HomeMy WebLinkAboutOrdinanceCity of Miami
Legislation
Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 04-01172 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO.
8309, AS AMENDED, EXTENDING THE FRANCHISE AGREEMENT WITH NUI
UTILITIES, INC.; AUTHORIZING THE CITY MANAGER TO EXECUTE, IN
SUBSTANTIALLY THE ATTACHED FORM, THE FRANCHISE EXTENSION
AGREEMENT EXTENDING THE AGREEMENT UNTIL THE EARLIER OF 1)
JANUARY 14, 2005, OR 2) THE DATE IMMEDIATELY PRECEDING THE
EFFECTIVE DATE OF ANY SUBSEQUENT FRANCHISE AGREEMENT ENTERED
INTO BY THE CITY AND THE FRANCHISEE; CONTAINING A REPEALER
PROVISION, A SEVERABLITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, pursuant to Ordinance No. 8309, the City has 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, NUI UTILITIES, INC. d/b/a NUI City Gas Company of Florida ("Franchisee") is City
Gas Company of Florida's successor -in -interest; and
WHEREAS, the term of the Franchise expires in November 17, 2004 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.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. Ordinance No. 8309 is amended to extend the term of the franchise agreement from
November 17, 2004, under the same terms and conditions, until the earlier of 1) January 14, 2005, or
2) the date immediately preceding the effective date of any subsequent franchise agreement entered
into by the City and the Franchisee.
Section 2. The City Manager is authorized {1} to execute, in substantially the attached form, the
Franchise Extension Agreement extending the agreement as provided herein.
Section 3. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with
the provisions of this Ordinance are hereby repealed.
Section 4. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is
declared invalid, the remaining provisions of this Ordinance shall not be affected.
City of Miami Page 1 of 2 File Id: 04-01172 (Version: 11 Printed On: 7/9/2024
File Number: 04-01172
Section 5. This Ordinance shall become effective immediately after final reading and adoption
thereof.
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. FERNANDEZ
CITY ATTORNEY
Footnotes:
[Enter Footnote here]
City of Miami Page 2 of 2 File Id: 04-01172 (Version: 11 Printed On: 7/9/2024