HomeMy WebLinkAboutO-10935I
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J-91-797
10/23/91
ORDINANCE NO. 10 9 3 5
AN ORDINANCE GRANTING TO PEOPLES GAS SYSTEM,
INC., ITS SUCCESSORS AND ASSIGNS, A GAS
FRANCHISE; AUTHORIZING THE CITY MANAGER, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY TO
EXECUTE AN AGREEMENT BETWEEN THE CITY OF
MIAMI AND PEOPLES GAS SYSTEM TO IMPLEMENT THE
PROVISIONS OF SAID FRANCHISE; CONTAINING A
REPEALER PROVISION, SEVERABILITY CLAUSE, AND
PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1.
Section 2.
Section 3.
Section 4.
Section 5.
Section 6.
Section 7.
Section 8.
Section 9
Section 10.
Section 11.
Section 12.
Section 13.
Section 14.
Section 15.
Section 16.
Section 17.
Section 18.
Section 19.
Definitions
Grant
Assignment
Use of Streets
Maintenance
Laying of Pipe
Construction Work
Indemnification and Insurance
Performance Bond
Rules - Making of
Jurisdiction
Accounts and Records
Franchise Tax
Forfeiture or Revocation of Grant
Termination of Grant by Insolvency or
Bankruptcy of Grantee
Changes in Provisions Hereof
Repealing Section
Saving Provision
Non -Surrender
SECTION 1. DEFINITIONS. The word "Grantee" shall mean the
Peoples Gas System, Inc., its successors and assigns, and the
word "Grantor" and -the word "City" shall mean the City of Miami,
Dade County, Florida, its successors and assigns, the word
"Consumer" shall mean any person, firm, or public or private
10935
corporation served by the Grantee and the words "City Commission"
shall mean the local legislature and elected body governing the
affairs of the City.
SECTION 2. GRANT. There is hereby granted to Grantee, its
successors and assigns, for an original period of 15 years, from
the passage and approval of this Ordinance, and its acceptance by
the Grantee, with a renewal option for three (3) five (5) year
periods, said option to be exercised jointly by the parties at
the end of each such five (5) year period, a non-exclusive,
privilege or franchise right to erect, install, extend, maintain
and operate a system of works, pipes, pipe lines and all
necessary apparatus, machinery, structures, and appurtenances, as
provided herein, on and under the streets, alleys, avenues,
easements, and other public ways and places in the City, as it is
now constituted and as it may hereafter be added to or extended,
for the purpose of transporting, distributing, and selling
manufactured or natural gas to the City, its inhabitants and the
public generally, for domestic, commercial and industrial uses,
and for any and all other purposes for which gas, during the
period of this grant, may be used, together with the right to
enter upon the streets, alleys, avenues, easements, and other
public ways, places and grounds of the City for the purpose of
removing and repairing said works, pipes, pipe lines and all
necessary apparatus, machinery, structure or structures and
appurtenances.
SECTION 3. ASSIGNMENT. No sale, assignment, or transfer of
the rights granted hereby except to an affiliate of Grantee shall
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be effective unless the Grantee shall have filed written notice
thereof with the City Clerk, at least sixty (60) days prior to
the scheduled date of such sale, assignment or transfer, and
unless, subsequent to the filing of such notice, the City
Commission shall have by Ordinance approved and consented to such
sale, assignment or transfer; provided, however, that any sale,
assignment or transfer decreed by a court of competent
jurisdiction in any receivership or bankruptcy proceedings shall
not be governed by the provisions of this Section.
SECTION 4. USE OF STREETS. The said pipe lines, pipes,
apparatus, structures, and appurtenances shall be erected, placed
or laid in such manner as will, consistent with necessity, least
interfere with other public uses of said streets, alleys,
avenues, easements, and public grounds, and said streets shall
not be unnecessarily obstructed, and before the Grantee makes any
excavation or disturbs the surface of any of the streets, alleys
or other public places, it shall make application for a permit to
the appropriate City authority and shall, with due diligence and
dispatch, place such streets or public place in as good condition
and repair as before such excavation or disturbance was made, and
in default thereof the City may make such repairs and charge the
cost thereof to the Grantee and collect the same from it.
The City retains the right of reasonable regulation of
the erection or construction of any works or laying any pipe or
pipe lines, and to reasonably designate where such works and pipe
lines shall be placed.
-3- 10935
The Grantee shall abide by all the rules and
regulations and ordinances which the Grantor has passed or might
pass in the future, and further shall abide by any established
policy which the City Commission or its duly authorized
representative has passed; or established; or that will be passed
or established; provided, however, that it is not intended hereby
that the City shall have the right to breach the terms of this
franchise.
SECTION S. MAINTENANCE. All such works, pipes, pipe lines,
apparatus, structures, appurtenances and the entire plant and
system of Grantee shall be constructed, installed, operated, and
maintained in such condition as will enable it to furnish
adequate and continuous service and shall be constructed,
installed, operated, and maintained in accordance with accepted
good practice and in accordance with the orders, rules and
regulations of the Florida Public Service Commission and of any
other regulatory body having jurisdiction over the Grantee.
In the event that the construction, and/or
installation, and/or operation, and/or maintenance of the works,
pipes, pipelines, apparatus, structures, appurtenances, or the
entire plant or system of Grantee do not comply with the Florida
Public Service Commission or any other regulatory body having
Jurisdiction over the Grantee, then the City shall have the right
to cancel this Franchise in the manner set forth in Section 14
hereof. Further, the Grantee shall be liable for any and all
penalties, losses, or other damages that may result from the
violation, as set forth in Section 368.061, Florida Statutes or
elsewhere.
-4-
10935
SECTION 6. LAYING OF PIPE. All main pipe lines shall be
laid at least four (4) feet and all lateral pipe lines not less
than three (3) feet below the established grade of said streets,
avenues, alleys, easements, and other public ways and places as
such grades now exist or may hereafter be established, unless
otherwise specifically authorized by proper authority of the
City.
SECTION 7. CONSTRUCTION WORK. The City reserves the right,
without limitation, to lay and permit to be laid electric
conduits, water, gas and other pipe lines or cables, sewers, and
to do and permit to be done by the City Commission or other
governing body of the City any underground work that may be
necessary or proper in, across, along or under any street, alley,
public way, easement, place or other public ground. In
permitting such work to be done, the City shall not be liable to
the Grantee herein for any damages so occasioned by the City, nor
shall the City in doing such work be liable to the Grantee for
any damages not wilfully and unnecessarily occasioned. Whenever,
by reason of establishing a grade or by reason of changes in the
grade of any street, or by reason of the widening, grading,
paving or otherwise improving present or future streets, alleys,
or other public ways and places, or in the location or manner of
construction of any water pipes, electric conduits, sewers or
other underground structure, it shall be deemed necessary by the
City Commission or other governing body of the City to alter,
change, adapt or conform the mains, pipe lines, service pipe or
other apparatus or appurtenance of the Grantee hereto, such
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10935
alterations or changes shall be made by the Grantee as ordered in
writing by the City Commission or other governing body of the
City, without claim for reimbursement or compensation for damages
against the City. If the City shall require the Grantee to adapt
or conform its pipe lines, pipes, structures, apparatus,
appurtenances or other appliances, or in any way to alter,
relocate or to change its property to enable any other person or
corporation, except the City and Miami -Dade Water and Sewer
Authority the Grantee shall be reimbursed by the person or
corporation desiring or occasioning such change for any loss,
cost or expense caused by or arising out of such change,
alteration or relocation of Grantee's property. Further, the
Grantee shall not interfere with, change or injure any water
pipes, drains, or sewers, of the City unless it has received
specific permission from the City Commission or its duly
authorized representative.
SECTION 8. INDEMNIFICATION AND INSURANCE.
Indemnification - The Grantee hereby agrees, for an additional
consideration in the amount of Ten Dollars ($10.00) and for other
good and valuable consideration, to indemnify the City as
follows:
The Grantee shall indemnify, hold harmless and defend
the City its officers, agents and employees against and
assume all liability for, any and all claims, suits,
actions, damages, liabilities, expenditures, or causes
of actions of any kind arising from this Franchise
and/or arising from the construction, operation and
MO
10935
maintenance of a gas utility system and related
facilities and/or the use of the public streets from
the purposes authorized herein and resulting or
accruing from any negligence, act, omission or error of
the Grantee, its agents or employees and/or arising
from the failure of the Grantee, its agents or
employees to comply with each and every covenant of the
Franchise or with any other ordinance or law regulating
the use of the streets of the city resulting in or
relating to, bodily injury, loss of life or limb or
damage to property sustained by any person, firm,
corporation or other business entity, including but not
limited to, any injury, loss or liability incurred by
the City in connection with any environmental hazards
created by or arising as a result of the Grantee's use
of its rights pursuant to this Franchise. Grantee
shall save the City, its officers, agents, employees
harmless from and against all judgments, orders,
decrees, attorney's fees, costs, expenses and
liabilities incurred in and about any such claim,
investigation or defense thereof, which may be entered,
incurred or assessed as a result of the foregoing.
Grantee shall defend, at its sole cost and expense any
legal action, claim or proceeding instituted by any
person against the City, its officers, agents and
employees as a result of any claim suit or cause of
action accruing from this Franchise, for injuries to
body, life, limb or property as set forth above.
-7-
10935
Insurance - The Grantee must maintain during the entire
Franchise Agreement, in full force and effect, the following
insurance coverages:
Commercial general liability in the amount of
$5,000,000 per occurrence for bodily injury and
property damage. This policy must include coverage for
contractual liability and specifically cover the
indemnity agreement. The City of Miami must be named
as an additional insured on the policy.
Automobile liability in the amount of $1,000,000
per occurrence for bodily injury and property damage,
covering all vehicles owned, leased or used by the
Grantee.
Workers' Compensation and employer's liability, as
required by Florida Statutes.
All companies providing insurance shall be
authorized to do business in the State of Florida and
rated B+:VI or better by Best's Key Rating Guide,
latest edition.
No change or cancellation of this insurance shall
be made without thirty (30) days written notice to the
City's Risk Manager.
As evidence of the above coverage, the Grantee
must provide original certificates of insurance to the
Risk Manager and these must be approved by the Risk
Manager prior to the commencement of this Franchise.
The Grantee must submit a new certificate evidencing
-$ 10935
continuing or replacement coverage prior to the
expiration date of the policy, each year during the
course of this franchise agreement.
Any deviation from these requirements must be
approved by the City's Risk Manager.
It is understood and agreed that the continuance
of operations by the Grantee without the required
insurance will be considered a material breach of this
Franchise Agreement by virtue of which the City may
terminate the same upon thirty (30) days written notice
to the Grantee.
SECTION 9. PERFORMANCE BOND. At the time of its acceptance
of the terms and conditions of this Ordinance as provided herein,
the Grantee shall file with the City Clerk, after approval by the
City Attorney, an annual bond in the minimum sum of $500,000
having as surety thereon a surety company qualified to do
business in the State of Florida, and acceptable to the City, and
conditioned for the full and faithful performance by the Grantee
of all requirements, duties and obligations imposed upon it by
the provisions of this Ordinance, and such bond shall be
furnished annually and shall provide a continuing guarantee of
such full and faithful performance at all times throughout the
effective period hereof.
SECTION 10. RULES - MAKING OF. The Grantee shall have the
right to make and enforce such reasonable rules and regulations
as it may deem necessary for the extension of its facilities, the
sale of its gas, and the prudent conduct of its business,
-9-
1®935
provided that such rules and regulations shall not be in conflict
with the laws, rules, and other regulatory authorities of the
City or Dade County, or the State of Florida.
SECTION 11, JURISDICTION. In the event that the Florida
Public Service Commission, or any other State regulatory
authority, should be deprived of the authority to make rules and
regulations governing the Grantee, then the City Commission, or
other properly appointed governing body, shall have the right to
fix reasonable and compensatory rates to be paid for gas by the
consumers, and to provide for the extension, repair, and
maintenance of mains and service lines, and the connection with
the pipes of the consumers and the installing and testing of
meters, and to regulate the quality and pressure of gas, and to
provide such other and further regulations as shall be reasonably
necessary and proper to provide adequate service to consumers and
to protect their interests.
SECTION 12, ACCOUNTS AND RECORDS. The accounts and records
of the Grantee pertaining to gas service rendered hereunder shall
be maintained within Dade County, Florida, and be open at all
reasonable times for inspection by the duly authorized
representatives of the Grantor. The Grantee shall establish and
maintain appropriate accounts in accordance with generally
accepted accounting methods, and records in such detail that
revenues within the limits of the City are consistently declared
and identified separately from all other revenues.
-10-
10935
The Grantee shall file in duplicate with the City Clerk
of the City, monthly statements of gas revenues derived from
within the City, annual financial statements and such other
statements and reports as the Grantor may reasonably prescribe.
Within twenty (20) days after the close of each month, the
Grantee shall file as required by this Section a statement of gas
revenues derived from within the City for the preceding month.
During each annual period and within one hundred twenty (120)
days after the close of the Grantee's fiscal year, the Grantee
shall file as required by this Section the balance sheet of the
year then ended, and the related statements of income and
retained earnings certified by a Certified Public Accountant.
The Grantee shall at all times make and keep full and complete
plats, maps and records, showing the locations, depth and size of
all pipes and pipe lines now owned by it in the City, or that may
hereafter be laid, and showing the location and kind of all other
works, structures, appliances and appurtenances in the City which
shall be available for inspection to the Grantor during business
hours through any duly authorized officer or employee of the
Grantor. Further, the Grantee shall provide the City with "as
built records" of its underground installations on sheets
provided by the Grantee within sixty (60) days of the completion
and installation.
SECTION 13, FRANCHISE TAX. In consideration of the
adoption of this Ordinance by the Commission of the City of
Miami, the Grantee, its successors or assigns shall pay to the
Grantor, or its successors on or before the 20th day of each
-11- 10935
month during the term of this franchise, a franchise tax for the
preceding month of six percent (6%) of the Grantee's gross
revenue from the sale of natural gas to residential, commercial,
governmental, and industrial customers within the corporate
limits of the Grantor. Nothing herein shall be construed to be a
limitation on the assessment and collection of valid taxes,
licenses and other impositions by the Grantor on and from the
Grantee in excess of such six percent (6%) amount for each month
during the term of this franchise.
If in the future, during the term of this Franchise, the
Grantee makes or agrees to make a franchise payment to another
political sub -division or local governmental authority within the
Company's operating area, of over 50,000 population, that is
equivalent to more than six percent (6%) of Gross Revenues, as
defined hereinabove, the Grantor reserves the right to amend this
Ordinance to require the Grantee to collect and pay the Grantor
such a percentage equal to the percentage paid to such political
sub -division or local governmental authority. The Grantee agrees
to furnish to the City within 90 days from the effective date of
any such franchise or agreement, a copy of such franchise or
agreement.
SECTION 14, FORFEITURE OR REVOCATION OF GRANT. Violation
by the Grantee of any of the covenants, terms and conditions
hereof, or default by the Grantee in observing or carrying into
effect any of said covenants, terms and conditions, shall
authorize and empower the City Commission to declare a forfeiture
of and to revoke and cancel all rights granted hereunder;
-12-
1093-5
provided however, that before such action by the Commission shall
become operative and effective, the Grantee shall have been
served by the City with a written notice setting forth all
matters pertinent to such violation or default, and describing
the action of the Commission with respect thereto, and Grantee
shall have had a period of sixty (60) days after service of such
notice within which to terminate such violation or default; and
provided further, that any violation or default resulting from a
strike, a lockout, an act of God or any other cause beyond the
control of the Grantee shall not constitute grounds for revoking
and cancelling any rights hereunder. In the event that the
Grantee upon receipt of said written notice from the City does
not desist from such violation within the time aforesaid, then
the Grantee shall be deemed to have forfeited all of the grants,
privileges, rights, licenses and immunities given by this
franchise which franchise together with all grants, privileges,
rights, licenses and immunities are then annulled and have no
further force or effect. Grantee shall, however, have the right
to have the propriety of such forfeiture or revocation by a court
of competent jurisdiction and the Grantee shall have three (3)
months after final judgment is obtained before such termination
is final.
SECTION 15, TERMINATION OF GRANT BY INSOLVENCY OR
BANKRUPTCY OF GRANTEE. In the event of a final adjudication of
bankruptcy of the Grantee, the City shall have full power and
authority to terminate, revoke and cancel any and all rights
granted under the provisions of this Ordinance (Franchise).
-13- 10935
SECTION 16, CHANGES IN PROVISIONS HEREOF. Minor changes in
the terms and conditions hereof may be made by written agreement
between the City and the Grantee; however, this Section shall not
be construed as conferring authority to make any changes in or
modifications of the provisions of this Ordinance which would be
repugnant to or inconsistent with basic factors or principles
underlying the terms and conditions hereof.
SECTION 17, REPEALING SECTION. All ordinances or parts of
ordinances, insofar as they are inconsistent with or in conflict
with the provisions of this Ordinance, are hereby repealed.
SECTION 18, SAVING PROVISION. If any section, part of
section, paragraph, sentence or clause of this Ordinance shall be
adjudged by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of any other portion
hereof, but shall be restricted and limited in its operation and
effect to that specific portion hereof involved in the
controversy in which such decision shall have been rendered.
SECTION 19, NON -SURRENDER. Nothing in this Ordinance shall
be construed as a surrender by the City of its rights or power to
ordinances regulating the use of its streets.
SECTION 20, EFFECTIVE DATE, This Ordinance shall become
effective thirty (30) days after final reading and adoption
thereof.
PASSED ON FIRST READING BY TITLE ONLY this 14th day of
November 1991.
-14- 10935
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 5th _ day of December , 1991.
ATTEST: XAVIER -L\ SUARE9, MAYOR
MATTY HIRAI
City Clerk
PREPARED AND APPROVED BY:
RA`FAEL' O! DIAZ
Deputy City Attor
APPROVED AS TO FORM AND CORRECTNESS:
r
W. QU N J S, TII
City Atto y
ROD/pb/M852
_15- 10935
olitlj of 'ffltamt
WALTER 1. FOEMAN
City Clerk
July 29, 1997
Alyce Whitson, Esq.
Municipal Code Corporation
P.O. Box 2235
Tallahassee, Florida 32316
Dear Ms. Whitson:
CESAR H. ODIC)
City Manager
On July 22, 1997 we sent you a letter in connection with Ordinance No. 10935,
requesting that it be included as part of the City of Miami Code, Appendix B -
Franchises. That was an error on our part, as Ordinance 10935 is clearly part of
Appendix B - Franchises (copy attached). The Ordinance which needs to be added to
said appendix is Ordinance 8309 dealing with City Gas Company of Florida.
Please have the necessary corrections made as part of the current supplement to the
new City of Miami Code, which will soon be ready for shipment to us.
Thank you for your continued assistance and courtesy. We apologize for any
inconvenience our letter of July 22nd may have caused.
Sincer ly,
Walter J. I
City Clerk
ENC: (2)
cc: Dilip Surana, Staff Auditor Principal, Internal Audit
OFFICE OF THE CITY CLERK/3500 Pan American Drive/P.O. Box 330708/Miami, FL 33233/(305) 250-5360/FAX: (305) 858-1610
APPENDIX B-FRANCHISES
The following franchises have been granted by the City of Miami.
Adoption
Ord. No. Date
Desctiption
9064 1-24-80
Southern Bell Telephone and Telegraph Co. granted a franchise for
-
permission to construct, operate and maintain necessary tele-
phone equipment on public rights -of -way; in effect from and after
Aug. 12, 1976, and expiring at midnight on Aug. 11, 2006.
9472 9- 9-82
Florida Power & Light Co. granted a franchise for permission to
construct, maintain and operate electric light and power facilities
on public rights -of -way, for the purpose of providing electricity to
the city; effective date March 28, 1983; 30-year term.
10935 12- 5-91
Peoples Gas System, Inc., granted a franchise for permission to
erect, install, extend, maintain, and operate a system of pipes,
pipelines, etc., on public rights -of -way for the purpose of trans-
porting, distributing and selling manufactured or natural gas to
the city; effective date Jan. 5, 1992; 15-year term.
CDB:3
July 22, 1997
Alyce Whitson, Esq.
Municipal Code Corporation
P.O. Box 2235
Tallahassee, Florida 32316
Dear Ms. Whitson:
Enclosed herein please find copy of Ordinance No. 10935 and letter to Ms. Becky
DeNeve dated November 23, 1993. Ordinance 10935 refers to the Peoples Gas
System, Inc. franchise and should be incorporated as an appendix to the Code.
Evidently, this ordinance was never made a part of said appendix and is missing from
the current version of the Code as well.
Please have the necessary corrections made as part of the next supplement to the new
City of Miami Code.
Thank you for your continued assistance and courtesy.
Sincerely,
Walter J. Foeman
City Clerk
ENC: (2)
cc: Dilip Surana, Staff Auditor Principal, Internal Audit
-ft
WALTER J. FOEMAN
City Clerk
lit#la n# 'ffltttmt
Alyce Whitson, Esq.
Municipal Code Corporation
P.O. Box 2235
Tallahassee, Florida 32316
Dear Ms. Whitson:
Y OF �9
t
F
7O�C0., FV04,0
L
July 22, 1997
d
CESAR H. ODIO
City Manager
Enclosed herein please find copy of Ordinance No. 10935 and letter to Ms. Becky
DeNeve dated November 23, 1993. Ordinance 10935 refers to the Peoples Gas
System, Inc. franchise and should be incorporated as an appendix to the Code.
Evidently, this ordinance was never made a part of said appendix and is missing from
the current version of the Code as weU.
Please have the necessary corrections made as part of the next supplement to the new
City of Miami Code.
Thank you for your continued assistance and courtesy.
Sincer ly,
alter J.
City Clerk
ENC: (2)
cc: Di ip Surana, Staff Auditor Principal, Internal Audit
OFFICE OF THE CITY CLERK/3500 Pan American Drive(P.O. Box 330708/Miami, FL 33233/(305) 250-5360/FAX: (305) 858-1610
i
0.14-tv of �tanti
MATEY HIRAI
City Clerk
November 23, 1993
Ms. Becky DeNeve
Vice -President - Supplements
Municipal Code Corp.
P.O. Box 2235
Tallahassee, FL 32304
Dear Ms. DeNeve:
CESAR H. ODIO
City Manager
Following our recent telephone conversations, enclosed herewith
please find a copy of the following Ordinances which refer to
franchises, to be incorporated as an appendix to the Code of the
City of Miami, Florida:
9064 (Southern Bell)
9472 (Florida Power & Light)
10935 (Peoples Gas System, inc.)
Also enclosed is a copy of Ordinance 10146 which amends the Cable
Television License Ordinance.
If I can be of any further assistance, please do not hesitate to
call.
Very truly yours,
Valerie Greenwood
Deputy Clerk
Enc. a/s
OFFICE OF THE CITY CLERK/ 3500 Pan American Drive/P.O. Box 330708/Miami, Florida 33233-0708/(305) 250-5360/FAX(305) 858-1610
12/27/91
AND
MORRIS & REYNOLDS, INC. ; NO P.IGHTS UPON THEvCERTIFICATE HOLDER. THIS CERTIFICATE�DOES NOT AMEND, ;
' EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
I I
9225 SOUTH WEST 158 LANE #3;---------------------------------------------------------------------------;
MIAMI, FL ;
33157- COMPANIES AFFORDING COVERAGE
PHONE3O5-238-1000 ;
'----------------------------------------------------- '---------------------------------------------------------------------------'
INSURED COMPANY LETTER A Ranger Insurance Co. ;
1 1--------------------------------------------------------------------------
City Gas Company of Florida COMPANY LETTER B FCCI Fund
Mrs. Alice Harris -Exec. VP ;--------------------------------------------------------------------------
955 East 25 Street COMPANY LETTER C
Hialeah, FL ;---------------- -
33013 COMPANY LETTER D
i'---------------------------------------------------------------------------�
1 I
COMPANY LETTER E ;
;? COVERAGES(____________________________________________________________________________________________________________________
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY ;
PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO
WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO
ALL TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
'---------------------------------------------------------------------------------------------------------------------------------'
CO; TYPE OF INSURANCE POLICY NUMBER ; POLICY EFF ; POLICY EXP ALL LIMITS IN THOUSANDS
;LTR: ; ; DATE DATE ;
'-
--'--------------------------------i----------------------------i--------------i--------------i---------------------------------I
GENERAL LIABILITY ; ; GENERAL AGGREGATE ;
'---------------------'-----------'
1 [ J COMMERCIAL GEN LIABILITY ; ; ; PRODS-COMP/OPS AGE.
,---------------------'-----------'
, I
E J [ l CLAIMS MADE E l OCC. ; ; ; PEPS. & ADVG. INJURY; ;
i--------------------- '-----------'
I I 1 1 1 I I 1
[ J OWNER'S & CONTRACTORS ; ; ; ; EACH OCCURRENCE ;
PROTECTIVE 1 I ---------------------
1 i 1 1
FIRE DAMAGE
(ANY ONE FIRE)
I 1 I 1 1'---------------------'-----------
'
I I 1 1 i 1 1
MEDICAL EXPENSE
(ANY ONE PERSHR ) 1
'---'--------------------------------'----------------------------'--------------'--------------'---------------------'-----------
!
1 I I I I i
:AUTOMOBILE L I AB ; ; ; CSL ; 200 ;
1
1 1 1 I 1
[ l ANY AUTO ; SBA339927 64/01/91 04/01/92 ; BODILY INJURY ;
t l ALL OWNED AUTOS ; ; ; ; (PER PERSON)
A; [Xl SCHEDULED AUTOS 'POLICY APPLIES ; ; ;---------------------;-----------
T.X] HIRED AUTOS I TO SPECIFIED ; BODILY INJURY ;
[XI NON -OWNED AUTOS ; "NON SELF- ; ; ; (PER ACCIDENT) ;
E l GARAGE LIABILITY ; INSURED" ; ;;--------------------- ;-----------;
t l ; VEHICLES ONLY ; ; ; PROPERTY
'---'-------------------------------- '---------------------------- '-------------- '--------------'---------------------------------'
1 1 1 I I I 1
EXCESS LIABILITY ; ; ; EACH OCC ; AGGREGATE ;
{ l UMBRELLA FORM
E J OTHER THAN UMBRELLA FORM
'---'-------------------------------- '----------------------------'--------------'--------------'---------------------------------'
STATUTORY ;
B; WORKERS' COMP
; 20648 *SPECIAL 01/01/92
12/31/92
; 100 EACH ACC ;
AND
*; EMPLOYERS' LIAR
; ;
:WORDING N/A ;
;
;
; 500 DISEASE -POLICY LIMIT ;
; 100 DISEASE -EACH EMPLOYEE;
---'--------------------------------
1
'---------------------------- '--------------
'--------------
'---------------------------------
:OTHER
A; Auto Physical
; SBA339927 (SEE 04/01/91
04/01/92
; Colr.-250 DED. ;
; Damage
:NOTE ABOVE)
;
CoII.-500 DED. ;
'---------------------------------------------------------------------------------------------------------------------------------'
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS
;
Natural Gas Dealer -
I
State of Florida
CERTIFICATE HOLDER ;_______________________________::
CANCELLATION
= SHOULD ANY OF THE ABOVE
DESCRIBED
POLICIES BE CANCELLED BEFORE THE EX- ;
Cityy of Miami
= PIRATION DATE THEREOF,
THE ISSUING
COMPANY WILL ENDEAVOR TO MAIL 30 ;
ATTN: City Clerk
= DAYS WRITTEN NOTICE TO
THE CERTIF
THE,
E HOLDER NAMED, TO THE LEFT, BUT
3500 Pan American Drive
= FAILURE TO MAIL SUCH NO?ICE
SHP
IMPOSE NO OBLIGATION OR OF
Miami, FL
= ANY KIND UPON THE COMPANY,
IT
ENTS OR REPRESENTATIVES. ;
33133
=-----------------------------
-
------------------------------------;
'
= AUTHORIZED P.EPRESEN
t
;
,nrnan 7s-a r z iszsa
_
f
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
_0 Honorable Mayor and Members
of the City Commission
=ROM Cesar H. Odlo
City Manager
RECOMMENDATION:
DATE FILE
SUBJECT
REFERENCES
ENCLOSURES
Commission Agenda
It is recommended that the attached ordinance granting to Peoples
Gas System, Inc., its successors and assigns a gas franchise;
imposing provisions and conditions relating thereto; containing a
repealer provision, severability clause, and an effective date,
be approved.
BACKGROUND --
Ordinance 6917 of September, 1961 granted to Florida Gas
Utilities Companies a gas franchise for thirty years, which was
later assigned to Peoples Gas System by Ordinance 8954 of June
1979.
It is recommended that a new gas franchise agreement be granted
to Peoples Gas System, Inc., for an original period of 15 years
with three renewal options for 5-year periods, at the option of
both parties.
The new franchise fee of 6%, compared with 3% for the old
agreement, is expected to produce approximately $700,000 in
annual revenues to the City. In addition, the City would have
the right to increase the franchise fee if Peoples Gas were to
agree to pay more than a 6% franchise fee to any local government
with a population in excess of 50,000.
Other benefits to the City provided by this new agreement are:
. New agreement is non-exclusive.
New main pipe lines will be laid at least 4 feet, and
lateral pipe lines not less than 3 feet, below street grade.
Previous requirements were 2 feet and 18 inches for main and
lateral pipes, respectively.
Commercial insurance requirements have been increased from
$1,000,000 to $5,000,000.
Performance bond has been increased from $100,000 to
$500,000.
10335
a -(
i 'tiE vL(ri ;j
w ,
° 1
,-S t
MIAMI REVIEW' i
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Octelma V. Ferbeyre, who on oath says that she is the Super-
visor of Legal Advertising of the Miami Review, a daily
(except Saturday, Sunday and Legal Holidays) newspaper,
published at Miami in Dade County, Florida; that the attached
copy of advertisement, being a Legal Advertisement of Notice
In the matter of
CITY OF MIANJI
ORDLNANCE NO. 10935
RE: PEOPLES GAS SYSTR'I, INC., etc.
In the .. X..x .X .............................. Court,
was published in said newspaper In the issues of
December 13, 1991
Affiant further says that the said Miami Review is a
newspaper published at Miami In solid Dade County, Florida,
andIt at the said newspaper has heretofore been continuously
published in said Dade County, Florida, each day (except
Saturday, Sunday and Legal Holidays) and has been entered as
second class mail matter at the post office In Mlaml In said
Dade County, Florida, for a period of one ar next preceding
the first publication of the attached cop dvertisement; and
affiant her says that she has nei paid r promised any
pero firm or corporation any c nt, reb te, commission
or fu'nd�Tpr the pse of u g this vertisement for
p lic o the ews r /
r Sworn to and subscribed before me this
13th dajof .... . V. M........, A.D. 19.9.....
f «
t..... »....................
(SEAL)
1 --41
6IFFICIAL NDTARY SEAL'
CRISTINA INWLNO
MY COW. EXP. 4/5/95
N
AN intgnstpl parsons wilt take notibe Ahat on, thw -fink. day of
Oecetnbe% 100IL, the City Cotvv lssionrof V4*M, Florida, Adopted
the following titled ordinances:
ORDINANCE NO. low
AN ORDINANCE GRANTING TO PEOPLES Ci/lS SY8
ITS SUCCESSORS AND ASSANS, A GAS FpAjWHjar-
LZING,TINE CITY M1111 40M IN A FC�M4� A9LE 1ITfE
CITY ATTORNEY TO EXECUTE AN Ad 99YORMN THE
CITY OF MIAMI'AND -PEOPLESGAS SYSTEIIA TO 11IMPLIENT
THE ,PROVISION6)OF *A*G,f RANCW$E; CONTt tiOM, A
DER PROVUMON, SEVSAOA It iTY CLAUSE, AND PAOVIO-
INO FOR AN EFFECTIVE OATE.
ORDRANCE AM "M\�
AN ORDINANCE ESTABLISH. tNf3 TWO 0 MW SPECM4 ftEEMVC-
NUE FUNDS ENTITLED: -ei TITLE NA •fFMV' AMB,'LTPA
AND SEVERABILITYCLAiSE.
0"OK MCENa low,
AN ORDINANCE ESTABLISHNG A NEW SPECIAL REVENUE
FUND ENTITLED: `'STAY Mt=SOI00L SRAM *Q JM
KW';-APP 11T*G IF NMB°FOR THE OPERATI�F"$Aft
A REPEALER PROVISION A*0 A STY CLAUSE.,
DONA"NO."so
AN ORDINANCE-ESTAS SHM ApphoPIIIATIANB [SCR cm
ORfIMIANCE; AND PROVIDING 00110110 4 A111MIO1 T10NS
AND DIRECTIONS. TO THE OW MANAtiER" AND CITY CLERK.
Sold ofdiaanoss ntw Ile aitttoeed by 7lMe pArbitC at tM D(fba oC
the ChIr.Cb,04 31gOD PM+ Aso -I i 9okv #Aiwnk FlIaNd4ldendal
F114*1. b"dw^ Yriwasp Nta hots of *80
a.m aad lI�D pat.
MATTY NMI
Cm Cum,
M1AM, FWA116A
1QD7
12►i3 fit,/-4313�31iA