HomeMy WebLinkAboutFR/SR Master ReportCity of Miami
Master Report
Ordinance 12714
City Hall
3500 Pan American Drive
Miami, FL 33133
www.ci.miami.fl.us
File ID #: 05-00603 Enactment Date: 7/28/05
Version: 1
Controlling Office of the City Status: Mayor's Office for
Body: Clerk Signature
Title: AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S), AMENDING
ORDINANCE NO. 12613, ADOPTED NOVEMBER 18, 2004, FURTHER AMENDED PURSUANT TO
ORDINANCE NO. 12656, ADOPTED FEBRUARY 24, 2005, EXTENDING THE TERM OF THE
FRANCHISE AGREEMENT WITH PIVOTAL UTILITY HOLDINGS, INC., 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) FEBRUARY 28, 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.
Reference: Introduced: 6/15/05
Name: NUI Utilities/Pivotal Utility Holdings, Inc
Requester: Department of Public Cost: Final Action: 7/28/05
Works
Notes:
Sections:
Indexes:
Attachments: 05-00603 Legislation FR/SR.pdf, 05-00603 Exhibit A FR/SR.pdf, 05-00603-summary form SR.pdf,
05-00603-summary form FR.pdf, 05-00603 back-up letters FR/SR.pdf, 05-00603 Franchise Exton.
Agreement FR/SR.pdf, 05-00603 Cert. of Incumbency & Signature FR/SR.pdf, 05-00603 Insurance
Approval FR/SR.pdf, 05-00603 Previous Legislation FR/SR.pdf
Action History
Ver. Acting Body Date Action Sent To Due Date Returned Result
1 Office of the City 6/28/05 Reviewed and
Attorncy Approved
City of Miami Page 1 Printed on 1/18/2006
I City Commission 7/7/05 PASSED ON FIRST
READING
A motion was made by Jeffery L. AIlen, seconded by Johnny L. Winton, that this matter be PASSED ON FIRST
READING. Chairman Sanchez: All right. Let's try to get FR.1 out of the way. FR.1 is an ordinance on first reading.
Stephanie Grindell: FR.1-- oh, Stephanie Grindell, director of Public Works. FR.1 is an ordinance extending the
short-term agreement with Pivotal Utility Holdings, formally known as NUI (National Utilities, Inc.) Utilities. This.
franchise agreement is currently under negotiation, and it's extension for six months to allow the negotiations to
complete.
Commissioner Allen: I move the item, Mr. Chairman.
Chairman Sanchez: All right. There's a motion by Commissioner Allen, second --
Vice Chairman Gonzalez: Second.
Chairman Sanchez: -- by Commissioner —
Commissioner Winton: Yes, second,
Chairman Sanchez: -- Winton. It is an ordinance. It requires a public hearing. Anyone from the public wishing to
address this item, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed,
coming back to the Commission. No discussion on the item. Mr. City Attorney, read the ordinance, on first reading,
into the record.
The Ordinance was read by title into the public record by the City Attorney.
Chairman Sanchez: Madam Clerk.
Priscilla A. Thompson (City Clerk): Roll call.
A roll call was taken, the result of which is stated above.
Ms. Thompson: The ordinance has been passed on first reading, 4/0.
Chairman Sanchez: FR.2.
Commissioner Winton: Mr. Chairman, could I interrupt for a second?
Chairman Sanchez: Sure.
Commissioner Winton: I have two meetings that are stacked up in my office, so 1 have to go. Ify'ali continue on --
Chairman Sanchez: No, no, no, no, we'll be back. We're going to recess till 2:30.
Commissioner Allen: OK.
Commissioner Winton: OK.
Chairman Sanchez: I just wanted to get as many out of the way --
Commissioner Winton: Because FR.3, I want to have real input. The motion carried by the following vote:
Aye: 4 - Angel Gonzalez, Johnny L. Winton, Joe Sanchez and Jeffery L. Allen
Absent: 1 - Tomas Regaledo
City of Miami Page 2 Printed on 1 /16/2006
1 City Commission 7/28/05 ADOPTED
A motion was made by Johnny L. Winton, seconded by Angel Gonzalez, that this matter be ADOPTED. Chairman
Sanchez: All right, let's move right along. Where are we at? What's the next one?
Commissioner Winton; SR.1.
Chairman Sanchez: SR.1. SR.1 is second reading. Let's try to get some of the second readings --
Commissioner Winton: So moved. ,
Chairman Sanchez: -- out of the way.
Vice Chairman Gonzalez: Second.
Chairman Sanchez: All right. SR.1 is -- just put something on the record briefly.
Stephanie Grindell: Stephanie Grindell, director of Public Works. SR.1 is an ordinance extended the short-term
franchise agreement with Pivotal Utility Holdings, formally known as NUI (National Utilities, Inc.), doing business as
Florida City Gas.
Chairman Sanchez: All right. There's a motion by Commissioner Winton, second by Vice Chairman Gonzalez. It is an
ordinance requiring a public hearing. Anyone from the public wishing to address this item, please step forward and
be recognized. Hearing none, seeing none, it comes back to the Commission for discussion. Seeing no discussion, at
this time, Mr. City Attorney, could you read the ordinance into the record?
The ordinance was read by title into the public record by the City Attorney.
Chairman Sanchez: Madam Clerk, roll call.
Priscilla A. Thompson (City Clerk): Roll call.
A roll call was taken, the result of which is stated above.
Ms. Thompson: The ordinance has been adopted on second reading, 4/0. The motion carried by the following vote:
Aye: 4 - Angel Gonzalez, Johnny L. Winton, Joe Sanchez and Jeffery L. Alien
Absent: 1- Tomas Regalado
I Office of the Mayor 8/2/05 Signed by the Mayor Office of the City
Clerk
1 Office of the City Clerk 8/4/05 Signed and Attested by
City Clerk
City of Miami Page 3 Printed on 1/18/2006