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Text File Report
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3500 Pan American Drive
Miami, FL 33133
www,ci.miami.fl.us
File ID: 06-00108 Type: Ordinance Status:
Enactment #: 12779 Enactment Date:
Version: 1 introduced: 1/18/06 Controlling Body:
Passed
3/9/06
Office of the City
Clerk
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 DBIA FLORIDA CITY GAS
PREVIOUSLY NUI UTILITIES, INC. DBIA NUI CITY GAS COMPANY OF FLORIDA DB/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 MIAMT 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 NUL 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/a/ 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
City of Miemi Page 1 Printed on 6/16/2006
Section 6. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof. (2)
City of Miami
Page 2 Printed on 6/16/2006