Section 3. Effective Date. This resolution shall become effective immediately upon adoption by vote of the City Commission.
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1 ) 1 RESOLUTION NO. 2 3 A Resolution authorizing the City Manager to enter into an Interlocal 4 Agreement with the Village of Pinecrest ("Village") supporting the efforts of 5 the Village in opposing Florida Power & Light's ("FPL") Site Certification 6 Application for Turkey Point Units 6 & 7 and the installation of FPL 7 transmission lines on South Dixie Highway through the City of South Miami 8 and the Village of Pinecrest WHEREAS, the City of South Miami ("City") and the Village are currently a party to: In 11 Re: Florida Power & Light Co. Turkey Point Units 6 and 7 Power Plant Siting Application, P A A3, DOAH Case No.: EPP/DEP OGC Case No.: , a formal administrative 13 proceeding held for the purpose of determining whether power plant and transmission line 14 facilities proposed by FPL should be certified and approved for development; and WHEREAS, the City previously, by resolution no , authorized the City 17 Attorney to hire the firm of Nabors, Gilbin & Nickerson, P.A. ("Nabors") to intervene on the City's 18 behalf in the FPL rate case before the Florida Public Services Commission, for an amount not to exceed 19 $25,000; and WHEREAS, the City was never able to reach an agreement with Nabors to the 22 satisfaction of the City; and WHEREAS, the Village of Pinecrest has hired the Nabor's law firm to oppose the 25 expansion of the Turkey Point nuclear power plant and to oppose the installation of new above 26 ground high voltage transmission lines on South Dixie Highway; and WHEREAS, both the City and the Village are similarly situated with regard to the 29 impact of the proposed new nuclear units and its related transmission lines; and WHEREAS, the City has supported the Village's efforts by advocating against the 32 expansion of Turkey Point and FPL's proposed location of high voltage transmission lines; and WHEREAS, the concerns of the City and the Village in relation to FPL' s application are 35 closely aligned and the City and Village of Pinecrest desire to enter into an agreement to join 36 forces in the opposition to the transmission lines; and WHEREAS, the City will continue to advocate and to provide support for the position of 39 the Village in advancement of the alternate corridor certification effort, and help the Village by 40 defraying the Village's costs for legal services incurred in the above-referenced action NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 43 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to enter into the an Interlocal 46 Agreement with the Village of Pinecrest and to pay a sum not to exceed $25,000 for future legal Page 10f2
2 expenses incurred by Village of Pinecrest in opposition to the expansion of the Turkey Point power plant and the installation of the transmission line through the City of South Miami on South Dixie Highway, and to promote the alternate corridor. Section 2. Severability. If any section clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity ofthe remaining portions of this resolution. Section 3. Effective Date. This resolution shall become effective immediately upon adoption by vote of the City Commission. PASSED AND ADOPTED this day of,2013. ATTEST: CITY CLERK APPROVED: MA YOR READ AND APPROVED AS TO FORM, COMMISSION VOTE: LANGUAGE, LEGALITY AND Mayor Stoddard: EXECUTION THEREOF Vice Mayor Liebman: Commissioner Newman: Commissioner Harris: CITY ATTORNEY Commissioner Welsh: Page 2 of2
3 INTERLOCAL AGREEMENT BETWEEN THE VILLAGE OF PINECREST AND THE CITY OF SOUTH MIAMI This Interlocal Agreement is entered into by the Village of Pinecrest ("Village") and the City of South Miami ("City") pursuant to Florida Statutes Florida Interlocal Cooperation Act, for the purpose of supporting the efforts of the Village in opposing Florida Power & Light's ("FPL") Site Certification Application for Turkey Point Units 6 & 7. Whereas, the purpose of Florida Interlocal Cooperation Act is to permit local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population, and other factors influencing the needs and development of local communities. Whereas, the Village is currently a party to: In Re: Florida Power & Light Co. Turkey Point Units 6 and 7 Power Plant Siting Application, PA 03-45A3, DOAH Case No.: EPP/DEP OGC Case No.: , a formal administrative proceeding held for the purpose of determining whether power plant and transmission line facilities proposed by FPL should be certified and approved for development. In furtherance of its interests, which are shared by municipalities situated along the U.S. 1 corridor, the Village has proposed an alternate transmission line corridor to the one proposed by FPL in said proceeding and is advocating its certification. Like the Village, the City is similarly situated with regard to the impact of the proposed new nuclear units and the related transmission lines. Whereas, the City has supported the Village's efforts by advocating against the expansion of Turkey Point and FPL' s proposed location of high voltage transmission lines. The City has commissioned and shared a significant economic impact report which the Village cited in opposition to FPL' s proposed transmission line corridor. NOW THEREFORE, it is agreed by and between the parties to this Interlocal Agreement as follows: 1. The City and the Village will continue to advocate, and the City will continue to provide support for the position of the Village, in advancement of the Village's current proposed alternate corridor certification effort. Page 1 of 2
4 2. The City shall reimburse the Village for the Village's litigation expenses that the Village hereinafter incurs up to the sum of $25, as a contribution toward defraying the Village's costs for legal services incurred in the above-referenced action. 3. The Village will continue to represent the City's interest and the City's opposition to the installation of the proposed transmission lines that currently are routed to be installed through the City of South Miami and to oppose the certification of proposed new nuclear power plants. 4. This agreement shall remain in full force and effect through the entire certification process including any and all appeals. 5. This agreement shall become effective upon the date that the last party signs this agreement. IN WITNESS WHEREOF, the parties have set their hands and seals on the date set forth below. Dated this _ day of, 2013 ATTESTED: Signature: Maria M. Menendez, CMC City Clerk CITY OF SOUTH MIAMI By: Steve Alexander City Manager Read and Approved as to Form, Language, Legality and Execution Thereof: Signature: City Attorney Dated this day of, 2013 ATTESTED: Signature: Guido H. Inguanzo, Jr., CMC Village Clerk VILLAGE OF PINECREST By: Cindy Lerner, Mayor Read and Approved as to Form, Language, Legality and Execution Thereof: Signature: Village Attorney Page 2 of2
5 MEMORANDUM OF UNDERSTANDING BETWEEN THE VILLAGE OF PINECREST AND THE CITY OF SOUTH MIAMI This Memorandum of Understanding is entered into by the Village of Pinecrest ("Village") and the City of South Miami ("City") for the purpose of supporting the efforts of the Village in opposing Florida Power & Light's ("FPL") Site Certification Application for Turkey Point Units 6 & 7. The Village is currently a party to: In Re: Florida Power & Light Co. Turkey Point Units 6 and 7 Power Plant Siting Application, PA 03-45A3, DOAH Case No.: EPP/DEP OGC Case No.: , a formal administrative proceeding held for the purpose of determining whether power plant and transmission line facilities proposed by FPL should be certified and approved for development. In furtherance of its interests, which are shared by municipalities situated along the U.S. 1 corridor, the Village has proposed an alternate transmission line corridor to the one proposed by FPL in said proceeding and is advocating its certification. Like the Village, the City is similarly situated with regard to the impact of the proposed new nuclear units and its related transmission lines. The City has supported the Village's efforts by advocating against the expansion of Turkey Point and FPL's proposed location of high voltage transmission lines. The City has commissioned and shared a significant economic impact report which the Village cited in opposition to FPL's proposed transmission line corridor. The City will continue to advocate and to provide support for the position of the Village in advancement of the alternate corridor certification effort, and further agrees to provide to the Village the sum of $25, as a contribution toward defraying the Village's costs for legal services incurred in the above-referenced action. Signatures: Cindy Lerner, Mayor Village of Pinecrest Date: Attest: Philip K. Stoddard, Mayor City of South Miami Date: Attest: Guido H. Inguanzo, Jr., CMC Village Clerk Maria M. Menendez, CMC City Clerk
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