City of Port St. Lucie header
File #: 2022-1050    Version: 1 Name:
Type: Resolution Status: Passed
File created: 11/29/2022 In control: City Council
On agenda: 12/12/2022 Final action: 12/12/2022
Title: Resolution 22-R131, Authorizing the City Manager to Enter into a Right-of-Way Consent Agreement with Florida Power & Light Company for Construction of Western Raw Water Main
Attachments: 1. Resolution - ROW Consent Agreement FPL Raw Water Main (revised).pdf, 2. Right of Way Consent Agreement FPL, 3. Exhibit A to ROW Consent Agreement, 4. Exhibit B Construction Plans, 5. Exhibit C Notification of FPL Facilities, 6. Legal Memo re FPL Consent Agreement, 7. PSL Western Raw Water Main and Well Sites

Placement: Resolutions                     

Action Requested: Motion / Vote                     

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Resolution 22-R131, Authorizing the City Manager to Enter into a Right-of-Way Consent Agreement with Florida Power & Light Company for Construction of Western Raw Water Main

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 Submitted By: Kevin R. Matyjaszek, Utility Systems Director

 

Strategic Plan Link: The City's Goal of a high-performing city government organization.

 

Summary Brief (Agreements/Contracts only)

1.                     Prepared by: Florida Power & Light Company, a Florida corporation (“FPL”)

2.                     Parties: City of Port St. Lucie Utility Systems Department (“USD”)

3.                     Purpose: FPL authorizing use of its right-of-way near Glades Cut-Off Road for the design and construction of the project known as the Western Raw Water Main.

4.                     New/Renewal/Modified: New.                                          

5.                     Duration: The license will remain in effect until terminated.

6.                     Benefits to Port St. Lucie: The USD can construct a raw water main to connect Floridan wells to the JEA Water Treatment Facility to continue to provide potable water to the USD’s customers.

7.                     Cost to Port St. Lucie (Annual and Potential): The application fee was $500.

 

Presentation Information: N/A

 

Staff Recommendation: Move that the Council approve the Right-of-Way Consent Agreement for the Western raw water main.

 

Alternate Recommendations:

1.                     Move that the Council amend the recommendation and approve the Right-of-Way Consent agreement for the Western raw water main.

2.                     Move that the Council not approve the Right-of-Way Consent Agreement and provide staff with direction.

 

Background: The USD has designed a raw water main from the JEA Water Treatment Facility to the future Floridan wells known as F-37, F-38 and F-39 located near LTC Ranch and Glades Cut-Off Road. FPL owns right-of-way and agreed to authorize the City to use the right-of-way for the raw water main.

 

Issues/Analysis: The successful construction of the raw water main ensures continued potable water for the utility customers.

                     

Financial Information: The application fee was $500.

 

Special Consideration: The construction of the raw water main provides water from the future Floridan wells to the water treatment facility for processing. Execution of the Right-of-Way Consent Agreement is critical to the project’s timely completion.

 

Location of Project: The location of the raw water main is protected by Homeland Security.

 

Attachments:

1. Resolution

2. Exhibit “A” to Resolution - Right of Way Consent Agreement

3. Memorandum from City Attorney’s Office

4. Map Showing Location of Raw Water Main.

 

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: 9211

 

Legal Sufficiency Review: 

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