HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #14069
Date: 05/26/2023
Commission Meeting Date: 05/25/2023
Type: Ordinance
Subject: Emergency Ordinance Non -
Exclusive Franchise Agreement Florida
City Gas
Budget Impact Analysis
Item is NOT funded by Bonds
City Commission
Office of the Mayor
Office of the City Clerk
Legislative Division
Office of the City Attorney
Office of Management and Budget
Office of the City Attorney
Office of the City Clerk
Requesting Department: City
Commission
Sponsored By: Alex Diaz de la Portilla
District Impacted: All
Reviewed B
Maricarmen Lopez
Mayor's Office
City Clerk's Office
Valentin J Alvarez
Thomas M. Fossler
Marie Gouin
Victoria Mendez
City Clerk's Office
Meeting Completed
Signed by the Mayor Completed
Signed and Attested by the City Clerk Completed
Legislative Division Review Completed
ACA Review Completed
Budget Review Completed
Approved Form and Correctness Completed
Rendered Completed
05/25/2023 9:00 AM
05/31/2023 3:51 PM
05/31/2023 3:52 PM
06/07/2023 11:09 AM
06/14/2023 3:54 PM
06/16/2023 11:43 AM
06/16/2023 1:40 PM
06/16/2023 4:01 PM
City of Miami File ID: 14069 (Revision:) Printed On: 7/1/2025
City of Miami
Legislation
Ordinance
Enactment Number:14176
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 14069 Final Action Date: 5/25/2023
(4/5THS VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI CITY
COMMISSION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE,
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A
TEMPORARY, NON-EXCLUSIVE FRANCHISE AGREEMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF
MIAMI AND PIVOTAL UTILITY HOLDINGS, INC. D/B/A FLORIDA CITY
GAS ("FRANCHISEE"), TO ENABLE HOUSEHOLDS TO CONTINUE
RECEIVING GAS SERVICES FROM FRANCHISEE AND ALLOW THE
CITY TO CONTINUE TO RECEIVE FRANCHISE FEES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, pursuant to Ordinance No. 8309, adopted September 10, 1974, the City of
Miami ("City") 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's right-of-way; and
WHEREAS, the term of the Franchise expired in November, 2004 and the City and NUI
Utilities, Inc. d/b/a NUI City Gas Company of Florida ("NUI Utilities"), a successor -in -interest to
City Gas Company of Florida, entered into a temporary, non-exclusive franchise agreement
pursuant to Ordinance No. 12613, adopted on November 18, 2004, until February 28, 2005; and
WHEREAS, pursuant to Ordinance Nos. 12656 adopted on February 24, 2005, 12714
adopted on July 28, 2005, and 12779 adopted on March 9, 2006, the temporary, non-exclusive
franchise agreement was extended until August 31, 2006; and
WHEREAS, in March of 2005, NUI Utilites changed its corporate name to Pivotal Utility
Holdings, Inc. d/b/a Florida City Gas ("Franchisee"); and
WHEREAS, the City and Franchisee desire to negotiate and enter into a new franchise
agreement on terms and conditions mutually agreeable to the City and the Franchisee, but have
not yet concluded negotiations; and
WHEREAS, in order to allow the City and the Franchisee time to enter into a new
Franchise Agreement, the City and the Franchisee have agreed to enter into a temporary, non-
exclusive franchise agreement ("Agreement") for the operation of the Franchise as set forth
herein; and
WHEREAS, this Ordinance will enable households within the City to receive gas service
from Franchisee, to allow the City to continue to receive franchise fees and to allow the City and
Franchisee time to enter into a new long-term franchise agreement on mutually agreeable terms
and conditions; and
WHEREAS, in accordance with Section 2-33(f) of the Code of the City of Miami, Florida,
as amended ("City Code") and pursuant to Section 166.041(3)(b), Florida Statutes, the City
Commission, by a four -fifths (4/5ths) affirmative vote, hereby deems this Ordinance to be of an
City of Miami File ID: 14069 (Revision:) Printed On: 7/1/2025
emergency nature and finds it is necessary on the grounds of an urgent need for the continuity
of services for the City's residents and for the preservation of health, safety, welfare, or property
of the public;
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. By a four -fifths (4/5ths) affirmative vote, the City Manager is authorized' to
negotiate and execute a temporary, non-exclusive franchise agreement, in a form acceptable to
the City Attorney, with Franchisee to enable households within the City to continue to receive
gas services from Franchisee and the City to continue to receive franchise fees.
Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
"ndez, City ttor
ey 6/16/2023
1 The herein authorization is further subject to compliance with all legal requirements that may be
imposed, including but not limited to, those prescribed by applicable City Charter and City Code
provisions.
2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
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 File ID: 14069 (Revision:) Printed On: 7/1/2025