HomeMy WebLinkAboutO-12656City of Miami
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Ordinance: 12656
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 05-00048 Final Action Date: 2/24/2005
AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S),
AMENDING ORDINANCE NO. 12613, ADOPTED NOVEMBER 18,
2004, EXTENDING THE TERM OF THE FRANCHISE AGREEMENT WITH NUI
UTILITIES, INC., PREVIOUSLY D/B/A NUI CITY GAS COMPANY OF FLORIDA,
NOW D/BA FLORIDA CITY GAS ("FRANCHISEE") UNTIL THE EARLIER
OF 1) AUGUST 28, 2005, OR 2) THE DATE IMMEDIATELY PRECEDING
THE EFFECTIVE DATE OF ANY SUBSEQUENT FRANCHISE AGREEMENT
ENTERED INTO BY THE CITY OF MIAMI AND THE FRANCHISEE; AUTHORIZING
THE CITY MANAGER TO EXECUTE A FRANCHISE EXTENSION AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; CONTAINING A
REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, pursuant to Ordinance 12613, adopted November 18, 2004, the City of Miami ("City")
granted to NUI Utilities, Inc., previously d/b/a NUI 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, on November 30, 2004, AGL Resources, Inc. acquired NUI Corporation which
operated NUI Utilities, Inc.; and
WHEREAS, NUI City Gas Company of Florida is now known as Florida City Gas ("Franchisee");
and
WHEREAS, the term of the Franchise expires February 28, 2005, and the City and the
Franchisee desire to enter into a new Franchise Agreement, but have not yet concluded negotiations
on the acceptable terms of such Agreement; and
WHEREAS, in order to allow the City and the Franchisee time to enter into a new Franchise
Agreement on terms and conditions mutually agreeable to the City and the Franchisee, the City and
the Franchisee have agreed to extend the term of the Franchise as set forth herein; and
WHEREAS, the City and the Franchisee agree that the Franchise granted by the
above -referenced ordinance is extended and continued in favor of the Franchisee on all of the same
terms and conditions as set forth in said Ordinance, until the earlier of August 28, 2005 or the date
immediately preceding the effective date of any subsequent Franchise Agreement entered into by the
City and the Franchisee;
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
City of Miami
Page 1 of 2 File Id: 05-00048 (Version: 1) Printed On: 10/27/2016
File Number: 05-00048 Enactment Number: 12656
reference and incorporated as if fully set forth in this Section.
Section 2. Ordinance No. 12613, adopted November 18, 2004, is amended to extend the
Franchise Agreement with the Franchisee until the earlier of 1) August 28, 2005, or 2) the date
immediately preceding the effective date of any subsequent Franchise Agreement entered into by the
City and the Franchisee.
Section 3. The City Manager is authorized{1} to execute a Franchise Extension Agreement, in
substantially the attached form, for said purpose.
Section 4. All ordinances or parts of ordinances, insofar as they are in conflict with provisions of
this Ordinance are repealed.
Section 5. 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 6. This Ordinance shall become effective thirty (30) days after final reading and adoption
thereof. {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: 05-00048 (Version: 1) Printed On: 10/27/2016