R7B-Take Actions Pertaining To Undergrounding Of Overhead Utilities On HibiscusCOMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission OfThe 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 lnterlocal Agreement With Miami-Dade County, Florida, Which Agreement Is
Being Established For The Purpose OfThe 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 OfThe 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
lnterlocal 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: I Shall the Mayor and the City Commission approve the Resolution?
Item Summary/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 lnterlocal 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 lnterlocal 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 April24, 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 lnterlocal Agreement
Advisory Board Recommendation: I Not applicable.
Financial Information·
Source of Amount
Funds: 1 $1,834,581
I ~ I 2
OBPI Total $1,834,581
Financial Impact Summary:
Si n-Offs:
Department Director
MIAMI BEACH
Account
City's Line of Credit (LOC)
379
AGENDA ITEM ,__,R'--"--'7=J3 __
DATE q-11-1 z_
m MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachR.gov
TO:
FROM:
DATE:
SUBJECT:
COMMISSION MEMORANDUM
Mayor Matti Herrera Bower and Members of the City Commission
Jorge M. Gonzalez, City Manager ~vrt
April11, 2012 U
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 lnterlocal
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
380
Commission Memorandum
Hibiscus Island -lnterlocal Agreement
April11, 2012
Page 2of3
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 lnterlocal 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
ATI 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.
381
Commission Memorandum
Hibiscus Island -lnterlocal Agreement
Apri/11, 2012
Page 3of3
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 lnterlocal 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 -lnterlocal Agreement
Exhibit C -Underground Facilities Conversion Agreement
DB\FV\JG\RA\MER
T:\AGENDA\2012\April11\ Hibiscus lnterlocal Agreement\ Hibiscus lnterlocal Agreement MEMO.doc
382
RESOLUTION NO.----
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
383
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 lnterlocal 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 lnterlocal 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 City would initially pay this amount to FPL it would
be reimbursed for same by the County once the lnterlocal 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 lnterlocal 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 lnterlocal 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 lnterlocal Agreement
PASSED AND ADOPTED this __ day of ____ ,, 2012.
ATTEST:
ROBERT E. PARCHER, CITY CLERK
T:\AGENDA\2012\April11\ Hibiscus lnterlocal Agreement\ Hibiscus lnterlocal Agreement
384
Exhibit A
MEMORANDUM
TO: Honorable Chairman Dennis C. Moss DATE:
and Members, Board of County Commissioners
Agenda Item No. 5(G)
(PUblic Hearing 9-21-10)
July 20, 2010
FROM: R. A. Cuevas, Jr. SUBJECT: Ordinance creating and
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
County Attorney
The accompanying ordinance was prepared and placed on the agenda at the request of Prime
Sponsor Commissioner Bruno A. Barreiro.
County Attorney
RAC/jls
(
385
Date:
To:
From:
Subject:
(Public Hearing 9-21-10)
July 20, 2010
d HIAMD Memoran urn Bm1
Honorable Chairman Dennis C. Moss
an~de Board of County Commissioners
Georg ~
Co Manager
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.
386
Honorable Chairman Dennis C. Moss
and Members, Board of County Commissioners
Page2
Background
Boundaries:
Number of Parcels:
Number of lots or Parcels
Assessed as 1 Unit
Number of Resident Owners:
Number of Owners With Homestead
Exemption Signing Petition:
Preliminary Public Meeting:
Type of Improvements:
Required Referendum:
Preliminary Assessment Roll:
Estimated Completion:
Estimated Initial Billing:
387
All properties on Hibiscus Island, Miami
Beach, Florida
182
181
104
63 or 60.6% of the resident property
owners.
To be held in August 2010.
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.
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.
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.
September 2011.
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.
Honorable Chairman Dennis C. Moss
and Members, Board of County Commissioners
Page3
Estimated Total District Cost:
Method Of Apportionment:
Estimated Assessment
Cost Per Assessable Unit:
First Year
$3,812,249.11
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.
388
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 wilt 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
389
Hibiscus Island Overhead Services Relocation
Improvement Special Taxing District
Page2
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
Assessed as 1 Unit
ESTIMATED COSTS
Construction Costs
Engineering & Administration Costs
Advertising, Printing, Mailing
Election and Collection Costs
Bond Including Interest Costs
Contingency Costs Including Discount
Estimated Total District Cost
SAMPLE ASSESSMENTS
Total Cost to District
Cost Per Assessable Lot or Parcel
Assessed As 1 Unit
181
$1,834,581
20,000
10,377
1,579,260
368,031
$3,812,249
$3,812,249
$21,062
The assessment shown above is representative of costs for typical lots or parcels within the District.
b
390
Hibiscus Island Overhead Services Relocation
Improvement Special Taxing District
Page3
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 (1%) over the County's borrowing rate but no less than
seven and a half percent (7% %), 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
391
Hibiscus Island Overhead Services Relocation
Improvement Special Taxing District
Page4
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 201 0 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)
(2)
(3)
(4)
(5)
Copy of Validation Memo and Petition Sample to the Clerk of the Board
Copy of Resolution from the City of Miami Beach
Copy of City Miami Beach Cost Estimate
Copy of Memo from Department of Planning and Zoning
District Boundary Map (Exhibit A)
392
Memorandum U.\tr.8
Date: April26,2010
To:
From:
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 riumber 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 1248.979.801.00
Utilizing· Hotnestead Exemption as the basis for the resident owner reqolrM1ent, we certify that this petition
does contain the signatures of 50% of the resident property. owners wWltri tfle, proposed District boundaries
as req':fired by the Code; therefore, the subject petition Is valid.
Attachment
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InBISCUS ISLAND·
OVERHEAD SERVICES RELOCATION IMP. NT SPECIAL TAXING DISI'RICT
MIAMI-DADE COUN1YPUBLICWORKS D ~TAXING DISIRICI'S DIVISION PUll .
TobeCompletedbytheDepartment: PetitionissueDate: __!QL_ 13/ • zF PetitionReceivedDate: _1 __ ! __ !_
. 20\0 APR -9 --MtiD·
To the Petitioner: You are required to circulate this petition aniOng all property owners within the district boun<la:ries listed below. In order f<
the peti?on to be oonsi?ered a ~id current indicato~ ~f oomm~~ be oompleted and returned within _four months from tt
date of JSSUe. All subm1tte9 petition forms must be onginal and~ fWifSllltl
To the Board of County Commissioners or M"sami-Dade County. Florida: We, the undersigned property owners, do hereby petition M"llllD.
Dade County, Florida. for the aeation and establishinent of the Hibiscus Island CM:head Services Relocation Improvement Special Taxin
District. We understand that the signatures of 509& of the resident property owners within the district's boundacy signing the petition will validat
the petition.. If approved by the Board. a subsequent Special Election vvill be held for all registered voters in the district boundacy to ratify th
Board's decision.
Proposed Public Jmprovement or Services: The proposed district will replace eJCistiog ovetbead ~services with undergrounded eledrica
cable television·~ telephone sezvices within the public rights-of-way. It is undelstood and agreed tbat the :fioal district boundaries, operatio
and a~ of the district will be determined by the Miami-Dade County Public Worlcsi>epartment.
Proposed Boundaries: All properties on Hibiscus Island, Miami Beach, Florida.
(See district boundary and location sketch, Exhibit A, on reverse side)
-
THE INDIVIDUAL PROPERlY ONE TIME LUMP SUM PAYMENI' FOR THIS IMPROVEMENT IS ESTIMATED TO. Bl
$14,800. W NOT PAID; THIS COST CAN BE FINANCED THROUGH YOUR PROPERTY TAX Bll.L OVER A FIFI'EEN (15
YEAR PERIOD AT NOT LESS THAN 1~ ABOVE THE COUNTY'S BORROWING RATE Bur NOT~ THAN 7 112% PEl
ANNUM. AQDmONg,LX. SOME PROPERTY OWNERS MAY INCURR EXPENSES AT THE DWELLING ASSOOATEI
WITH LABOR AND MATERIALS NECESSARY TO TRENCHPRiyATE PROPERTY. CONNECl' YOUR METER BOX TO TBl
ELECrRICAL _sERVICE,. CONNECT OTHER UNDERGROUNDED Ul'ILlTIFS. COSI'S ASSO~ WITH UPGRADll~C
UTILITY CONNECfiONS AND INTERNAL WD.UNG TO CURRENT STANDARDS. AND ROOF jUWAIR DUE TO REMOVAl
OF OVERHEAD SERW:m CONNECfiONS. THESE COSTS ARE SPECIFICAlLY NOT INCLUDED IN THE ABOVl
ESTIMATED COSTS AfiDS&LLBEBO~BY THE HOMEOWNER. . · . . .
. .
NOTE: Only one ~ideot owner's signature JlCl' household will count toward the m ewe requiremettt for peti~on valid&tion. Howe'Vl
circulation of petition among all properties in the proposed District is urged to oosure these penollli are infolliJ.e:d of Ole proposal on which th
may be called tO vote. Altering this form in any way inftlidates the entire petition.
OWNER'S NAME DATE SIGNED
~-=P:..:.:rin=t:~~-lJt!!SI~-l......l~::L-.J'--~--=====-..!:::::52!~.J.::::::!.~~~~....::::...:.---I l o.~ I or
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394
To be Completed by the Department: Petition Issue IW\tf A~ M{:i{)l 24 2009 Petition Received Date: _I_ I I
To the Petitioner. You are required to circulate this petitio~amO . within the district bo~es listed below. In order for
the petition to be considered a valid current. ipdicator of co . . ' · · · • . be <:Ompieted and returned within four months from the
date of iSsue. All submi~ petition fonns must be original anD in ink. ·
To the Board of County Commissioners.ofMiami-Dade County, Florida: We. the undersigned property owners, do hereby petition Miami-
Dade County, Florida, for .the aeation and. establishment of the Hibiscus Island Ovethead Servi<:es Relocation Improvement Special Taxing
District. We undecstand that the signatures of 50% of the resident property owners within the district's boundary signing the petition will·~te
the petition. If appro~ by the Board, a subsequent Special Election will be held for aU registered voteis in the district boundary to ratify the
Board's decision.
:Proposed Public Improvement or Services: The proposed district will replace existing.o~ ~ty services with und~ electrical,
cable television·~ telephone-services within the public rights.-of-way. It .is undmtood and agrtie4 that the final district boundaries, operation
and a~tion ofthe'district will be detemlined by the Miami-Dade County Public Wori:s·nePartmenl · ·
NOTE: Only one resident o~~ signature per houSehold will c:Ount toward ~-SO% % ~ for petition ~tion. However,
circulation of petition among all p10pemes in tlie propo~ D~ is urged to ensure these ¢ts9ns a,re informed of the proposal on which they
may be called to vote. Altering tliis ~onn in any way invalidates the entire petition. · · ·
..
. . , .. . OWNER'SN~ TAX FOJ;JO AND PROPER1'Y ADDIUtSS DATE SIGNED
. <.; t ""' -... ; (Y) K:tnJ' . ~db: \.D\. N \h\5\~ .. -~~-:?:/lb/fo-. Print: ~.J et .xl>. r · ~ ~
s· ~ m~ ~ ·~.-:!!.......~ Folio: o<.-"3Z3Z.-OO 6':· "o ss-s-lgll.. . ........ ~ "")
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395
. . BlBJSCUS IS
OVERHEAD SERVlCES RELOCATION· TAXING DISTlUCf
MIAMI-DADECOUNIYPPBUC WORKS~ . TAXING DISTRICfS DIVISION
To be Completed by the Department: PetitionJssueDate:z~R -93t~M \0~ Petition~vedDate: _1_ I I
T~the.~etitioner: Y~uarereq~to~a'?thispetitionamo.-:· ,. • , .·thinthedistrictbo~~~below. In_orderfor
the petitiOn to be considered a ~d current. ~tor of comm~i . · · M · mpleted and returned Within four months from the
date of iSsue. All submi~ petition forms must be original and conlf> mink. ·
· To the Board of County Commissioners or Miami-Dade Counn_, Florida: We, the undersigned property owners, do hereby petition Miami-
Dade .County, .florida, for the aeation and. establishment of the Hibiscus Island Ovedlead Services Relocation Improvement Speclal Taxing
District. We undemand that the signatures of SO% of the resident property owners within the district's boundary signing the petition will-v~idate
the petition. If approved by the Board. a subsequent Special Electi~n will. be held for all registered voteis in the district boundary to ratify the
Board's decision.
froposed Public Improvement-or Senices: The proposed ~ will replace existing overhead :utifio/ services with undergrounded electrical,
cable Cdevision·~ telephone. services within the public rights:-of-way. It .is undemood and agrtled that the final dislrict boundaries, operation
and administration of the' district will be detemUned by the Miami-Dade County Public Worlcs·Department. · ·
lK)'IE! Only one resident oWne(S. signature per ho\1Seh9ld will c:Ount toward the SO% Code r~ for petitiop;·~tion. Howe-vee,
circulation of petition amo*'·an ~in tlie pro~ District is urgecl'to ensure these ~ns ~ ibfonned of~ pro~ on which they
may be called to vote. Alterbig tliiS form in any way inTalidates the entire petition. . . . .
..
OWNER.'S~ TAX FOLIO AND PROPER'IY ADD~ DATE SIGNED
·. Print:·~~n'\Oc <G..L,a;. Ad~': ·:lno· t9~ 4&=1bre w~ .bt-. ·~ ... ,r&L Pt 3}tr,}4o -
Sign:. l:f.--.4 _L.fl~ Folio: .. · 02--3'2.~~ -o-06 -oz.,6() ~
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396
..
TAXING DIS1RICTS DIVISION C!)
To be Completed by the !,>epartment: Petition~'-?~ ~to\ \OJt35 2009 Petition Received-Date: I I I
.To the Petitioner: You are~ to circulate this petitio __ a_mo . owners within the district bo~ listed below. In_ ordec fo1
the petition to be comidered a valid current indicator of .co . · . · . Nmust be compleled and returned within four months from ~
date of iSsue. All submitted petition forms must be original · m ink. · ·
To the Board of County Commissioners of Miami-Dade County, Florida: We, the undersignerl property ownen, do hereby petition Mianfi·
Dade County, Florida, for: the aea6on and. establisbmeot of the Hibiscus Island Overllead Services Relocation Improvement Special TaxinJl
District We \lildem3nd that the signatures of 50% of the resident property .owneJ:S within the district's boundary siguiug the petition. will ~
the petition. If approved by the Board, a subsequent Special Flection will be held for all regist:ezed votels in the district boUDdary to ratify the
Board's decision.
. Proposed Public Improvement or Services: The proposed district will replace existing oved!ead )Jtility services with uncletgrounded electrical,
alble td.evision·~ telephone services within the public rights-of-way. It .is un.clelstood and agreed that the final district boUIJ:laries, .opetation
and ~on of the district will be determined by the Miami-Dade County Public WOJ:ks·Department.
Proposed Boundaries: All properties on Hibiscus Island, Miami Beach. Florida.
(See district boundary and location·~ Exhibit A, on reTerse side)
. ·-· --·· _.. ... .. . . ·-.... _ ---·. -· ..: .. -.. -· ·-·--~--. ·-.. . . --~ -_.,... ..• -.. ...-.
THE INDIVIDUAL PROPERTY ONE TIME LUMP SUM PAYMENT FOR mrs IMPROVEMENT IS EsTJ:.MAmo TO BE
$14,800. JF NOT PAID,. Tins. COS!' CAN BE FINANCED THROUGH .YOUR P-ROPERTY TAX BILL OVER A FIFl'EEN {15)
. YEA1t PERIOD AT NOT tiB'SS THAN 190 ABOVE TBE COUNT'Y'S BORROWING RATE BUT NOT l.BSS 'I.'IIAN 7 1/l.% PER
~ ADDMON4J,LY. SOME PROPERTY OWNERS MAY, INCOR:R EXPENsFs· AT THE DWELL1NG ASS.OCIATED
.E'QJLABOR AND~~ ~ARY'i'o tl.mNCHPRiVATE§tOPBRT:t. CO.NHEcr,YOIJRME'l'ERBQXTO.lllE
-·~~-SER.VIC& .. 'CONNECI' OTHER UNDER.GRQDNJ)ED ,~ ·Q)$'!§· ASSQCIA'fBD }Vl'IH UPGRADlNG
:.jj!l'Jiij.'jfroNNECTJO',Nf:ANIJ.iN'IERNAL WIRING TO CORRENT-·S'!'ANDAIID.S. AND RpOF l®.>AIR..DUB ro .OV..AL
.OF .OfERBEAD SERVIa!!. CONNECTIONS. TIIESE COsts. ARE SPBOFICALLY NOT lNa.uDED IN THE ABOVE ··001MA1ED COSTS A1No·.SHA:i.LBEBO~BY TBEROMBO'WNER. . . . .
NOm _Only one resident owner's signature pee houscllold will count toward the ~-Code requiiemeDt for petition vaiidation. Howeve~
cDx:ulatio~ of petition among all properties in the proposed District is urgecf to ensure b pcitsons are informed of the ~·on~ the:
may be called to vate. Altmrig this form in any way invalidates the entire petition.
OWNER'S N4ME TAX FOLIO AND PROPERTY ADDRESS-DATE SIGNED
Print: Address:
Folio: 0 2..: ..
Folio: ·
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397
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HIBIS '\=) ('d~ e_ L~ . I?;\ (
OVERHEAD SER.vtCFS RELOCATI SPECIAL TAXING DISTR.ICf ~
MIAMI-DADE COUNTY PUBUC WClfiUitltP SPECIAL TAXING DIS1RICI'S DIVISION
To be Completed by the Department Petition Issuef?n\VlP~ M\\P: 35 2009 Petition Received Date: _1_ I I
To the.~etitioner: Y~u are~ to~~ this petiti~·on aniQ .. ~-. . .. ·. · .. within the district bo~~ ~below. In order f01
the petition to be considered a valid anrent. indicator of · · 1 ~ · · · be completed and returned within four months from the
date of iSsue. All sub~ petition fotms must be original d :.leted in ink. ·
. To the Board of County Commissioners.of Miami-Dade County, Florida: We, the undetsigned property owners, do hereby petition Miami·
Dade .County, Florida, for the aeation and establisln:nent of the Hibiscus Island Qvmlead Ser.ices Relocation Impro'W2Ilellt Special Tmng
District. We undemand that the signatures of 50% of the resident property owners witbin the district's boundary signing the petition will ~te
the petition. If approved by the Boaid, a subsequent Special Election will he held for all registered votefS in the disfrlct boundaiy to ratify the
Board's decision.
Proposed Public Improvement or Services: The proposed district will replace existing ovemead Jl1ility services with undecgrounded electrical.
cable television·~ telephone services within the public rights-of-way. It is undc::mood and agreed that the final district bouodarles, operation.
and ~n of the district will be determined by the Miami-Bade County Public Wotks·Deparlment
Proposed Bonndarles: All properties on Hibiscus Isiand, Miami Beach, Florida.
(See district boundary and location sketch, Exhibit A, on reverse-me)
.... ----'-"'----··--···---··· ... ; -··--~· ·--
.THE INDIVIDUAL PROPERTY ONE TIME LUMP SUM PAYMENT FQR THIS IMPROVEME'l\T IS ES'l'IMA.TED TO BE
$14,800. IF NOT PAID, 'rins,COST CAN BE FINANCED THROUGH YOURP.ROPERTY TAX BILL OvER A FIFt.EEN (15)
YEAR PERIOD AT NG"T lESS T.HAN·l% ABOVE THE COUNTY'S BORROWING RATE.BUT NOT LESS TRAN 7 1/1//0 PER
~ ADDIDONAJ.l.X~ SQMR PROPERTY OWNERS MAY. INOJRR EXPENsEs AT TBE DWiqi.JNG ASSOaATED
wml'LABOR AND ~nml:AtS NECESSARY TO 'i.JmN'CHPRivATE:eROPER.rt ~..Y.OmtMETERBOX.mmE
ELECt'RICAL. SERVICE;~ CO~. O'l'.BER UNDER.GROUNDED ~ COSIS ASSOCIATED ·lf.ITR UPGRADING
~CONNECTIO)Jj~ INTERNAL WIRING TO C0ItRmtt SI'ANQARDS. AND ROOF REPAIR DUE TO RJIMOVAL
·oF pvmumAD SER;fLGE >ffiNNEctJ;ONS. THESE COsTs ~ SPECIFICALI:Y NOT INOAJJ>Eb IN THE ABOVE
RS'IWA.'JED COSTS AND SHAILBEBORNE BY THE HOMEOWNER. . · . . .
NOTE: Only·one resident .ownen signature per household will count towatd the~-Code requitemelit for petition vallda1ion. However
circulation of petition among all properties in the proposed District is Urged. tO ensure these pc:ilsons are infortned ofthe.proposal o~ Which theJ
may be called tO 'VOte. Altering tbiSform in any way invalidates the entire pefl"tion. · ·
_.,,
OWNER'S NAME TAX FOLIO AND PROPERTY ADDRESS" .DATE SIGNED . .
. Print: ,/f!_ch;(e/ if.lta,t,l-Address: ~eo· .v.·fH6t~us ~~-·-2/t(/0 -
Sign: ~r__R'~~ . 0 ~-~Z.3 '2.. ~no·:§.-o·~<f·o . Folio:
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398
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 Taxing Districts for Palm Island and Hibiscus l~nd,
. 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, backfiUing trenches, replacing curb and sod, patChing
roadways, installing transformers mounted on conaete pads, protecting the transfonners, and
installing acorn lights to replace pole mounted lights; 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 cJetalled In the Star, Palm, and
Hibiscus Island Nelg,-.borhood 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 lsland; and
WHEREAS, the estimated combined hard and soft costs of the improvements total
. $·1,81~,375for Palm Island,· and $2,483,527 for Hibiscus Island; and
· . · WHEREAS, as o~ of the conditions for the 8$tablishment of~ proposed Special Taxing
Districts, Section 18-2 of the Miami-Dade County Code requires that where (as in this case) the
proposed-area of the County special taxing district Is within a municipality, then the approval of the
governing body of th8t munlclpality must be. obtained. · ·
f(
399
..
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 aeation 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 aeation of special taxing districts, as set forth in Chapter 18
of the Miami-Dade County Code.
PASSED AND ADOPTED this~ day of_,;;;;;Ma;;.£y __ __., 2009.
ATIEST:
{Ylw,[ f~
ROBERT~ PARCHER, CITY CLERK
T~GENOA\200911.4ay 1~alm and Hibiscus Special Taxing Dls(rfds Res!l·doo
400
.1:;1. 0 ~ Tock, Do11_(PWD) Subject: FW: PHS Petition & Homeowners Association Meeting -October 13 from: carmenates, Aurelio [mailto:Aureliocarmenates@mlamibeachfl.gov] Sent: Thursday, July 15, 2010 5:15PM To: Hans Mueller; Brad Meltzer; Ian Kaplan; Neil Fairman; Tim Rose Cc: carreno, Charles; Reyes, Matilde; Donoso, Gabriel Subject: RE: PHS Petition &. Homeowners Association Meeting --October 13 Gentleman, Mr. Don Tock is requesting below the removal of the street light costs from the estimate prepared for the Special Taxing request. It is critical to note that the lighting component is critical to the project as once the existing FPL wood poles are removed the neighborhood will be without lighting. Also keep in mind the City does not currently have funding for this work. I have made the changes as requested below. Let me know once it is approve and can be submitted to Mr . Tock. '""· Thanks, f City Survey required by FPL Financial Consultant Palm Island Rev date: 07/01/2010 Hibiscus Island Both Islands 1
.1:;1. 0 1\.) Utility Deposits, Legal and Survey Fees $24,000 .$36,000 Estimated Total Cost $1,116,285 $1,803,513 MIAMI BEACH Aurelio .J, Cannenates, PE, Capital Projscts Coordinator CAPITAL IMPROVEMENT PROJECTS OFFICE 1700 Convention Center Drive, Miami Beach, FL 33139 Tel: 305-673-7071/ Fax: 305-673-7073/ www.miamibeachfl.gov $60,000 $2,919,797 We ate committed to provfdlng excellent public SIJrvice and safety to all who live. work and play in our VIbrant. tropical. historic community . Od 2
Date:
To:
From:
Subject:
June 19, 2009
Esther Calas, P.E., Director
Public Works Department
Marc LaFerrier, AICP, Dif'j it'dtllrr;l""'~
Department of Planning anf:Y..i~i
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 Se~&' 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 Ught 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
_.T
((
403
.1:;1. 0 .1:;1. 'f R • 40 (COMM.·OOOS) SECTION: 5·U·32 &32·53·42 PROPOSED DISTRICT ~OUNDARIES HIBISCUS ISLAND OVERHEAD SERVICES RELOCATION IMPROVEMENT SPECIAL TAXING DISTRICT EXHIBIT "A" \ ~ BISCAYNE BAY
TO:
FROM:
MEMORANDUM
(Revised)
Honorable Chairman Dennis C. Moss DATE:
and Members, Board of County Commissioners
R. A. Cuevas,~ f\ 7
County Attorney ~ ~ )
SUBJECT:
September 21,2010
Agenda Item No. S{G)
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/S's __ , unanimous __ ) to approve
Current information regarding funding source, index code and available
balance, and available capacity (if debt is contemplated) required
405
Approved _________ ..:.:M:.:.:a::..~y..:.:..or Agenda Item No. 5(G)
9-21-10 Veto
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
prescribing the procedures therefor; and
406
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>
407
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.
408
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.
409
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 lnterlocal 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 (20 10-11) 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 ofthis 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
410
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.
PASSED AND ADOPTED:
Approved by County Attorney as
to form and legal sufficiency:
Prepared by:
James K. Kracht
Prime Sponsor: Commissioner Bruno A. Barreiro
411
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 lnterlocal 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
412
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
413
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 lnterlocal Agreement to be
executed by their respective and duly authorized officers.
[Remainder of Page Intentionally Left Blank--Signature Page and Exhibit to Follow]
414
CITY OF MIAMI BEACH,
FLORIDA
CITY MANAGER
BY ITS CITY COMMISSION
ATTEST:
CITY CLERK
(SEAL)
RISK MANAGEMENT (if applicable)
APPROVED as to Form
and Language and for Execution
CITY ATTORNEY
415
MIAMI-DADE COUNTY,
FLORIDA
COUNTY MAYOR OR
MAYOR'S DESIGNEE
DEPUTY CLERK
APPROVED as to Legal Form
ASSISTANT COUNTY
ATTORNEY
Exhibit C
FLORIDA PO\\I'"ER & UGHT COJ.\IfP&'\j'{
Eighth Revised Sheet No. 9. 725
Cancels Seventh Revised Sheet No. 9.725
UNDERGROli'ND FACII.JTIES CONVERSION AGREE:J.VIEI'i""T-
GOVE&'li\'IEi'IIT AL ADJUSTME~""T FACTOR WAIV'ER
This Agreement is made and entered into this day of 20_, by and between
CITY OF ML\;.\Ill BEACH ("Local Government Applicant"), a Florida municipal corporation or county with an address of
_1700 Convention Center Drive, iVIiami Beach, FL 33139-and FLORIDA POWER& LIGHT COMPA.'-lY ("FPL"), a
Florida corporation with an address ofP.O. Box 14000, 700 Universe Boulevard, Juno Beach, FL 33408-0429.
\lt1IEREAS, the Local Government Applicant has requested that FPL convert cenain overhead electric distribution facilities
located within the following boundaries (the "Conversion"):
Hibiscus Island located in lVfiami Beach, FL (see attached drawings, WR # 3085431) (collectively, the "Existing Overhead
Facilities") to underground facilities, including transformers, switch cabinets and other appurtenant facilities installed above
ground as set forth in Attachmem A hereof (collectively, the "Underground Facilities").
NOW THEREFORE, in consideration of the foregoing premises and the covenants and agreements set forth herem, and other
consideration the sufficiency of which is hereby acknowledged, the parties intending to be legally bound, hereby covenant and
agree as follows:
1. Governmental Adjustment Factor Waiver ("GAF Waiver") Eligibility Criteria. The Local Government Applicant
represents and warrants that it meets the following eligtbility criteria for the Conversion:
a. In order for the Conversion to incorporate a sufficient amount of overhead facilities 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, 'Nith 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
e. 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 Conversion does not exceed the otherwise applicable CIAC as calculated before application of the GAF
Waiver.
Special Circumstances. Conversions which do not meet the project size minimums described in section l.a are
eligtble for the GAF Waiver in the follo\ving special circumstances:
i. 100% of the Existing Overhead Facilities within the Local Government Applicant's corporate limits
are to be converted, but are less than the pole line mileage or dwelling unit minimums; or
ii. A single lateral that serves at least one Critical Infrastructure Facility as determined by the
appropriate local agency with the mutual agreement ofFPL; or
m. An island or peninsula where 100% of the Existing Overhead Facilities are to be converted; or
(Continued on Sheet No. 9.726)
Issued by: S. E. Romig, Director, Rates and Tariffs
Effective: April 6, 2010
416
FLORIDA POVlER & LIGHT CO.i\-IP Ai'iY
( Cominued from Sheet No. 9. 725)
Fifth Revised Sheet No. 9.7:!6
Cancels Fourth Revised Sheet No. 9.726
iv. When the aggregate size of t.l:!e first 3 phases of a project would satisfy t..l:le ro.in.imum size criteria but,
for mutually-agreed engineer'.ng or logistical reasons, those phases are non-contiguous; provided that
(a) the next (4rh) phase must be adjacent to one or more of the first 3 phases such that the combined
contiguous area meets the mi:nim.um size criteria, and (b) illis 4m phase begins within 1 year from
completion of the 3cl phase.
2. Contribution-in-Aid-of-Construction (CIA.C). The Local Governmem Applicant shall pay FPL a CLA.C as
required by FPL' s Electric Tariff and Section 25-6.115 of the Florida Administrative Code with the Otherwise
Applicable CLA.C ammmt reduced by the GAF Waiver.
i. Otherwise Applicable CL\C $_ 776,683
u. GA.F Waiver $ _ 342,265 __ _
iii. CIAC Due S .:1'3-t 418 (Cust. performs some UG work-C&C)
In the event the actual cost of the Conversion exceeds the estimate, the Otherwise Applicable CIAC shall be
adjusted by the lesser of(a) the difference between the actual cost of the Conversion and the estimate, or (b) 10%
of the Otherwise Applicable CL'-\C identified above. The GAF Waiver shall also be adjusted accordingly and the
Local Government Applicant shall pay FPL the resulting difference in the amount of the CLA.C Due.
3. Applicant-Installed Facilities. Tne Local Government Applicant may, upon entering into an applicant-
installed facilities agreement satisfactory to FPL, construct and install all or a portion of the Underground
Facilities. Such work must meet FPL's construction standards and FPL will own and maintain the completed
facilities. The Local Government Applicant agrees to rectify any deficiencies, found by FPL, prior to the
connection of any customers to the Underground Facilities and the removal of the Existing Overhead Facilities.
4. Compliance with Tariff. The Local Government Applicant agrees to comply \vith and abide by the requirements,
terms, and conditions ofFPL's Electric Tariff.
5. Timing of Conversion. Upon compliance by the Local Government Applicant with the requirements, terms, and
conditions of FPL's Electric Tariff, this Agreement and any other applicable agreements, FPL \\oill proceed in a
timely manner with the Conversion in accordance with the construction dra>vings and specifications set forth in
Attachment A hereof.
6. Relocation. In the event that the Underground Facilities are part of, or are for the purposes of, relocation, then this
Agreement shall be an addendl.llll to the relocation agreement between FPL and the Local Government. Applicant.
In the event of any con:llict between the relocation agreement and this Agreement or the Electric Tariff, this
Agreement and the Electric Tariff shall control.
7. Term. This Agreement shall remain in effect for as long as FPL or any successor or assign owns or operates the
Underground Facilities.
8. GA.F Waiver Repayment. If the Local Government Applicant does not satisfy the relevant eligibility criteria, the
Local Government Applicant shall repay the GA.F Waiver within 30 days of written notice from FPL of such
failure. Additionally, if at any point within 30 years 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 \Vaiver. The pro-
rata share (which shall reflect pa.rtial years) shall be determined as follows:
GAF Waiver* [(30-years since the Cnderground Facilities completion date) I 30]
(Continued on Sheet:'<o. 9.7'27)
Issued by: S. E. Romig, Director, Rates and Tariffs
Effective: April .t, 2006
417
FLORIDA POWER & LIGHT COi.VlPA.J.'lY Original Sheet No. 9. i27
(Continued from Sheet No. 9.726)
9. Termination Prior to the Conversion Completion. Failure by the Local Government Applicant to comply with
any of the requirements, terms, or conditions of this Agreement or FPL's Electric Tariff shall 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 CL~C paid by the Local Government Applicant will be re:funded to the Local Government
Applicant; provided however, that the re:fund of the CIAC shall be offset by any costs incurred by FPL in performing
under the Agreemem up to the date of termination.
10. Assignment. The Local Government Applicant shall not assign this Agreement without the written consent ofFPL.
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 duration of the term of this Agreement. This
Agreement also shall be recorded in the Official Records of the County in which the L'nderground 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 this
Agreement shall control.
IN \vlTNESS WHEREOF, FPL and the Local Government Applicant have executed this Agreement on the date first set
forth above.
CITY OF MIA.lVll BEACH
Signed, ___________ _
Name ____________ _
Title ____________ _
Signed ____________ _
itle ____________ _
Approved as to Terms and Conditions
Signed ____________ _
Name _____________________ __
Title ____________ _
Approved as to Form and Legal Sufficiency
Signed. ___________ _
Name _____________________ __
Title ____________ _
Issued by: S. E. Romig, Director, Rates and Tariffs
Effective: April 4, 2006
FLORIDA POWER & LIGHT COMP A. ~-y
Signed'-------------
Name ____________ _
Title ____________ _
418
Overhead to Underground Conversion-Customer Cost Sheet
Project: City of Miami Beach -Hibiscus Island
Cust. performs work -Conduit & concrete products
Underground Cost
New UG Installation(+)
Equivalent OH Installation(-)
Existing Overhead Cost
$985.537
($359,598)
Date Estimate Provided to Customer: Oct. 24, 2011
Ccst ior FPL to install new undergrour.d facilities
Cost to install an overhead system at current hardening standards
OH Removal Cost & Make ready(""
Existing OH Value(-:-)
Salvage Value(-)
$134,659
$16,085
Ccst fer FPL to remove existing overhead facilities
Net Book Value of existing OH facilities to t:;e removed
C;edit fer re-usable items ======
Subtotal*
GAF
CIAC
$776,683 Total customer contributicn as S!=ecified in Tariff 12.2.3
Engineerir.g Deposit {-)
Net Due FPL
($342,265)
S434.418
===(=$=9l:,9:2:6.f:)===ngineering deposit previously collected
$424,492 Total customer ccmributicn owed
-.,._ ::--=-:•,•--·--.~ ·-~----·~~. ---;.--,--•-••• ••• .. --~ -• ..---,··~· ••n• ••• ~-~•:-,,_.....;::--:--·--. ·•;~-•• ----:-:_----::--:----::'7-""".~.0'f-.~-"-·~:_~--. , ••• .:• ·-:--=---:---.::----:--::•-;--.-•r•~ --=-~·-: ~ ::!"7="' -~c--·• .. -·---·-·--·-~~--.::.·-'------------__ c ---·--···_. _..:...: .... -...::---~--. __ __.,________ ______ ------
Cost Breakdowns for Customer Contributions
Total LaborNehicle Material Direct Engineering,
Supervision, and Support
New UG Facilities(+) $985,537 $289,840 $396,616 $299,081
Credit for equivalent OH (-) ($359,598) ($154,963) ($147, 119) ($57,516)
$114,516 $53 $20,090
$249,393 $249,550 $261,655
OH Removal Cost & Make ready (+==.;;$.:13:,4,;·;,;6:,59=========~=================:=:=:=::::="':=====
Total $760,598
Net Book Value(+) $16,085
Salvage Value(-) $0
Subtotal* $776,683
GAF ($342,265)
CIAC $434,418
Engineering Deposit(-) ($9,926)
Net Due FPL $424,492
·---~-:':' -· ;;_-,.--
Major Material Breakdown
Install
Quantity
28,158
2
Item
Primary UG Cable (fee<)
UG Switch Cabinet
47 UG Transformer (each)
~:~------·-:--:;:------~·-
0 Solice box for UG feeder {each)
Remove
15,981
79
OH Primary Conductor (feet)
Poles (each)
47 OH T;ansformer (each)
0 Pr.marJ UG Cable (feet)
·-C:stlr.:a:e 'nc!uces $80.0CO fer Maintenance of Traffic
419
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