HomeMy WebLinkAboutO-10477J-88-699
7/20/88
TE
ORDINANCE NO. IL0477
AN ORDINANCE ACKNOWLEDGING AND CONSENTING TO
MERGER OF CITY GAS COMPANY OF FLORIDA AND
N.U.I. CORPORATION AND TO ASSUMPTION OF
FRANCHISE OBLIGATIONS TO THE CITY BY
ELIZABETHTOWN GAS COMPANY OF NEW JERSEY, A
WHOLLY -OWNED SUBSIDIARY OF N.U.I. CORPORATION
PURSUANT TO NATURAL GAS FRANCHISE WITH THE
CITY OF MIAMI; SUBJECT TO THE CONDITIONS AS
SET FORTH HEREIN; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
WHEREAS, the City of Miami, by Ordinance No. 8309 granted a
natural gas franchise (the "franchise") to City Gas Company of
Florida (the "Company") a Florida Corporation, for a term of
thirty (30) years commencing on November 5, 1974; and
WHEREAS, the City of Miami is aware of no default on the
part of City Gas Company of Florida with respect to the franchise
and desires to grant its consent to the merger of the Company
with N.U.I. Corporation, a public utility holding company of the
State of New Jersey, whose wholly -owned subsidiary, Elizabethtown
Gas Company will assume the obligations under said franchise;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
preamble to this Ordinance are hereby approved, confirmed and
adopted by reference thereto and incorporated herein as is fully
set forth in this section.
Section 2. The City Commission hereby consents to and
approves the merger of City Gas Company of Florida with N.U.I.
Corporation, a public utility holding company based in New
Jersey, whereby Elizabethtown Gas Company a wholly -owned
subsidiary of N.U.I. Corporation will assume all of the duties
and obligations under the franchise effective as of the date of
merger.
Section 3. The City Commission hereby confirms that the
term of the franchise commenced on the 5th day of November, 1974
for a period of 30 years.
Section 4. The City Commission hereby acknowledges that as
of this date, the franchise is in full force and effect and is
held and owned by City Gas Company of Florida and the rights and
privileges granted thereunder inure to the benefit of City Gas
Company of Florida and its herein designated successor and that
City Gas Company of Florida is in full compliance with the
franchise.
Section 5. The herein acknowledgment and consent is
predicated (a) upon the current franchise being in compliance
with all applicable provisions of county, state, and federal
laws; (b) upon the receipt by the City Attorney of a report from
the City Manager that payments due the City under the franchise
have been paid and are not delinquent; and .(c) upon the City
Attorney's receipt of proof that all insurance requirements under
the franchise have been met. When the provisions of (a), (b),
and (c) above have been satisfied, the City Attorney shall file a
written certification to that effect with the City Clerk.
Section 6. It is agreed that in the event said merger is
not effected for any reason, the terms and conditions of the
franchise shall remain in full force and effect as to the City
Gas Company of Florida.
PASSED ON FIRST READING BY TITLE ONLY this 21st day of
July , 1988.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 8th day of September , 1988. 1--'-
AT S
MAT Y HIRAI
City Clerk
XAVIER L. SUAREZ,,
AYOR
_ 2_
1U4'7'7
PREPARED AND APPROVED BY:
LINDA KELLY KEARSO.
Assistant City Attorney
APPROVED AS TO FORM AND
CORRECTNESS:
'�r
J RR E FER ANDEZ
Cit Attorn
LKK/pb/M350
w
1, Matty Hirai, Clerk of the City of Miami F loridn,
hereby certify that on the.2- _d7y of—
A.
r} -
A. ll. 113 l Za full, true .md r.-.;rrcc.t copy of the above
and f :•rz"Oin po:>t;d at the &-mch Door
of the '?adc Count-,; Gwrt 1-i-ane :-st t1i,! ph,-c provided
for a :tices and p.ihli ,ttions by atmchiug said copy to
the; place provid-,el therefor.
WITNESS my list:►:1 a 1y1 the/official seal of said
City tllis-/�7— day of_ L, II7��,, D. 19...f d
ify Clerk
- 3- IL0477-1
A
\f 314
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO:
Aurelio Perez-Lugones
Legislative Ad;kinistraror
FROM: Jorgle L.- Fern ndPz
City Attorney
DATE: July 6, 1988 FILE:
SUBJECT: 7/21/88 City Commission
REFERENCES: Consent to Merger
ENCLOSURES:
Transmitted herewith for inclusion on the Julv 21, 1988 City
Commission Agenda is:
AN ORDINANCE ACKNOWLEDGING AND CONSENTING TO
MERGER OF CITY GAS COMPANY OF FLORIDA AND
N.U.I. CORPORATION AND ASSUMPTION OF
FRANCHISE OBLIGATIONS TO THE CITY BY
ELIZABETHTOWN GAS COMPANY OF NEW JERSEY, A
WHOLLY -OWNED SUBSIDIARY OF N.U.I. CORPORATION
PURSUANT TO NATURAL GAS FRANCHISE WITH THE
CITY OF MIAMI.
The City Manager has received a copy of this memorandum and
ordinance to determine if the subject franchise is in good
standing.
If additional information is needed regarding this item,
please contact Assistant City Attorney Linda Kelly Kearson at
6700.
Thank you for your assistance.
JLF/LKK/pb/P011
cc: Cesar H. Odio
City Manager
10477 33-/
im
=ROM
31TY OF %AIAMI. FLORID. t,Y�
INTER -OFFICE MEMORANDUM
Honorable Mayor and Members
of the City Commission
r
4Joe L.jFerndez
City At_t
_4TE
JBJECT
cz-FERENCES
FILE :
July 21, 1988
City Commission Meetings:
7/14/88-Agenda Item: #C39
7/21/88-Agenda Items: #2, #4,
ENCLOSURES . fig, ":+Ik1g`y #33 and Non -Agenda
The following information and material should be considered by
you in your deliberations at today's Meeting. The City Clerk has
informed our office that the continued items from the July 14th
Meeting Agenda will be designated with the letter "C" preceding
numbered items from that Agenda:
Agenda Item #C39 (J-88-696) [Resolution rescinding
portion of previously adopted Resolution, allocating
funds, approving guidelines for pilot program and
authorizing contracts] We have been informed by the
City Clerk that on July 14th in your consideration of
this item (City-wide Business Development Pilot
Program/Guidelines/Loan Committee) no roll call vote
was taken on either the enlargement of the Loan
Committee to include Assistant City Manager Herbert J.
Bailey or on the agenda item itself. Accordingly, we
have added the name of Herbert J. Bailey in the
Resolution and request that you formally adopt this
item which essentially formalizes your previous action
at the June 23, 1988 City Commission Meeting.
Aoenda Item 2 (J-88-714) [Resolution accepting
donation of vehicle] We have added language to this
Resolution that will condition your approval of the
donation of a vehicle from the Integrity Insurance
Company "upon compliance with all applicable state
and/or federal laws"; also added to the Resolution is
the serial number'of the subject vehicle.
1-
Honorable Mayc ",and Members
of the City Co....dission
July 21, 1988
Page 2
Agenda Item #4 (J-88-718) [Resolution allocating funds
and authorizing an agreement to establish a homeless
shelter] The terms and conditions of the agreement in
regard to the homeless shelter grant implementation
were not reflected in the Packet Material and a copy of
the Agreement is attached for your consideration.
Agenda stem #8 (J-88-718) [Resolution approving
professional services agreement for drug screening
services] At the time of Agenda Packet distribution,
the subject agreement of this proposed resolution was
not available. For your ref erenoe, we are attaching
the agreement which has been approved by our office.
MOTS: At the time the Consent Agenda is voted upon, if Item #2
is not removed from the Consent Agenda and considered separately,
there should be an announcement made by the Mayor that Item #2 is
being voted upon 'as modified°.
Agenda Item 415 (J-88-699) [Ordinance acknowledging
and 'consenting to merger of City Franchisee with H.U.I.
Corporation] To fully protect the interest of the City
and pending receipt of necessary documentation, we have
added the following language to the Ordinance as
distributed and inserted language in the title to
reflect the conditional nature of your approval:
"The herein acknowledgment and consent is
predicated (a) upon the current Franchise
being in compliance with all applicable
provisions of county, state and federal law;
(b) upon the receipt by the City Attorney of
a report from the City Manager that payments
due the City under the Franchise have been
paid and are not delinquent; and (o) upon the
City Attorney's receipt of proof that all
insurance requirements under the Franchise
have been met. When the provisions of (a),
(b) and (o) above have been satisfied, the
City Attorney shall file a written
certification to that effect with the City
Clerk."
1047`7.
Honorable Ma,jr and Members July 21, 1988
of the City Commission Page 3
We have just been informed by counsel for the City
Franchisee that the existing Franchisee (City Gas
Company of Florida) is being absorbed by merger into
Elizabethtown Gas Company of New Jersey instead of
N.U.I. Corporation. Accordingly, a new ordinance
reflecting this relationship is being prepared and will
be distributed to you prior to your consideration of
this item; all of the conditions noted above appear in
the modified ordinance.
Agenda Stem #33 (J-88-736) [Discussion of requirement
that any future leases of City -owned property to
private olubs contain an affirmative action plan] As a
frame- of reference in the consideration of this item
you will find attached a copy of the City's Minority
Procurement Program Ordinance. Suggestive counterpart -
language in connection with this subject is reflected
in the attached proposed ordinance that incorporates
language that has been i luded is some past lease
agreements where private c have leased City -owned
property.
NON-SCHEDJTI� ITEMS
In addition to a previously forwarded Non -Agenda Item
(J-88-732); namely, an emergency ordinance adopting
recent revisions to the South Florida Building Code,
our office has prepared a resolution (J-88-735) at the
suggestion of Commissioner Plummer and upon request of
the City Clerk:
Nog Agenda Item (J-88-735) [Resolution establishing a
Committee to assist canvassing of election results on
the night of an election] As evidenced by the attached
memorandum of November 6, 1985, the City Clerk is
empowered by the City Code to perform all duties and
functions in connection with municipal elections. Ms.
Hirai requested that we prepare the attached resolution
which provides for the appointment of an Elections
Committee composed of one member of the City Commission
and the City Attorney, or his designee, to assist the
City Clerk in the canvassing of election results on the
night of the election.
JLF:RFC:bss:P586
L
I
Honorable Mai,') and Members July 21, 1988
of the City Commission Page 4
oo: Cesar H. Odio, City Manager
Natty Hirai, City Clerk
Herb Bailey, Assistant City Manager
Angela Bellamy, Assistant City Manager
Chief Perry Anderson, Police Department
Carlos E. Garcia, Director, Department of Finance
Frank Casteneda, Director, Department of Community Development
Ron E. Williams, Director
General Services Administration
Al Armada, Property and Lease Manager
Linda H. 8earson, Assistant City Attorney
Rafael Suarez -Rivas, Assistant City Attorney
Adrienne L. Friesner, Assistant City Attorney
IL04'7'7',
I-
MIAMI REVIEW
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
Supervisor 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 # 5 0 2 6
CITY OF MIAMI
ORDINANCE NO. 10477
In the X X X
.................................... Court,
was published In said newspaper in the Issues of
September 14, 1988
Affiant further says that the said Miami Review Is a
newspaper published at Miami In said Dade County, Florida,
ppand that the said newspaper has heretofore been continuously
Sa ulyday, Sundad In y and Legal Holidays) arndahasach been enteredeas second class mail matter at the post office In Miami in said
Dade County, Florida, for a period of one year next preceding
the first publication of the attached copy of advertisement; and
affiant further says that she has neith aid nor promised any
person, firm or corporation an oun rebate, commission
or refund for the pu�oso o wring t is advertisement for
pub atinra In fhn .nt __
(SEAL)
My Con
MR 116
s*n expires June 211.14
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A
MIAMI REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays L Ky
Miami, Dade County, Florida. r `
STATE OF FLORIDA w
COUNTY OF DADE:
Before the undersigned authority personally appeared
Octelma V. Ferbeyre, who on oath says that she Is the
Supervisor 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 P O # 5 0 0 0
CITY OF MIAMI
NOTICE OF PROPOSED ORDINANCE
RE: •CONSENTING TO MERGER OF
CITY GAS COMPANY OF FL AND
N.U.I. CORPORATION
In the , , ........X...X.. X ...................... Court,
was published in sold newspaper In the Issues of
August 26, 1988
Afflant further says that the said Miami Review is a
newspaper published at Miami in sold Dade County, Florida,
and that the sold newspaper has heretofore been continuously
published In said Dade County, Florida each day (except
Saturday, Sunday and Legal Holidays) and etas been entered as
second class mall matter at the post office in Miami in said
Dade County, Florida, for a period of one year next preceding
the first publication of the attached copy of advertisement; and
afllant further says that she has neithe aId nor promised any
person, firm or corporation any dl unt, rebate, commission
or rel for the purpose of s ring t s advertisement for
pub tl/p��l in �the/g�ald ne sp e . ,/
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�vYro_rtn to'aYi�sabscriKed before me this
26 btu�,g ust 88
dwVl ...... Vivo 0 ••tom'. A.D. 19...... .
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is 1 $anche
;� • Notary Publ� t tetibf Flo ld at Large
(SEAL) 'i�. Fj
My Commission t4fit I9itA1
MR 115