HomeMy WebLinkAboutFR/SR LegislationCity of Miami
Legislation
Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.ci.miami.fl.us
File Number: 06-00108 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AMENDING ORDINANCE NO. 12714, ADOPTED JULY 28, 2005, EXTENDING
THE TERM OF THE FRANCHISE AGREEMENT WITH PIVOTAL UTILITY
HOLDINGS D/B/A FLORIDA CITY GAS PREVIOUSLY NUI UTILITIES, INC. D/B/A
NUI CITY GAS COMPANY OF FLORIDA D/B/A FLORIDA CITY GAS
("FRANCHISEE"), UNTIL THE EARLIER OF 1) AUGUST 31, 2006, 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 No. 12613, adopted November 18, 2004 ("Original
Ordinance"), 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 NUI City Gas Company of Florida which became known as Florida City
Gas ("Franchisee") and the City adopted Ordinance No. 12656 on February 24, 2005, in order to
extend the term of the Franchise that was expiring February 27, 2005, and the City adopted Ordinance
No. 12714 on July 28, 2005 to extend the term of the Franchise that was expiring August 28, 2005;
and
WHEREAS, in March of 2005, NUI Utilities, Inc. d/b/a Florida City Gas changed its corporate name
to Pivotal Utility Holdings, Inc., d/b/al Florida City Gas; and
WHEREAS, the term of the short term Franchise expires February 28, 2006, and the City and the
Franchisee desire to enter into a new long term 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
Original Ordinance is extended and continued in favor of the Franchisee on all of the same terms and
conditions as set forth in said Original Ordinance, until the earlier of August 31, 2006, or the date
immediately preceding the effective date of any subsequent Franchise Agreement entered into by the
City and the Franchisee;
City of Miami
Page 1 of 2 Printed On: I/31/2006
File Number: 06-00108
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. Ordinance No. 12714, adopted July 28, 2005, is amended to extend the Franchise
Agreement with the Franchisee until the earlier of 1) August 31, 2006, 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}
APPROVED AS TO FORM AND CORRECTNESS
dORGE L FE
CITY AT OR
;N DEZ
EY
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 Printed On: 1/31/2006