishment of a special taxing district for the purpose of providing for the underground burial of existing overhead utility services to be financed solely by means of special assessments levied and collected within the area therein and hereinafter described;and WHEREAS, upon receipt of such petition the Clerk of the County Commission transmitted a copy thereof to the County Manager who examined it and filed a written report with the Clerk certifying that such petition was sufficient in form and substance and signed and properly presented in accordance with the requirements of Chapter 18 of the Code of Miami- Dade County, Florida; and WHEREAS, the County Manager, after making appropriate investigations, surveys, plans and specifications, compiled and filed with the Board of County Commissioners his written report and recommendations setting forth the boundaries of the proposed special taxing district, the location, nature and character of the utility undergrounding improvement project to be provided within the proposed district, an estimate of the cost of constructing such project, certifying that the proposed project and proposed district conform to the master plan of development for the County, and setting forth his recommendations concerning the need for and desirability of the requested project, the ability of the affected property to bear special assessments for financing the cost of such project, and expressing his opinion that the property to be specially assessed will be benefited in excess of the special assessments to be levied, an estimate of the amount to be assessed against each unit of benefited property within the proposed district, and the County Manager attached to such report and recommendations a map or sketch showing the boundaries and location of the proposed district. Such report and recommendations of the County Manager was filed with the Clerk, transmitted to the Chairman, and a copy is attached hereto as Exhibit A and is incorporated herein by this reference; and 2- 3 Agenda Item No. 5(G) Page No. 3 WHEREAS, it appearing to the Board of County Commissioners from such report of the County Manager and other investigations that the project petitioned for would be of special benefit to all property within the proposed district and that the total amount of the special assessments to be levied would not be in excess of such special benefit; the Clerk of the Board certified the place, date and hour for a public hearing on the petition of the property owners and the report and recommendations of the County Manager-- said hearing was held on Thursday, . Copies of said public notice were duly published in newspapers of general circulation published in Miami-Dade County, Florida, and copies thereof were posted in not less than five (5) public places within the proposed district, and copies thereof were mailed to all owners of taxable real property within the boundaries of the proposed district as their names and addresses appear on the latest Miami-Dade County real property tax roll; and WHEREAS, pursuant to said notice, the Board of County Commissioners on Thursday, , held a public hearing in accordance with the provisions of said Clerk's certificate, at which public hearing all interested persons were afforded the opportunity to present their objections, if any, to the creation and establishment of the proposed special taxing district; and WHEREAS, the Board of County Commissioners, upon review and consideration of the report and recommendations of the County Manager and the views expressed by the property owners within the proposed special taxing district, has determined to create and establish such special taxing district in accordance with the report and recommendations of the County Manager, and the provisions of Chapter 18 of the Miami-Dade County Code, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA: Section 1. In accordance with the provisions of Chapter 18 of the Code of Miami-Dade County, Florida, a special taxing district located entirely within the city limits of the incorporated municipality of the City of Miami Beach, known and designated as the HIBISCUS ISLAND OVERHEAD SERVICES RELOCATION IMPROVEMENT SPECIAL TAXING DISTRICT is hereby created and established. 2 �1 Agenda Item No. 5(G) Page No. 4 Section 2. The area or boundaries of this proposed special taxing district are as follows: All properties on Hibiscus Island, Miami Beach, Florida. The area and location of this proposed special taxing district are shown on the map or sketch which is made a part hereof by reference. Section 3. The improvements to be provided within this proposed special taxing district will consist of the following: The relocation from existing overhead to underground burial of the primary and secondary electrical distribution system along with telephone and cable television service lines. Section 4. The estimated cost to the property owners for the construction and installation of the underground burial of existing overhead utility services is $1,834,581.00. In addition to these costs must be added engineering, administrative, financing, and other costs for an estimated total district cost equal to $3,812,249.11. The County will advance funds for the construction of this project, which sum shall be reimbursed by special assessments. It is anticipated that the County shall issue bonds in an approximate aggregate amount equal to $2,637,989.47 to finance the cost of such improvements. Said bonds shall not be a general obligation of the County, but shall be payable solely out of said assessments, installments, interest, penalties and any other revenues legally available for such purpose. An ordinance authorizing the issuance of these bonds and setting forth the terms and conditions thereof will be brought to the Board at a later date for its consideration and approval. It is estimated that the cost per assessable unit of real property within the proposed district is $21,062.15. Section 5. It is hereby declared that said project will be a special benefit to all property within the proposed special taxing district and the total amount of special assessments to be levied as aforesaid will not be in excess of such special benefit. Agenda Item No. 5(G) Page No. 5 Section 6. The County Mayor or the Mayor's designee is hereby authorized and directed to take all necessary step to enter into an Interlocal Cooperation Agreement with the City of Miami Beach, wherein it will be provided that the City of Miami Beach will assume full responsibility for the construction and installation of the underground burial of existing overhead utility services. Section 7. The County Mayor or the Mayor's designee is authorized and directed to cause the construction and installation of said utility undergrounding improvement project to be accomplished within the district in accordance with the provisions of this Ordinance and said Interlocal Agreement. Section 8. The County Mayor or the Mayor's designee is further directed to cause to be prepared and filed with the Clerk of the County Commission a Preliminary Assessment Roll in accordance with the provisions of Section 18-14 of the Code of Miami-Dade County, Florida. The Finance Director shall mail a bill for the total amount of the special assessment to each property owner within the proposed district, which may be paid within thirty days without interest. Thereafter, as authorized by Section 197.363, Florida Statutes, all special assessments levied and imposed under the provisions of this Ordinance shall be collected, subject to the provisions of Chapter 197, Florida Statutes, in the same manner and at the same time as ad valorem taxes. In accordance with utilization of the ad valorem tax collection method, if such special assessments are not paid, when due, the potential for loss of title to the property exists. In the event the assessment roll for the first year (2010-11) is delivered after the tax bills have been mailed, the Tax Collector will mail a supplemental bill to include the special assessment herein authorized. In each of the subsequent fourteen years the special assessment authorized herein and which has not been paid in full will be collected on the annual tax bill. Section 9. A duly certified copy of this Ordinance shall be filed in the Office of the Clerk of the Circuit Court of Miami-Dade County, Florida, and recorded in the appropriate book of records. Section 10. The provisions of this Ordinance shall take effect when approved at an election to be formally called by this Board and noticed and conducted as this Board shall 26 Agenda Item No. 5(G) Page No. 6 determine by Resolution, unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board and an approval by a majority of those voting at the election referred to herein. I PASSED AND ADOPTED: Approved by County Attorney as to form and legal sufficiency: Prepared by: �C James K. Kracht Prime Sponsor: Commissioner Bruno A. Barreiro Exhibit B INTERLOCAL AGREEMENT BY AND BETWEEN MIAMI-DADE COUNTY, FLORIDA AND THE CITY OF MIAMI BEACH FOR THE UNDERGROUND BURIAL OF EXISTING OVERHEAD ELECTRICAL, TELEPHONE AND CABLE TELEVISION SERVICE LINES FOR THE HIBISCUS ISLAND OVERHEAD SERVICES RELOCATION IMPROVEMENT SPECIAL TAXING DISTRICT PURSUANT TO ORDINANCE NO. 10-51 THIS INTERLOCAL AGREEMENT, made and entered into this day of , 2012, by and between MIAMI-DADE COUNTY, FLORIDA(the "COUNTY"), a political subdivision of the State of Florida, and the CITY OF MIAMI BEACH, FLORIDA (the "CITY"), a municipality organized and existing under the laws of the State of Florida. WHEREAS, Section 163.01, Florida Statutes and the Miami-Dade County Home Rule Charter, as amended, permit the COUNTY and the CITY to enter into interlocal agreements; and WHEREAS, the Commission of the City of Miami Beach passed and adopted Resolution No. 2009-27065, approving the creation of the HIBISCUS ISLAND OVERHEAD SERVICES RELOCATION IMPROVEMENT SPECIAL TAXING DISTRICT; and WHEREAS, the Miami-Dade County Board of County Commissioners, by adoption of Ordinance No. 10-51 on September 21, 2010, created the HIBISCUS ISLAND OVERHEAD SERVICES RELOCATION IMPROVEMENT SPECIAL TAXING DISTRICT, pursuant to Chapter 18 of the Code of Miami-Dade County, Florida, and Section 1.01 (a) (11) of the Miami-Dade County Home Rule Charter, as amended, and authorized the County Mayor or the Mayor's designee to enter into this Interlocal Agreement with the CITY to provide the capital improvements for the District; and WHEREAS, the District was approved on December 7, 2010, by a majority vote of qualified electors residing within the District; and WHEREAS, the parties hereto, for the consideration herein as set forth mutually agree as follows: 1. The CITY shall design, construct and install or cause to be designed, constructed and installed for the subject District all capital improvements necessary to affect the underground burial of existing overhead electrical, telephone and cable television service lines, in accordance with the minimum standards and requirements set forth by the CITY, the Florida Power and Light Company, AT&T, and Atlantic Broadband Cable. 2. The improvements approved to be constructed shall be located within the public Rights-of-Way. The boundaries of the HIBISCUS ISLAND OVERHEAD SERVICES RELOCATION IMPROVEMENT SPECIAL TAXING DISTRICT are shown on the attached Exhibit A. 3. The COUNTY shall reimburse the CITY for all costs of contract administration, labor, materials and supplies necessary to provide the capital improvements described herein. Total cost not to exceed $1,834,581.00 4. The COUNTY, from special assessments collected from within the District, will pay in full to the limit specified in Section 3 all costs incurred by the CITY within 30 days of receipt of itemized final invoicing. 5. The CITY shall indemnify and hold harmless the COUNTY and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the COUNTY or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Agreement by the CITY or its employees, agents, servants, partners, principals or subcontractors. The CITY shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the COUNTY, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. Provided, however, this indemnification shall only be to the extent and within the limitations of Section 768.28 Florida Statutes, subject to the provisions of that Statute whereby the CITY shall not be held liable to pay a personal injury or property damage claim or judgment by any one person which exceeds the sum of$100,000, or any claim or judgment or portions thereof, which, when totaled with all other claims or judgment paid by the CITY arising out of the same incident or occurrence, exceed $200,000 from any and all personal injury or property damage claims, liabilities, losses or causes of action which may arise as a result of the negligence of the CITY. IN WITNESS WEREOF, the parties having caused this Interlocal Agreement to be executed by their respective and duly authorized officers. [Remainder of Page Intentionally Left Blank--Signature Page and Exhibit to Follow] CITY OF MIAMI BEACH, MIAMI-DADE COUNTY, FLORIDA FLORIDA CITY MANAGER COUNTY MAYOR OR BY ITS CITY COMMISSION MAYOR'S DESIGNEE ATTEST: CITY CLERK DEPUTY CLERK (SEAL) RISK MANAGEMENT (if applicable) APPROVED as to Form APPROVED as to Legal Form and Language and for Execution CITY ATTORNEY ASSISTANT COUNTY ATTORNEY Exhibit C Eighth Revised Sheet No.9.725 FLORIDA POW-ER& LIGHT COVIPAINY Cancels Seventh Revised Sheet No.9.725 L3`iDERGROLTN"D FACILITIES CONVERSION AGREEMENT— GOV-ERNMEN'TAi:ADJUSTMENT FACTOR WAIVER This Agreement is made and entered into this day of 20 by and between CITY OF NIL-_;\Q BEACH ("Local Government Applicant''), a Florida municipal corporation or county with an address or _1700 Convention Center Drive. ti[iami Beach. FL 33139-and FLORIDA POWER&LIGHT CONL°.-_ti-Y('TPL"),a Florida corporation with an address of P.O.Box 14000, 700 Universe Boulevard;Juno Beach, FL 33403-0429. %V?H,:EREAS, the Local Government Applicant has requested that FPL convert certain overhead electric dism-bution facilities located within the following boundaries(the"Conversion'): Pjbiscus Island located in Vliami Beach, FL (see attached drawings, WR - 308543 1) (collectively, the "Existing Overhead Facilities") to underground facilities, including transformers, switch cabinets and other appurtenant facilities installed above ground as set forth in Attachment A hereof(collectively.,the"Underground Facilities"). NOW THEREFORE; in consideration of the foregoing premises and the covenants and agreements set for-Lh herein. and other consideration the sufficiency of which is hereby acknowledged, the carries intending to be legally bound, hereby covenant and agree as follows: 1. Governmental Adjustment Factor Waiver ("GAF Waiver") Eligibility Criteria. The Local Government Applicant recresents and warrants that it meets the following eligibility criteria for the Conversion: a. In order for the Conversion to incorporate a sufficient amount of overhead facluies to provide electrical continuity, the Conversion must include a minimum of approximately 3 pole line miles or approximately 200 detached dwelling units within contiguous or closely proximate geographic areas(the"Conversion Area"). The Conversion may be completed in mutually agreed upon phases;with the project size minimums applying to the aggregate project — provided that any necessary subsequent phase begins within a 1 year period from completion of the prior phase and the minimums are met within;at most 3 phases;and b. The Local Government Applicant must require all customers within the Conversion Area who currently have overhead service directly from the Existing Overhead Facilities to convert their service entrances to underground within 6 months of completion of the Underground Facilities installation or each phase thereof; and c. The Local Government Applicant must be willing and able to execute a right of way("ROW')agreement With FPL if the Local Government Applicant requests that facilities be placed in the ROW:and d. For any affected laterals; the complete lateral must be converted, including all stages of any multi-stage lateral: and The Local Government applicant must demonstrate to the reasonable satisfaction of FPL that the sum of the GAF Waiver credit plus any federal or state funds that the Local Government Applicant is able to use to support the Conversior does not exceed the otherwise applicable CU%C as calculated before application of the 6AF Waiver. Special Circumstances. Conversions which do not meet the project size minimums described in section I.a are eligible for the GAF Waiver in the followiing special circumstances: L 100%of the Existing Overhead Facilities within the Local Government Applicant's corporate limits are to be convened;but are less than the pole line mileage or dwelling unit minimums;or ii. A single lateral that serves at least one Critical Infrastrucrure Facilin• as determined by the appropriate local agency with the mutual agreement of FPL;or iii. An island or peninsula where 100%ofthe Existing Overhead Facilities are to be converted;or (Continued on Sheet`o-9.726) Issued bv: S. E. Romig, Director; Rates and Tariffs Effective: April 6;null 11 Fifih Revised Sheet No. 9.726 FLORIDA POW-ER& LIGHT CONPA-N_• Cancels Fourth Revised Sheet No.9.726 (Continued;7om Sheet No.9.72:) iv. When the agge_ate size of the first 3 phases of a project would satis:y the minimum size criteria but, for murually-a_reed engineering or logistical reasons, those phases are non-contiguous: provided that (a) the next(-:s') phase must be adjacent to one or more of the fast 3 phases such that the combined contiguous area meets the minimum size criteria, and ('o) this 4h phase begins within I year from completion of the 3'1 phase. 2. Contribution-in-Aid-of-Construction (CL-kC). The Local Gm e=er.t applicant shall pay FPL a CLAC as required by FPL's Electric Tariff and Section 25-6.11; of the Florida Administrative Code with the Otherwise Applicable CLAC amount reduced by the GAF Waiver. i. Other.vise Applicabie CLAC S_ 776:633 E. GAF Waiver S_ 342.253 iii. CL-LC Due S 13-'.-'13 (Cust. performs some UG work—CSC) In the event the actual cost of the Conversion exceeds the estimate, the Othervise Applicable CL-1C shall be adjusted by the lesser of(a)the difference between the actual cost of the Conversion and the estimate, or Cc) 10% of the Otherwise applicable CLAC identified above. The GAF Waiver shall also be adjusted accordingly and the Local Government Applicant shall pay FPL the resulting difference Ln the amount of the CLkC Due. 3. Applicant-Installed Facilities. icte Local Government Applicant may, upon enier,-i, into an applicant- installed facilities a°_*eerient Satisfactorf to FPL, construct and install all or a person of the UndeC?round Facilities. Such work must meet FPL's construction standards and FPL will own and maintain the completed facilities. The Local Government Applicant a!-_,_r,-es to rectify any deficiencies; found by FPL, prior to the connection of any customers to the Underuound Facilities and the removal of the Existing Overhead Facilities. 1. Compliance with Tariff. The Local Gove.,,ment applicant agrees to comply with and abide by the requirements, terms,and conditions of FPL's Electric Tariff. 5. Timing of Conversion. Upon compliance by the Local Government Applicant with the requirements, terns, and conditions of FPL's Electric Tartu, this and any other applicable agreements, FPL will proceed in a timely manner with the Conversion in accordance writh the construction drawings and specifications set ford, in Attachment A hereof. 6. Relocation. In the event that the Underground Facilities are par of,or are for the purposes of,relocation,then this Agreement shall be an addendum to the relocation agreement between FPL and the Local Government"applicant. In the event of any conflict be ween the relocation azeemem and this agreement or the Electric Tar , this Agreement and the Electric Tarim shall control. 7. Term. This Agreement shall remain in effe cr for as long as FPL or any successor or assign owns or operates the Under-round Facilities. S. GAT Waiver Repayment. If the Local Government Applicant does not Satish:the relevant eligibili-:criteria.the Local Government Appiicant shall repay the G.-\-F Waiver within 30 days of wriren notice 6-om FPL of such failure. Addirionally, if at any point within 30 vears of completion of the Underground Facilities installation, the Local Government Applicant elects to have electric service within the Conversion area supplied by a provider other than FPL, the Local Government Applicant shall repay FPL a pro-rata Share of the GAF Waiver. The pro- rata share(which shall reflect partial years)shall be detcrtnined as loilows: (j F Waiver* ((•30—years since the Underaound Facilities completion date)1 301 (COfii7!ti:d on Sheet N0. 9.727) F Issued by: S. E. Romig, Director. Rates and Tariff's Effective: April 4. 2006 FLORIDA POWER&LIGHT CONIPA!YY Orieinal Sheet No.9.72-7 (Continued from Sheet No. 9.726) 9. Termination Prior to the Conversion Completion. Failure by the Local Government Applicant to comply with any of Lhe requirements,terms,or conditions of this Agreement or FPL's Electric Tart small result in termination of this Agreement. The Local Government Applicant may terminate this Agreement at any time prior to the start of the Conversion and the CLAC paid by the Local Government Applicant will be refunded to the Local Government Applicant;provided however,that the refund of the CIAC shall be offset by any costs incurred by FPL in performing under the Agreement up to the date of termination. 10. Assignment. The Local Government Applicant shall not-sign this Agreement without the written consent of FPL. 11. Adoption and Recording. This Agreement shall be adopted by the Local Government Applicant and maintained in the official records of the Local Government Applicant for the duraticn of the term of this Agreement. This Agreement also shall be recorded in the Official Records of the County in which the Underzotmd Facilities are located,in the place and in the manner in which deeds are typically recorded. 12. Conflict between Terms of Franchise Agreement. In the event of a conflict between the terms of this agreement and any permit or franchise agreement entered into by Local Government Applicant and FPL, the terms of,his Agreement shall control. LY WITNESS WHEREOF, FPL and the Local Government Applicant have executed this Agreement on the date first set forth above. CITY OF�IL-0y11 BEACH FLORIDA POWER& LIGHT CO:vIPANTY Signed Signed Name Name Title Title Sianed Name itle Approved as to Terms and Conditions Signed Name Title Approved as to Form and Legal Sufficiency Signed Name Title Issued bv: S.E.Romig,Director,Rates and Tariffs Effective: April d,2006 Overhead to Underground Conversion - Customer Cost Sheet Project: City of Miami Beach -Hibiscus Island Date Estimate Provided to Customer: Oct. 24,2011 Cust.performs work- Conduit&concrete products Underground Cost New UG Installation,;-) 5-c85,537 Ccst for FPL tc install r,ero underground :-alines E.Livalent OH Irstallation(-) (3359,598) Ccst io install art overhead system at current hardening standards Existing Overhead Cost CH Removal Cost&Make ready(= S134,659 Ccst.-'Cr FPL to remove existing overhead facilities Existing OH Value(-; 318,085 Net Scck Value of existirc CH facilities tc to removed SaiV2ce Value(-! Credit for re-usable items Subtotal' 3776.683 Tctal customer ccrtrbuticr.as specified in Tariff 12.2.3 GAF ($342;2651 CIAC $434,418 Engineering Deposit(-) ($9,926) =ncmeenng deposit er_vicusly collected Net Due FPL 3424,492 Total custer„er contrbuilen coved :: - - -- — - - -- _ -- Cost Breakdowns for Customer Contributions Total LaborNehicle Material Direct Engineering, Supervision,and Support New UG Facilities(=1 3985,537 ;$289,840 5396,616 $299,081 Credit for equivalent CH(-) (5359,592) (5154,963) (5147,119) (557,515) CH Removal Cost& Make ready( S13-.659 $i 14.516 Sc3 $20,C90 Total $760,598 $249.393 $249,550 3261,655 Net Bock Value(=) 316.085 Salvage Value(-) $0 Subtotal` $776,683 GAF ($342.265) CIAC $434,418 Engineering Deposit O (59,925) Net Due FPL $424,492 Major Material Breakdown Quantity Item 23, 58 Primary UG Cable(feet) Install 2 UG S.viich Cabinet 47 UG Trarsforner(each) 0 Sclice tox for UG feeder(each) 15,GC 1 CH Prmar/Conductor(,e=t Remove 7 Poles(each) 47 CH T;ansform„er(each) r`r.ary UG Cable;feet) �3iST.aie:nC!UCes 3G0 0CQ-,'Cr INlainienaince n-f I r 3-ic ---------- ----------- ':0 7-71Z Liz 7 r ---- ------------ ----- LILL If 'ri is 32 171 3t T,7 ---IM 14 11 ---------- -------- 2 7 Nil q ----------- ------------------------------- PI Q ICI ic 80 In e: i 'CC1 7 Z z Z --------------- ----------- ------------------------- ---I------ ------------ ln h—V If —1--------- ,!as ------------ ' ,:,;,;, '; � -� � _�—� _ ' z _„i jai 1'.j -Ij ._j niccl ------------------------------------- -------------------------------- ----- — 2 25 1'r—--------- T7— 4-1'--1 2':- ------------------------------- 'El zv'4 - -------------------------- —D N. ---------------- ------- ----------------------------- Z------- --------------------------------------------- ----------------------------- c -m IIN ' \`,' � ­ww—2: in:= z c 7, 9-101S 3MG "S -------------- =- --------------- ---------------- - ------------------------------------- ---------------------- ------------------------- 12----------------------------------------------- col C:C: ------------ 71 Ao, i J 77 --------------------------- z.z- i2 14 12-1 -- ------------------------------------- --------------------------- ---------- cl his s 4i . .� IT lcl cl cl tz FUI 4 '171 iL - ----------- - ------��r ELL 41 --------------------------- I C7 -------------- -------------------- J 2 75 74 a ccl --------------------- --------- -------------------------------------------------------------- 3TI UL z 5,z /lie, 7z-- 3i 12 A A ccl iml pRl 3 ml CC -- -- 0>e pMa ?-5 -Nrp.:!vw-TEA --------------------------------------------T-------------- ----- IL �l_�i�-----ice,, :i� i� ! � i � I131_'�! 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