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Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 06-01114 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND TO EXECUTE A
NON-EXCLUSIVE FRANCHISE AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, 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, FOR A TERM OF FIFTEEN (15) YEARS WITH UP TO
THREE (3) OPTIONAL FIVE (5) YEAR EXTENSIONS; CONTAINING A REPEALER
PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, pursuant to Ordinance No. 12779, adopted March 9, 2006 ("Short -Term Agreement"),
the City of Miami ("City") granted to Pivotal Utility Holdings, Inc., formerly known as NUI Utilities, Inc.,
previously d/b/a Florida City Gas, 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, the term of the short term Franchise expires August 31, 2006, and the City and
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"), desire to enter into a new long-term
Franchise Agreement; and
WHEREAS, the City and the Franchisee will negotiate and enter into a long term agreement for
the operation of the Franchise as set forth herein; and
WHEREAS, this Ordinance will enable households within the City to continue to receive gas
service from the Franchisee, will allow the City to continue to receive franchise fees, and will allow the
City and Franchisee to enter into a new long-term non-exclusive franchise agreement on mutually
agreeable terms and conditions, set forth in the Franchise Agreement;
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. The City Manager is authorized{1} to negotiate and to execute a non-exclusive
Franchise Agreement, in substantially the attached form, with the Franchisee, for a term of fifteen (15)
years with up to three (3) optional five (5) year extensions.
Section 3. All ordinances or parts of ordinances, insofar as they are in conflict with provisions of
this Ordinance are repealed.
City of Miami Page 1 of 2 File Id: 06-01114 (Version: 1) Printed On: 7/12/2024
File Number: 06-01114
Section 4. 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 5. 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: 06-01114 (Version: 1) Printed On: 7/12/2024