HomeMy WebLinkAboutAgenda Item Summary Formi, AGENDA ITEM SUMMARY FORM
File ID: #14069
Date: 05/26/2023 Requesting Department: City
Commission
Commission Meeting Date: 05/25/2023 Sponsored By: Alex Diaz de la Portilla
Type: Ordinance District Impacted: All
Subject: Emergency Ordinance Non -
Exclusive Franchise Agreement Florida
City Gas
Budget Impact Analysis
Item is NOT funded by Bonds
Reviewed By
City Commission
Maricarmen Lopez
Meeting
Completed
05/25/2023 9:00 AM
Office of the Mayor
Mayor's Office
Signed by the Mayor
Completed
05/31/2023 3:51 PM
Office of the City Clerk
City Clerk's Office
Signed and Attested by the City Clerk
Completed
05/31/2023 3:52 PM
Legislative Division
Valentin J Alvarez
Legislative Division Review
Completed
06/07/2023 11:09 AM
Office of the City Attorney
Thomas M. Fossler
ACA Review
Completed
06/14/2023 3:54 PM
Office of Management and Budget
Marie Gouin
Budget Review
Completed
06/16/2023 11:43 AM
Office of the City Attorney
Victoria Mendez
Approved Form and Correctness
Completed
06/16/2023 1:40 PM
Office of the City Clerk
City Clerk's Office
Rendered
Completed
06/16/2023 4:01 PM
City of Miami File ID: 14069 (Revision:) Printed On: 6/16/2023
- City of Miami City Hall
Legislation 3500 Pan American Drive
Miami, FL 33133
Ordinance www.miamigov.com
Enactment Number:14176
File Number: 14069 Final Action Date: 5/25/2023
(4/5THS VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI CITY
COMMISSION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE,
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A
TEMPORARY, NON-EXCLUSIVE FRANCHISE AGREEMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF
MIAMI AND PIVOTAL UTILITY HOLDINGS, INC. D/B/A FLORIDA CITY
GAS ("FRANCHISEE"), TO ENABLE HOUSEHOLDS TO CONTINUE
RECEIVING GAS SERVICES FROM FRANCHISEE AND ALLOW THE
CITY TO CONTINUE TO RECEIVE FRANCHISE FEES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, pursuant to Ordinance No. 8309, adopted September 10, 1974, the City of
Miami ("City") granted to City Gas Company of Florida, and its successors and assigns, a non-
exclusive franchise ("Franchise") to construct, erect, install, extend, maintain and operate its gas
system facilities within the City's right-of-way; and
WHEREAS, the term of the Franchise expired in November, 2004 and the City and NUI
Utilities, Inc. d/b/a NUI City Gas Company of Florida ("NUI Utilities"), a successor -in -interest to
City Gas Company of Florida, entered into a temporary, non-exclusive franchise agreement
pursuant to Ordinance No. 12613, adopted on November 18, 2004, until February 28, 2005; and
WHEREAS, pursuant to Ordinance Nos. 12656 adopted on February 24, 2005, 12714
adopted on July 28, 2005, and 12779 adopted on March 9, 2006, the temporary, non-exclusive
franchise agreement was extended until August 31, 2006; and
WHEREAS, in March of 2005, NUI Utilites changed its corporate name to Pivotal Utility
Holdings, Inc. d/b/a Florida City Gas ("Franchisee"); and
WHEREAS, the City and Franchisee desire to negotiate and enter into a new franchise
agreement on terms and conditions mutually agreeable to the City and the Franchisee, but have
not yet concluded negotiations; and
WHEREAS, in order to allow the City and the Franchisee time to enter into a new
Franchise Agreement, the City and the Franchisee have agreed to enter into a temporary, non-
exclusive franchise agreement ("Agreement") for the operation of the Franchise as set forth
herein; and
WHEREAS, this Ordinance will enable households within the City to receive gas service
from Franchisee, to allow the City to continue to receive franchise fees and to allow the City and
Franchisee time to enter into a new long-term franchise agreement on mutually agreeable terms
and conditions; and
WHEREAS, in accordance with Section 2-33(f) of the Code of the City of Miami, Florida,
as amended ("City Code") and pursuant to Section 166.041(3)(b), Florida Statutes, the City
Commission, by a four -fifths (4/5ths) affirmative vote, hereby deems this Ordinance to be of an
City of Miami File ID: 14069 (Revision:) Printed On: 6/16/2023
emergency nature and finds it is necessary on the grounds of an urgent need for the continuity
of services for the City's residents and for the preservation of health, safety, welfare, or property
of the public;
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
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. By a four -fifths (4/5ths) affirmative vote, the City Manager is authorized' to
negotiate and execute a temporary, non-exclusive franchise agreement, in a form acceptable to
the City Attorney, with Franchisee to enable households within the City to continue to receive
gas services from Franchisee and the City to continue to receive franchise fees.
Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS
1
Un ndez, ity ttor ey 6/1612023
The herein authorization is further subject to compliance with all legal requirements that may be
imposed, including but not limited to, those prescribed by applicable City Charter and City Code
provisions.
2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date stated
City of Miami File ID: 14069 (Revision:) Printed On: 6/16/2023