Placement: Resolutions
Action Requested: Motion / Vote
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Resolution 21-R54, A Resolution of the City Council of the City of Port St. Lucie, Florida, Authorizing the City Manager to enter into a Right-of-Way Consent Agreement between Florida Power and Light Company, a Florida Corporation, and the City of Port St. Lucie, necessary for improvements to a raw water main; Providing for Conflict; Providing for Severability; Providing an Effective Date.
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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.
2. Parties: City of Port St. Lucie and FPL.
3. Purpose: FPL requires the City to execute a Right-of-Way Consent Agreement for the proposed purpose of necessary construction to install a 16“ fusible PVC raw water main, a future 2” fiber optic conduit, and a future 24” force main.
4. New/Renewal/Modified: New
5. Duration: Perpetuity
6. Benefits to Port St. Lucie: Water supply to JEA Water Treatment Plant.
7. Cost to Port St. Lucie (Annual and Potential): Ten Dollars ($10.00)
Presentation Information: Staff will be available to answer any questions.
Staff Recommendation: Move that the Council approve the Resolution authorizing the City Manager to enter into a Right-of-Way Consent Agreement between Florida Power and Light Company and the City of Port St. Lucie for the installation of a 16” fusible PVC raw water main, a future 2” fiber optic conduit, and a future 24” force main.
Alternate Recommendations:
1. Move that the Council amend the recommendation and approve the resolution.
2. Move that the Council not approve the resolution and provide staff direction.
Background: In order to provide the necessary water supply for an increasing population in the northwestern area in Port St. Lucie, the construction of a new water well and associated piping is required. FPL requires the City to execute a Right-of-Way Consent Agreement to install a 16” fusible PVC raw water main, a future 2” fiber optic conduit, and a future 24” force main.
Issues/Analysis: This Resolution authorizes the City Manager to enter into the Right-of-Way Consent Agreement between FPL and the City. The Agreement designates and sets forth the responsibilities of each party regarding rights and interests to the lands under the FPL easement, maintenance, relocation, and alterations to the existing and proposed facilities, indemnification clauses, prohibited activities and equipment, prohibited plantings, reimbursement to the FPL for cost and expense related to damages to FPL’s facilities, and insurance requirements.
Financial Information: N/A
Special Consideration: Execution of the Right-of-Way Consent Agreement is critical to the Project.
Location of Project: Glades Cutoff Road adjacent to Interstate I-95
Attachments:
• Resolution
• Exhibit “A” to Resolution- Right-of-Way Consent Agreement
• Location Map
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: 6366
Legal Sufficiency Review:
Reviewed by Stefanie Beskovoyne, Deputy City Attorney. Approved as to Legal form and sufficiency by James D. Stokes, City Attorney.