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HomeMy WebLinkAboutO-089546/25/79 ORDINANCE NO. _81154 AN oROINANCt APPROVING ANb CONSENTING To THE ASSIGNMENT oP RIGHTISING UNDER oRDINANCE NO. 6917) AboPttb StPttMEER 6) 1961) WHICH GRANttb A GAS FRANCHISE TO PLoRIDA GAS UTILITIES CoMANY (THE HOUSTON c oRPORATIoN)) SAID TRANSVER or RIGHTS FROM THE AlloVt COMPANY BEING MADo PtoPLt8 GAS SYSTEM, INC., EFFECTIVE oN ok AtIoUT DULY 2, 19791 coNTAINING A REPEALER PROV/sION ANb A stVERAEILITY cLAU8tt DECLARING THIS TO Et AN tMtAGtNCY MEASURE ON THt GROUND Or URGENT PUELIC NEED AND DISPENSING WITH THE REQUIREMENT or READING THIs ORDINANCE oN TWo SEPARATE DAYS BY A Vott or Not LESS THAN roUR-VIPTHS or THE MtMEtRs or THE coMMIssIoN. WHEREAS, on September 6, 1961, Florida Gas Utilities Company was granted a thirty year gas franchise which was assign- able by its terms; and WHEREAS,due and proper notice has been given by said company -of its intent to transfer andassign its rights under saidfranchise to Peoples Gas System, Inc, effective on or about July 2, 1979; and. WHEREAS, Florida Gas Utilities CoMpany appears to be current in its payments and obligations under said franchise; and, WHEREAS, the contract calling for the acquisition of the Florida Gas Utilities Company requires the herein ordinance to be in effect before the acquisition takes place; and WHEREAS, counsel for Florida Gas Utilities Company has requested, both the governing bodies of Jacksonville and Miami to adopt approval ordinances prior to 'July 2, 1979; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The assignment from'Florida Gas Utilities Company (The Houston Corporation) to Peoples Gas System, Inc., effective on or about July 2, 1979, of. rights held by F1crida Gas Utilities Company (The Houston CorporationY under Ordinance nO, 6917, adopted September 6, 1961, which granted a.gas franchise to said company, is hereby approved 4nd consented to, 41•011111110101111MOM. gectiot 2. All ordinances ot parta of ordinahces, inscfar as they Ate ihdohsisteht with Of ih conflict with the proVisiont df this brdihande, be and the sate are hereby repealed. Section 3, if any sectioh# patt ot section, patagraph, sehtehce ot clause of this Ordihance Shall be adjudged by a court of compoteht jutisdictioh to be inValid# such decisioh shall hot 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 ih the cohtroversy in which such decisioh shall have been rehdered. Section 4. This Ordinance is hereby declared to be an emergency measure on the grouhd of urgent public need for the preservation ofpeace, healthsafetYyand 'property' and the require.-_ .ment,of reading this Ordinance on two separate days'is hereby dispensed with by a vote of not less than four -fifths of the members of the Commission, PASSED AND ADOPTED THIS DAY OF JUNE; 1979. 1AURICE A. FERRE MAURICE A. FERRE M A Y O R ATT RALRG. ONGIE, CITY CLERK PREPARED AND APPROVED BY: /e7(446/t ROHERT F. CLARK ASSISTANT CITY ATTORNEY APPR S TO FORM AND CORRECTNESS; GORG F1 Knox, JR,, 8954 ditie. (50 MIAMI. PLORMA- - INart0.e)ftritt MtNibRANtIuM 1°' *Joseph R, Grassit City Manager rft lark t rill Assist nt to the City Manager DATE. 51q3JFC,T June 2 1079 Assignment of Rights Under Florida Gas Franchise Agreement • ENct.„0.5vPrs The attached Ordinance gives the Citys approval and consent for Florida Gat Utilities Company to assign its. City Franchise -eights to Peoples Gas System, Inc. as prOvided for in the Franchise. Florida Gas Utilities Company is selling its Miami Property to Peoples Gat and System, Inc. on or about July 2, 1979. They 'are asking the City CommissiOn to approye the transfer of Franchise rights prior to that tiMe The procedure is shown in Section 3 of the Ga Franchise (attached). This is a 30 year Franchise approved in 1961.-The fee Is'for 3% of the annual grOss revenue plus a payment of $4s300,00 on'Jahuary 20th,of each year. The action to be taken does not allow for changes to be Made in the Agreement. In order to comply with the Companies request the Ordinance will need to be passed on an emergency bass on June 25 or 26 1979. MONOWLE bidTHE 111 COMMISSION Phi Os Mt city Clerk bAtt Jun , 1979 Letter from Mrs 16 0Thibault► President, Potrpie§ toss Syett n dated May 31, 1979 inre Florida Cas Ompany Smithies hottitsidLt ENtttouhtt Enclosed herewith please find the abovei-captioned letter in connection with a franchise transfer from Florida Gas Company to Peoples Gas System which was received by this Office of the City Clerk on this data, and which isbeing trosmitted to the members of the City Commission for their information. Copiee are also being transmitted to the City's Law Department and Administra- tion. RGOmh cc: Joseph R. Grassie George F. Knox, Esq. Encl.a/s 401 Ottrat a.Iftt1lliAULT 1s11tV5EMf This City Clerk City of Miami not, Florida 33133 Dear Sir: OPiela trr+et %Mix 'R100004i 3i3 tn. fifth1w�wtiE + $.f tt5t B t�f�it; Rt�ltrbf O'tdbi stay 31, l97 By letter of May 2, 1979, Mr, E,P, Shanahan informed you that Florida Gas Company intends to transfer its franchise granted by the City of Miami to Peoples Gas System, inc. The purpose of this letter is to assure your City Council that Peoples 'Gas intends to fulfill all of the responsibilities and obligations under the existing Fran chile with Florida Gas Company after the acquisition is consummated. Peoples Gas also intends to continue, serving the citicens of your City with natural gas and other services as presently provided by Florida Gas. Peoples Gas System has agreed to perform the obligations of Florida Cas Company after the closing date under the franchises granted by the various cities. All existing practices with respect to fran- chise taxes utility taxes and other existing franchise requirements will be continued; and collections and remittances to your City by Peoples Cas will be handled on the same basis as is the procedure of Florida Gas. Peoples Gas System, Inc. is the largest independent gas distri' bution company in the state of Florida and serves approximately,1O0,O0O customers.in-Broward,. Dade and Hillsborough Counties. The Combination of Peoples and the distribution properties of Florida Gas will result in a financially strong company,that will be able to serve the needs_ of its present and 'future customers in the City of Miami and other communities in' the state of Florida. Enclosed is a copy of Peoples' latest annual report. Peoples Gip' looks forward to being a vital and responsible corporate citizen in your community. If you have any questions or will need additional information regarding Peoples Gas System's assumption of the franchises,.please let us'know. • Very truly yours, illilati R.G. Thibault President RGT/ 1rb Enclosure 895& AW Ott %Ma 461;10,0y' Tiiiiitelt ifilkiiiialfaii:hiffirda N7;MT116=0,3„. lu 11,:it!;1;;C6* City ti May 2, 1079 City Clerk City of Miami City Hall Miami, Pt, AID si Dear Sir: Please be advised that Plorida Gas Company hereby gives notice that effective on or about July 2, 1979 it intends to assign to Peoples Gas System, Ind., Tampa, Plorida the fran- chise granted by Ordinance No. 6917, dated September 6, 1961, PLORIDA OAS COMPANY By: EPstlrl -t et_ • P. --- 1-"t7/7 E. P. Shanahan Senior Vice President $954 tt IN -ME W 1 tga7 AN VRLS tANr;E "RANTRA It 'MAMA tIAS /TIMM COMPANY t THE HOUSM 2aRPb1 ATION , VtS SUOZESSORS OR,ASSIONS,,A EAS PREACHES!) IMPOEEN1I PROVISIONS AND =OVU iNS 4T THERITb,t- MOLARINO TMIS 10 EE ALEMSEOENCY MEASURE ON THE ORS -BF OOER - POL3C NE i ANE DISPENS N WITH THE R1 Q Rf 1TS OP READING IMES ORDNANCE ON TWb. SEPARATE IzAYS 8Y A VOTE OP NOT LESS THAR POUR•PPPTHS OP THE MP ERS 0P THR COMMISSION RE IT ORMENED 8Y THE COMMISSION OP TEE CITY OP MUMI, P'IORIDA Section •1. Definitions Seatitsn 2. 'Grant Section 3. Assignment Section 4. use of Street+ Section $. Maintenance Section 6. Laying of Pipe Section q, Construction work Section 8. Indemnification Section 9, Performance Bond Section 10. Rules Making of Section 11. Jurisdiction Section It. Accounts'and Records Section 13. Franchise Tax Section 14, Forfeiture or Revocation of Orant Section 15. Termination bt Grant by Insolvency or Bankruptcy of Grantee Section 16. Changes in Provisions Hereof Section 17. Repealing Section Section 18, .Saving Provision Section 19. ,Ordinance Effective Upon Ratification by Electorate it*vott•te.' Section '20. fight to Purchase Section 21. Emergency Clause SECTI0N_1,, DEFINITIONS. The word "Grantee" shall mean the Florida Gas Utilities company (The Houston Corporation), its successors and assigns, and the word "Grantor" shall mean the City of Miami, Dade county, Florida, its successors and assigns, and the word "Consumer" shall n any person, firm, or public or private corporation served by the Grantee. SECTION 2. GRANT. There is hereby granted to Florida Gas Utilities Company (The Houston, Corporation), its successors and assigns, for a period of thirty (30) years from the passage and - approval of this Ordinance, and;its acceptance by, the Grantee, a .non-exclusive right to erect, install, extend, maintain and operate a system of works, pipee, pipe lines and all necessary apparatus, machinery, atructpres, and appurtenances sn, on and under the streets, alleys, avenues, easements, and other public. ways and places in the City of Miami, Dade County, Florida, as - 1. A 8954 It is new dttndtitut+ed and as Utley hereafter bt added td er et• tended, for the purpose -of transporting, distributing, end toiling manu#'aotured or 'natural gas to said City, ite inhabitants and the publio generally, for dbmeatic, eotmMeroial and industrial uses, and for any,and all ether purposes for which gas, during the period of this grant, may be used, together with the right to enter upon the streets, alleys, avenues, Qasementa, and other publitr ways, places end: grounds of said City for the -purpose or. removing and repairing said works, pipes, pipe lines and111 neeessary apparatus, machinery, struoutre or structures And appurtenances. SE TtbN_3:.ASSIGNMENT., No sale, aasigflnent, Dr trahsrar of the rights granted hereby except to an affiliate of Grantee shall be effective unless the Grantee shall have tiled 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 Cotnrission' shall have by Ordinance approved and consented to such sale, assignment or transfer; provided, however, that any sale, assign- went 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,.'place 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.un- necessarily obstructed, and -before -the Grantee makes any excava- tion 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, plaoe.auch streets or publio place in as good,cendition. and repair ss-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 Pram' t, 2 14, -8954 city sr Miami ratAthA thO right tr rt leflAt5WPOW iation of, the erection tr e'enstraotian thy waria er laying any 'pipe or pipe lines, and to reasonably designate where oath Warms and pipe lines shall be plated' fine Ornnt6t hereby agrees to abide by all the roles and regulations and ordinances which the arantor`ee passed or might peas in the More) and further agrees to abide by any established policy which the City. Commission or its duly suthorieed repre- sentative has pissed; or established; or will estabitsh;'provided; however., it is -not intended'hereby that the City shed have the right of breaching the terms of this franehise other than is herein provided. S CfiI6N,.d , MAIN iNANCg,.t All Such works► piped, pipe lines, apparatus, structures, appurtenances aid the entire plant and system of Grantee shall be constructed and maintained in soh' condition as will enable it to furnish adequate and pontinuous service and shall be constructed, installed and maintained in accordance with accepted good practice and in aCcordance'with the orders, rules and regulations of the Florida Railroad and Public Utilities'Commission or other regulatory body having juris- diction over the Grantee. SECTION 6. LAYING OF PIPE.. All main pipe lines shall be laid at least two feet and all lateral pipe lines not less than eighteen inches 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 of. Miami reserves the right -to lay and permit to be laid electric conduits, water, gas and'other pipe lines or cable$, sewers,. and to do and permit to be -done any underground work that may be necessary or proper by the City Commission or other governing body of the City in, across, along or under 'any street, alley, pub34e way, easement, place or other public ground,. In peraitting such work to be dope 8954 the City tt Maid th %I tet be liable to thattee herein for Sty, 'MAW to beetsittedj ttr stall the City in dting sath-Wbilk be liable to me 'ntat for 1111/ damages not wiltully and gni' netestarily tatasionedi Uteneveri .by reason otestablithitg a grade er by teastttt thanges it the grade tt any itreeti or by VOIIB,511 Ofthe widenirg. gradirg. paving or otherwise improving present em future atreetai alleys, Or other public ways and Woe, or in the Iodation or manner of ebnatrUetionof:anY Water pipee. electric conduits, sewer e or other underground strutture, it Shall be deemed necessary by the City CoMmiasion or other governing body of the City to alter, ehange, adapt or econform the mina, pipe linet, service pipeor other apparatus Or appurtenance or the Grantee hereto, such alterations, or charigebi Shall be made by the Grantee as' ordered it Writing by the City Commission or other governing body of the City, with.. out claim for reimbursement or compensation for damages against the City. It the City Shall require the Grantee to adapt or con- form its pipe linea, pipes) Structures, apparatus, appurtenances or other apPlianees, or in any way tO later, relocate or to change its property to enable any other person or corporation) except the City, Dade County, or the State Or Florida, to use said street, alley) easement, highway or pUblio place, 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 Granteeli ProPertY. The Grantee further agrees that it shall not interfere with, change or injure any water pipes, drains, or sewers, of said City of Miami, Florida, unless it has receivedspecifiC permission from the city Commission, its duly aUthorized;representative,or Board, SECTION 8. -IftEMNIFICATION. That prior to the beginning of any work by the Grantee within the corporate limits,of the City or Miami, Florida, the Grantee shall file with the City:Clerk and , . Mall keep in full force and effect at all times during the effect ive period hereof', insurance certificates evidencing a liability . 4 . 8 9 5 4, MOWN peltdy or ,posieltds, the terns And tenettithe *erne shall be a sh gs to ;rewire for the pretedtien -and indeMtlfiaatibn tf the City with reepeat to and and An legally valid helms of Any persons suffering injury, lose or dame& to isersot tr ortperty by reasen tf,the oonstruetion or operation of a natural -gas diem tribution t3yatem'with'in the corporate limits of the City of Miami, Pier.da. Beth such insurance paliay shall be aubjeet to the aeaept• area end approval of the City Attorney of the City of Miami. Any primary insurance polity Must be issued by a Company having a polieyholderls surplus at least five times the Meant et oavernge of the policy, and the Company must have a management rating in Beetle Insurance Guide of bg or better, Any excess policy used must be issued by Underwriters acceptable to the City Attorney of the City of Miami. Each such policy shall be in -the minimum sum of $150,000.00 for injury or death to any one person, and in the minimum suM of $1,000,000►00 for injury or death to all :persons where there is more than one person involved in any ore accident and in the mibiMum SUM of $500,000.00 for damage to property, resulting from any one accident, and each of the said minimum sums shall remain in full forte and shall be'undittinished during the effective period of this ordinance. Every such insurance policy shall contain a provision whereby every company executing the same shall obligate itself to notify the City Clerk of Miami, Florida, in writing, at least thirty {30) days before any alteration, modification, or cancellation of such policy is to become effective. In the event that any suit is filed or action brought against the City, either severally or, jointly with the Grantee, by any person or corporation seeking to recover damages resulting tram or attributable to the operations or.the existence of the Grantee within the City of Miami, or arising in any manner **Weyer out Or the operations or :existence of the Qrentee Ntthln the :City of Miami, whether duo to the Grantees negligence or otherwlae, the Grantee ,shell, upon written notice by the City, defend acid suit, . 8954 tr ttr in the -even any Judgment therein ahOuld te rendered 'against the Citythe Grantee shall prOMptly 'pay the RUM %bother with all tests resulting therefrom, ArtIVRAA__MOMAROJIons vhAtj At the tiMe tf ita Acceptant§ tf the terms and condittens of this ordinance At prem. vided in tectitn 13 horetfj the OrAntee ahall til* With the City ' Clerk) After approval by the City Attarney, Rh tnnual bontin the - minimum BUM Of $100)060.06, -having AB turety thereon a turety, company qualified tO do busineta in the state of Florida, tnd acceptable to the Cityj and conditioned for thefull and faithful performance by the Orantee of All requirements, duties and tbliga. tions &mooted Upon it by the provisions of this ordinance, and tuch, bond to be furnithed annually Mall provide a continuing guarantee of such full and faithful perfOrmance at all times throughout the effective period hereof, SECTION10.,__RULES,.t.,MAX:NOOP, The Orahtee phall havethe right to make and enforce such reasonable rules and regulations itib it may deem necessary tor the extension bt its facilities, and the Bale of its gas and the prudent ebniiuCt of its business, provided that such rules and regulations shall not be in conflict with the laws, rules, and other regulatory authorities of the City of Miami, or Dade county, or the State of Florida. SECTION 11. URISD/CTION. In the event that the Plorida 8954 • • Railroadand Public Utilities ComMission, or ether State regUlatory authority, should be deprived of the authority to make rules and regulations governing the Grantee, then the City CoMmlssion of the City of Miami, or other governing body, shall have the right to fix reasonable and compensatory rates to be paid for gas by the con- sumers, and to provide for the extension, repair, and maintenance of mains and service lines, and the connection with the Pipes or 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 interests, 6 • AACZUgt t 'The ateoutta and reotrde' ef,' the trantee appertaining to les 'service rendered hereunder shall be maintained within the State 'of-Ploridai. and be 'open at ail reasonable times tor inspection by the duly Authorized, representativettf the Orantbri The °ranee Mil op the Uniform tystem er Atteghte for Public OH Utllitlaa prescribed by the Pitrida Failroad and Tolle Utilities Commission of theltate tf Fda, -The :Orantee shall establish andmaintaLnappropriate atebUnts and 'pewits in such detail tnat-reVenuet within the limits of the City'of Miami Sre:cOnsistently.deoltired separately from all other revenues. The Grantee shall file in duplicateWith the City clerUl& the city or t4i8mi monthly Statements bt gas revenues derived rrom within the city or Miami) annual financial statements and such other statements and reports at the orantOr may' reasonably pre- scribe, Within twenty (g0)days atter the olose,or 001 month) the Dranteeshall the at requited by this section a statement or ges revenues derived from within the city or. miaMi rpr the . preceding month. During each annual period and within one hundred twenty (12o) days atter,the close of the Grantee's fiscal Year, the Grantee shall file as requiredby this section the balance sheet of the year -then ended, andthe related statements of: in- come and retained earnings certified by a. Certified Public Aceountant. The Grantee shall at all times make and keep full encl:complete plats, maps and records, showing the reasonablyexaai locations, depth and size of all pipes and pipe lines now owned by it in the City of Miami, or that may hereafter be laid, ,and showing the location and kind of all other. Works,.etriacturei appliances: and appurtenances, and shall furnish the Grantor, within eireasonable tiMe, with copies of all auchplats,,maps, and records, and these Maps and ricordeand other records and contracts between. the Grantee and persons or corporations furnish- ing gas to. the Grantee for distribution in the City shall be available or inspection during business hours to the Grantor through any duly.puthorited officer or'employas of the Grantor, . 7 . AtaTIONMA,NAPANegitIN014 th 805014.60MM br ihe of this Ordinance by the tomAlelltn tt the City t NMI, the draftee, its Autteabbra or assigns shall pay to the tranter, Or its auccebaors6 the sum tt tne Handred Twenty Nina ThOOSarid " Malaria .4129460,OO) by thirty (30) equal,annall installments tt Pour ThOdtand Three %Marled balers a4J300.,450) 'Wing each, Or the thirty 3) calendar years or'thit franchise following accoptande herebf, the'firat sash payment tO be made on tr before January 201 1962 and each succeeding payment or payment; tO be made on Or before each succeeding danuary2fth until thirty (30) such Dements have been made. On or before the X)th day or ta6h month during the term or this franchise, the Grantee, is successbra or assigns, shall pay to the Grantor, or its auocessors, a franchise tax for the preceding Month Or three percent (3%) tr the Grantee's gras6revenue from the saie'of natural gas ta residential, commercial, Overnmenta and industrial customers Within -the corporate limits Of the Grantor. Reithihg h6ein shill be Con- strued to be a limitation al the assessment and collection or valid taxes; licenses and other mpositions by the trattar on and from the Grantee in excess or such three Percent (3%) amount for each month during the thirty (30) years or this franchise, SECT/ON 14. PORim/TURE OR REVX4TION OP. GRANT. That Viola- tion 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, 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 auch tion: or default,and describing the action of the Commission with respect thereto, and Grantee shall have had a period or sixty (6). dap after service or such notice within which to terminate such violation or derSult;:and provided further that eny,viOlation Or default resulting from a etrike,' a lockout, An act or and or any . 8 8954 Other OM beyond the oentrol of the Orantee ahAll DO% tens atitute grounds for revoking And oaneeling Ray iighte hereunder' In the event that the Grantee upon receipt or said written netiet tram the City does not desist from Lin vielationwithin the time aforesaid, then the Orontes shall be deemed to have fOrteited and annulled and shall thereby forfeit and annul all of the Mid franchiee, grants, privileges, rights, licenses Ind immunities given by thit franchile. The Orante shall not enter into any verbel Or written agreement with any person, firm, corporation, or 11 Other organiaation with agreement la COnditiOhed upon tha Grantee, reteiving tax relief or any ether relief from the tommiesioni, , Nothing herein contained thallipreVent the Grantee from negotiating with arty person, firm, corporation, aabOolatioh, or other anti*, except Grantee ii prohibited from entering into any agreement it with any pertbn, oorporatioh, aseociatiOn, or other entity receiving compensation trim the Giant6r for the issuance Of -this franchise or the continuance thereof under Its provilaions, The Grantee is required to make every Wort tO maintain operation and service at all times even In the event of anY work stoppage by its employees, SECT/ON 15. TERM/NATION OP GRANT BY INSOLVENCY_Vt BANkAtiPTCY OF ORANTEE. That, In the event of a final adjudication ot ruptcy of the Grantee, the City. shall havefull pOWerand authority to terminate, revoke and cancel any and all rights granted under the provleiOnseof this prditance (?ranchiee); SECTION 16. CHANGES IN PROVISIONS 'HEREOF. That minor changes:. in the terms and conditions hereof may be made by written agreement' between the City and the Grantee without further ratifiCatiOn by the electors Of the City, provided, however, that this Section': shall not be construed,as conferring authority to Make any changes in or modifications bf the provisions ot thia,Crdinince which would be repugnant to or inconsistent w2.th basic ractore or principles underlying the terms and conditions hereof,' SECTIONAT. REPEALING SECTION. Thit,a11 ordinances or part or ordinances, inserer es they are inconsistent with Oi'itn consUct'i - 9 • 8954 With the provisions oa this trainanee, be and the Urn are hereby rpsaled, EalLL.sago. , That, it any usetion, part of section, paragraph, !MAMA or clause of this brdinanee shall be adjudged by a court of competent jurisdiction to by 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 speciri'e portion hereof involved in the 'controversy in which such decision shall have been rendered, S C_TtON 19_,_ aRb'rNANCE_ED', EOTttt.E,UPOt _RATIPACATItJR ELECTORAL,, This Ordinance shall take effect at soon as it shall have been ratified and approved by the electors of the City, in accordance with the provisions of Section 74 of the City Charter, The Grantee shalt pay all boats of publication of the notice of the franchise election, and agrees to deposit the sum of $5,0b0,0b with the Clerk of the city of Metal, Florida, to guarantee payment of a portion, of the election oasts, SECTION_20.__RIGHT.TO_YORC1iASE. That the Grantor hereby reserves the right at and after the expiration of this grant, and/ or in the event of the Granteeta forfeiture of any of the terms, conditions and provisions of this Franchise Ordinance. to purchase the physical property of the Grantee used under this grant at a valuation. determined in.accordance with the provisions general law now in effect, 1959. SECTION 21. including Section 167.22, EMERGENCY CLAUSE. declared to'be an emergency measure need for the preservation of peace, and the requirement of reading this of the Florida Statutes That, this Ordinance is hereby on the ground of urgent public health, safety and property Ordinance on two separate days is hereby dispensed with by a vote, of not less than four -fifths of the members of the Commission. PASSED AND ADOPTED this 6th day ATTESTi ' F. L, CORRELL+ CITY CLERK -10. of September, 1961. Robert King High MAYOR 8954 *IMM ate PtrbtISirfse bttlliy °BREW Seine', Urn .afle-. LEgat;Nalieay3 . • /Boo 16 DORM t eufrty, 'Prom. STATE O 'FLORIDA COUNTY 1P DADE: Beibre, ina df1def11 1t2e .Sufiti6rrty fgr3bfiatiy area otttelAta V. POfteyte, whbldn oat Up! that S IS Su ervItiir, L'egai Advertising 61 Mt MIAMI jRif'sirietll and batty Record, a daily (ts;;ccc�t Saturday, SOda, afid Legal Holidays) rtewsbA er, pUblithed al MIAMIin bade Cduhty, Florida; that the 8iatbed copy 6t. advertiserbent, being 8 Legal Advertlserie1 t or Notite ili the Matter of CITY OF MIAMI Re: Ord, 8954 in the X X X it Court, was published in Said 'newspaper in the issues of ,June 20, 1070 Aftiant further says that the said Miami Review and Daily Record is a newspaper published at Miarni, in said Dade County, Florida, and that the said newspaper hat heretofore been continuously published in said bade County, Florida, each day (except Saturday. Sunday and 'Legal Holidays) 'and has been entered ras secohd class mail matter at the post office in Miami, in said bade County, Florida, for period of brie year'next Preceding the first publication Of the attathed copy of advertisement; and affiaht further says that she has neither paid nor promised any person, firm or • corp9tanion any discount, robat commission or refund for trite purpose of securih ` vertiSement for pu iC r1)"on in the said news Sworn to and subcr.bed before Yne ti js A. 19,.tWy. Li •i. A_3'al. {SEAL) MIR.93 enVIDP MINE DADE COUNTY, LOA A � '� 8' tROA NOTICE All interij3tail berteh3 well talc r 4ice�fr ail rwattli w di aline, iMi9thetifftetnrnl331efiofMta i pfeipo et!'theteltbwilYQtit)ed ereinanCe: GIty, t? 1Ii�mi. FIA aRbINANCE 'ND.1s95 AN ORDINANCE APPROVINO_AND-CONSENTINO TO THE ASSIGNMENT OP RIOHTS•ARIS1NO UNDER ORDINANCE, NO, S212, ADOPTED: SEP.TEMBER b, 1481;.:WHICH GRANTED, A OAS FRANCHISE TO FLORIDA OAS ~, SAIIDITRANSFER -COMPANY IGHFS FROM THE ABOVE bM+ PAW? BEING' MADE TO PEOPLES GAS SYSTEM; INe.,'EF PECTIVE ON OR ABOUT •JULY. 2, 1929; CONTAINING A REPEALER PROVISION ANDA SEVERABIL)TY CLAUSE; DECLARING THIS TO BE AN EMERGENCY MEASURE ON THE GROUNDOF URCENT PUBLICNEED AND DiSPENS' !NO WITH THE REQUIREMENT OF READING THIS OR= ,bINANCE;ON TWO SEPARATE DAVS BY A;VOTE OF NOT LESS THAN .POUR•FIFTHS.OF THE MEMBERS OF THE COMMISSION,:.;:, RALPH O,:ONGIE Ur/ CLERK MIAMI, FLOMbA Pubiitation Of tht3 Notice WI the 29 dey of Juhe 1979. 6/29 M790529t351