HomeMy WebLinkAboutO-12613City of Miami
Legislation
Ordinance: 12613
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 04-01241 Final Action Date: 11/18/2004
(4/STHS VOTE)
AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A
NON-EXCLUSIVE FRANCHISE AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND NUI UTILITIES, INC.,
D/B/A NUI CITY GAS COMPANY OF FLORIDA; CONTAINING A REPEALER
PROVISION, A SEVERABILITY CLAUSE; AND 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; and
WHEREAS, the term of the Franchise expires in November, 2004 and the City and NUI Utilities,
Inc., d/b/a NUI City Gas Company of Florida ("Franchisee") desire to enter into a new Franchise
Agreement ("Agreement"), but have not yet concluded negotiations on the acceptable terms of such
agreement; and
WHEREAS, Franchisee is City Gas Company of Florida's successor -in -interest; and
WHEREAS, in order to allow the City and the Franchisee time to enter into a new Agreement on
terms and conditions mutually agreeable to the City and the Franchisee, the City and the Franchisee
have agreed to enter into a short term Agreement for the operation of the Franchise as set forth
herein; and
WHEREAS, this Ordinance will enable households within the City to continue to receive gas
service from the Franchisee, to allow the City to continue to receive franchise fees and to allow the
City and Franchisee time to enter into a new longer term Agreement on mutually agreeable terms and
conditions, on the terms and conditions set forth in the Agreement;
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. The City Manager is authorized{1} to execute a Non -Exclusive Agreement, in
substantially the attached form, with Franchisee.
Section 3. All ordinances or parts of ordinances, insofar as they are in conflict with provisions of
this Ordinance are repealed.
City of Miami
Page 1 of 2 File Id: 04-01241 (Version: 1) Printed On: 10/14/2016
File Number: 04-01241 Enactment Number: 12613
Section 4. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is
declared invalid, the remaining provision of this Ordinance shall not be affected.
Section 5. This Ordinance is declared to be an emergency measure on the grounds of urgent
public need for the preservation of peace, health, safety, and property of the City, and upon further
grounds of the necessity to make the required and necessary payments to its employees and officers,
payment of its debts, necessary and required purchases of goods and supplies and to generally carry
on the functions and duties of municipal affairs.
Section 6. The requirement of reading this Ordinance on two separate days is dispensed with by
an affirmative vote of not less than four -fifths of the members of the Commission.
Section 7. This Ordinance shall become effective immediately upon its adoption and signature of
the Mayor.{2}
Footnotes:
{1} The herein authorization is further subject to compliance with all requirements that may be
imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter
and Code provisions.
{2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten
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 herein, whichever is later.
City of Miami Page 2 of 2 File Id: 04-01241 (Version: 1) Printed On: 10/14/2016