City of Port St. Lucie header
File #: 2020-896    Version: 1 Name:
Type: Resolution Status: Passed
File created: 10/28/2020 In control: City Council
On agenda: 11/9/2020 Final action: 11/9/2020
Title: Resolution 20-R123, Approve the execution of the FPL Consent Agreement along Midway Road west of I-95
Attachments: 1. Resolution, 2. ROW Consent Agreement Midway, 3. Exhibit_A-Lands, 4. Exhibit_B-Plans032320, 5. Exhibit_C-Form360, 6. ProjectMapConsent

Placement: Resolutions                     

Action Requested: Motion / Vote                     

title

Resolution 20-R123, Approve the execution of the FPL Consent Agreement along Midway Road west of I-95

body

 Submitted By: Brad Macek, Utility Systems Director

 

Strategic Plan Link: The City's Goal of high-quality infrastructure and facilities.

 

Summary Brief (Agreements/Contracts only)

1.                     Prepared by: Florida Power & Light Company (FPL)

2.                     Parties: City of Port St. Lucie and FPL

3.                     Purpose: Acquire a Consent Agreement in an FPL Easement on private property (LTC Ranch Residential) west of I-95 and south of Midway Road for future utility mains and fiber optic communication.

4.                     New/Renewal/Modified: New

5.                     Duration: Perpetual

6.                     Benefits to Port St. Lucie: Allows the City to provide water service to the northwest portion of the City’s service area and provides options for water supply wells west of I-95 for higher water quality and can speed up the development process by having all approvals and agreements in place.

7.                     Cost to Port St. Lucie (Annual and Potential): There are no expected costs with this Agreement up front or recurring.

 

Presentation Information: N/A

 

Staff Recommendation: Move that the Council approve the execution of the FPL Consent Agreement south of Midway Road and west of I-95.

 

Alternate Recommendations:

1.                     Move that the Council amend the recommendation and approve execution of the FPL Consent Agreement south of Midway Road and west of I-95.

2.                     Move that the Council not approve the Consent Agreement and provide staff further direction.

 

Background: FPL owns property with a major sub-station at the southwest corner of I-95 and Midway Road with a large site and multiple large-scale power lines running to and from the substation . It is imperative that city services, specifically City utility and communication lines pass through this area. When crossing the land owned by others that FPL has overhead powerlines in easements, FPL requires a Consent Agreement therefore retaining some control of the easement area and protecting their interests.

 

Issues/Analysis: There is no economically feasible way to avoid crossing under the major FPL power lines or through the property and still provide the water main looping and interconnectivity desired.

                     

Financial Information: There is no funding required at this time.

 

Special Consideration: There was considerable time and effort in negotiations with FPL to reach this point of agreement. Staff feels it is important to execute this Consent Agreement now.

 

Location of Project: West of I-95 and south of Midway Road. See attached location map.

 

Attachments: FPL Consent Agreement document with Sketch and Legal Description of the area involved along with a location map of the easement area.

 

NOTE: All of the listed items in the “Attachment” section above are in the custody of the City Clerk. Any item(s) not provided in City Council packets are available upon request from the City Clerk.

 

Internal Reference Number: 1527

 

Legal Sufficiency Review: 

Reviewed by Elizabeth L. Hertz, Deputy City Attorney. Approved as to Legal form and sufficiency by James D. Stokes, City Attorney.