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City of Miami
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Ordinance
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Miami, FL 33133
www.ci.rniami.fl.us
File Number: 05-00682 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE
NO. 11662, ADOPTED MAY 26, 1998, WAIVING BY ORDINANCE THE NOTICE
REQUIREMENT OF SECTION 5 OF THE FRANCHISE AGREEMENT ENTITLED
"ASSIGNMENT AND TRANSFER;" WAIVING THE REQUIREMENT OF FILING A
WRITTEN NOTICE WITH THE CITY CLERK BY FPL ENERGY SERVICES, INC.,
FOR THE SALE, ASSIGNMENT OR TRANSFER OF THE RIGHTS, PRIVILEGES
AND AUTHORITY GRANTED BY THE FRANCHISE AGREEMENT BETWEEN FPL
ENERGY SERVICES, INC., AND THE CITY OF MIAMI, DATED JUNE 8, 1998;
APPROVING AND CONSENTING TO THE SALE, ASSIGNMENT OR TRANSFER
OF THE PRIVILEGES GRANTED UNDER SAID FRANCHISE AGREEMENT TO
FPL THERMAL SYSTEMS, INC., NOW DOING BUSINESS AS TECO THERMAL
SYSTEMS, INC.; CONTAINING A REPEALER PROVISION, A SEVERABILITY
CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Emergency Ordinance No. 11662, adopted May 26, 1998, approved a Franchise
Agreement between the City of Miami ("City") and FPL Energy Services, Inc., for construction,
operation and maintenance of an energy efficient distribution system (chilled water and steam) in the
public rights -of -way within specific service areas of the City; and
WHEREAS, Section 5 of the Franchise Agreement requires the filing of a written notice from FPL
Energy Services, Inc., to the City Clerk at least sixty (60) days prior to the sale, assignment or transfer
of the rights, privileges and authority granted by the Franchise Agreement; and
WHEREAS, on September 1, 2001, FPL Energy Services, Inc., assigned the Franchise Agreement
to a wholly -owned subsidiary, FPL Thermal Systems, Inc., without filing advance written notice of such
assignment with the City Clerk; and
WHEREAS, on October 1, 2001, FPL Energy Services, Inc., sold and transferred all outstanding
shares of FPL Thermal Systems, Inc., to TECO BGA, Inc.; and
WHEREAS, FPL Thermal Systems, Inc., is now known as TECO Thermal Systems Inc.; and
WHEREAS, the City Commission has determined that the omission of the filing of a written notice
prior to the assignment of the Franchise Agreement to FPL Thermal Systems, Inc. (now known as
TECO Thermal Systems, Inc.), is not a substantial breach by FPL Energy Services, Inc., with any of
the provisions of the Franchise Agreement and to waive the requirement to provide a written notice of
such assignment and the subsequent transfer of control of the assignee does not compromise the
provisions granted by the Franchise Agreement; and
WHEREAS, FPL Thermal Systems, Inc., now known as TECO Thermal Systems, Inc., has been
satisfactorily performing the obligations required by the Franchise Agreement; and
WHEREAS, it is in the best interest of the City and to the benefit of its residents to continue the
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File Number: 05-00682
services provided by TECO Thermal Systems, Inc., under the terms and conditions of the Franchise
Agreement;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLOR1 DA:
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. Section 5 of the Franchise Agreement of Ordinance No. 11662, adopted May 26, 1998,
is amended to allow the City Commission to waive by Ordinance the notice requirement, in the
following particulars:{1}
"Ordinance No. 11662
* * * *
FRANCHISE AGREEMENT BETWEEN
FPL ENERGY SERVICES, INC.
AND THE CITY OF MIAMI
Section 5. Assignment and Transfer.
No sale, assignment, or transfer of the privileges granted under this Franchise Agreement or
sale or lease of the System Facilities, or any portion thereof, shall be effective unless the
Company shall have filed 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 City Commission shall have by Ordinance approved and
consented to such sale, assignment or transfer, which consent shall not be unreasonably
withheld; and provided, however, the Company may sell, transfer or assign this Franchise
Agreement to its parent, or to any subsidiary or affiliate without the consent of the City
Commission. The City Commission may waive by_Ordinance the notice requirement of this
section.
Section 3. The City Commission approves and consents to the sale, assignment or transfer of the
privileges granted under said Franchise Agreement to FPL Thermal Systems, Inc., now known as
TECO Thermal Systems, Inc.
Section 4. All Ordinances or parts of Ordinances that are inconsistent or in conflict with the
provisions of this Ordinance are repealed.
Section 5. 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 6. This Ordinance shall become effective thirty (30) days after final reading and adoption
thereof.{2}
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File Number: 05-00682
APPROVED P,,S TO FORM AND/GORRECTNESS:t
JORGE 11. FERNANDEZ r
CIT1QIIITORNEY
Footnotes:
{1} Underscored words and/or figures shall be added. The remaining provisions are now in effect and
remain unchanged. Asterisks indicate omitted and unchanged material.
{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.
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