HomeMy WebLinkAboutO-08309ORbiN .NGt No
AN coRbiNANCE GRAN`t't k1 To. CITY- GAS COMPANY
GP ttoRtbA, its r,vcCESSoRs oil AssiONS, A
LIMI1tii G S ?RA cHtSR; 1MPOSJNG t?AOVtSthNs
ANb CoN ITIONS RELATING THERETOt DECLARING
THIS TO Et AN EMEtzOENC/ MEASttttt✓ oN THE
GROt1Nb. oP tJPOEN ' puELI C Ntto ANb hi sREt Si NO
WITH THE REQUIREMENTS OP READING 't'atS
ORbI N NCE ON .'r'w'o SEPARATE DAY::, iA h VOTE
OP NOT LESS THAN I"Otn . 't?TEtc� of THE MEMEns
o THE coMMIsSlOt ,
8E IT ORDAINED BY THE COMMISSION OP THE CITY OP
MIAMI, FLORIDA:
Section 1 . DEFINITIONS
The word "Grantee' shall mean the. City Gas Company
of Florida (a. Florida corporation); its successors and
assigns; and the word "Grantor" shall mean'the city of Miami,
Dade County, Florida, its .successors and assigns, and the
word "Consumer" shall mean any person, firm, or public or
private corporation served by the Grantee.
Section 2 . GRANT -
There is hereby granted to City.Gas Company of
Florida (a Florida corporation), its successors and assigns,
for., a period of thirty (30). years from the passage, and
approval of this Ordinance, and its acceptance by. the Grantee,
a limited exclusive right to erect, install, extend, maintain
• and operate a system of wc'rs,, pips, pipe lines and all
necessary apparatus,machinr•ry; structures, and.appurtenanies
in, on and under the streetq, alleys, avenues, easements, and
:other puhl is ways and placer in 'the City.of Miami; 'Dade Count.y,
Florida, as it i$ now constituted and as it may hereafter )0
added to or extended iin the area bounded on the Mast by 27th
Avenue as the same is exten,lad forth and South to the City limits
and from 27th Avenue West to the Western boundaries of the City
Of Mi iiti y for the putpcise of transporting) distributing
seiiin manufactuted of nattal gas to said dity, its
inhabitants and the pUbiic generally, for domestic, comtnerdial
and industrial uses, and for my and all other purposes for
Which gas,
during the period. of, this grant may be used
gether with the:right to enter upon the streets
alleys,
avenues, easements, and other public ways, places, ahcl gr.ound:3'
f said City for the purpose of remov: ng and repairing 'said
works, pipes, pipe lines and all; necessary apparatus, machinery,
structure or structures and appurtenances.
Section 3., ASSIGNMENT
No sale, assignment,. or transfer of the tights granted
hereby except to an affiliate of Grantee shall be effective un-
less the Grantee shall have filed written notice thereof with the
City Clerk, at least sixty (60) days prior to the scheduled date
of such sale, assignment or transfer; and unless, subsequent to
the filing:.of such notice, the Commission shall have by ordinance
approved and consented to such sale, assignment or transfer; pro-
vided, however, that any sale, assignment or'transfer decreed by
a court of competent jurisdiction in any receivership or bank-
ruptcy proceedings shall not be governed by the provisionscif
this,Section.
Section 4. USE OF STREETS.
The said pipe' lines, pipes; apparatus, structures, and
appurtenances shall be erected, placed or laid -in such manner as-
will, consistent with necessity, least interfere with other public
uses of said streets, alleys, avenues, easements, and public
grounds, and said streets shall not be unnecessarily obstructed,
and before the Grantee makes any excavation or disturb the surface
of any of the streets, alleys or other public,. places it shall
make application for a permit to the appropriate City authority
and shall, with due d .ligence and dispatch, place such streets
or pubiie p1eegil in as g'ad n and re it asliatord.
such tmdavatOn c t distutbanoe was made,. and ifi coo t hh .tr
t teteof O dity tray tiiske sueh fepait^s and chage the cast
thereOt to the.dtahtee aid'coiiect the same ftoM
'he pity of Miami retains, the tight of teasdhab1e:
-regulation 'of the erection or. cohstrttctioh of any works .ot°
laying any pipe or pipe litres, and tt reasonably designate
where Stith WOrks and pie lines shall be placed,
The Grantee' hereby agrees to abide by all,the rules
attd regulations and
ordinances which the Grantor has passed
or might pass in the future, and further ,agrees to abide by
any established policy which the city commission or its duly
authorized representative has passed; or established; or
will establish; provided, however, it ,.s not intendedhereby
that the City shall have the right of breaching the terms
of this franchise other than is herein provided.
Section 5. MAINTENANCE.
All such' works, pipes, pipe lines,
apparatus,
strqc tures, appurtenances and the entire plant; and system
of Grantee :;hall be' constructed and maintained in such cr,n-•
d itic.n as will enable it to furnish adequate and continuous
service and shall be constructed, installed and maintained
in accordance with accepted good practice and in accordance
with the orders, rules and regulations of the Florida Pnblic
Service Commission or other regulatory body having juris-
diction over the Grantee.
Section 6. LAYING OF PIPE.
All main pipe lines shall be laid at least two
feet and all lateral pipe lines not less than eighteen inches.
below the established grade of said streets, avenues, alleys,
easements, and other public ways and places as such grades
now exist or may hereafter be established, unless otherwise
specifically authorized by proper i4thortty Af the City,
Sedtioft / 4 COWTR CfiloW WbFtk,
the City of ;4iattii teserves the tight to lay and
pertfiit to be laid eleo:ric conduits, water, gas and other
pipe sines ot dables, sewei^s, and to do and permit to be
done any underground work that may be necessary or proper
by the City Commission or other
governing body of the city`
in, across, along or under any street, alley, public way,
easement, place or other public ground. In permitting such
work to be done the City of Miami shall not be liable t
the Grantee herein for any damages so occasioned, nor shall
the City in doing such work be liable to the Grantee for
cony damages not wilfully and unnecessarily occasioned.
Whenever, by reason of establishing a grade or by reason of
changes in the grade of any street, or by reason of the
widening, grading, paving or otherwise improving present
or future streets, alleys, or other public ways and places,
or in the location or manner of construction of any water
pipes, electric conduits, sewers or other underground
structures, it shall be deemed necessary by the City Com-
mission or other governing body of the City to alter,change;
adapt or conform the mains, pipe
apparatus or appurtenance of the
ations, or changes, shall be made by the Grantee as ordered
in writing by the City Commission or other governing body of.
the City, without claim for reimbursement or comp0nsation for
damages against the City, If the City shall require the
Grantee to adapt or conform its pipe lines, pipes, structures
apparatus,' appurtenances or other appliances, or in any
way to alter, relocate or to change its property to
enable any other person or corporationsexcept the city,
lines, service pipe or other
Grantee hereto, such alter-
bade Coufity, of the §fate .Of i iorida, .to
alley, easement, highway or public place;
be reiMbursed by the 1 erson or corporation desiring or
use acid tt eet,
ttie Grantee shall
occasioning such change for any loss, cost or
by or arising out of such change, alteration
Grantee's property. The Grantee further agrees that it shall
not interfere with, change or injure any water pipes, drains,
or sewers, of said City of Miami, Florida, unless it has
received specific permission from the city Commission, its duly
authorized representative or Hoard.
Section 8. Indemnification.
That prior to thebeginning of any work
within the corporate limits of the City of Miami,
expense caused
o; relocation of
by the Grantee
Florida, the
Grantee shall file with the City Clerk and shall keep in full
force and effect at all times during the effective period hereof,.
insurance certificates evidencing a liability insurance policy.
or policies, the terms and conditions whereof shall be such as
to provide for the protection and indemnification of ,the City
with respect to any and all legally valid claims of a
suffering injury, loss or damage to person or property by
gas distri-
reason of the construction or operation of a natural
bution system within the corporate limits of the City of Miami-,
Florida.
y persons
Each such insurance policy shall be subject to the
acceptance and approval of the City Attorney of the City of
Miami. Any primary insurance policy must be issued by a Company
having a policyholder's surplus at least five times the amount of
coverage of the policy, and the company must have a minimum rating
of at least AtAAA in the current listing of Rest's Rating Guide,
Any ek eea po1ioy used moat be issued by UTir..efwriters
aoe ap table to the City Attorney of the City Of Mtatni, tarsi
sueh policy shallbe in the tnihifniittt stun .of $500 000,Oh for
injury ot+ death to any one pet:soh► and ih the tninirum sum
of $1, 000, 006.00 for injury or death to all persons whore
there is more than one person involved in any. one ,cdyideht
and in the minimum sum of $500,000,00 for damage to property,
resulting from any one accident, and each of said minimum
SUMS shall remain in full force and shall be undiminished
during the effective period of this ordinance.
Every such insurance certificate shall contain a
provision whereby every company executing the sane shall
obligate itself to notify the city Clerk of Miami, Florida,
in writing, at least thirty (30) days aefore any alteration,
modification, or cancellation of'such policy is to become
effective.
In the event that any suit is filed or action
brought against the City, either severally or jointly with
the Grantee, by any person or corporation seeking to recover
damages resulting from or attributable to the operations or
the existence of the Grantee within the City of Miami, or
arising f.n any manner whatsoever' out of the operations or
existence of the Grantee within the City of Miami, whether
due to the Grantee's negligence or otherwise, the Grantee
shall, upon written notice by the City, defend said suit
or action and, in the event any judgment therein should be
rendered against the City, the ,Grantee shall promptly pay
the sum together with all costs resulting therefrom,
Seetibn . 9 : P `E2 OEiMANCS Odttb
at the dine of•its addeptahce of , the teems
and eonditions of this otdihande as : pto Jided in Seei. bh 11,
hereof, the c rahtee shall file . with 'the City Cletek, itfter
apprbval by the City Attorney, ah ahnt.ta 1 botid ih the mihitmim
having ,,;s .surety thereona sitt'ety
sum of $-5 G� ` G 6,
Company qualified to do business in the State of Florida;.
and acceptable to the City, and conditioned for the full.
and faithful performance by the Grante D of all requiLeniotits,
duties and obligations imposed upon it by the provisions of
this ordinance, and such bond to be furnished annually shall
provide a continuing guarantee of such full and faithful
performance at all times throughout the effective period
hereof.
Section 10. ;ULES MAKING OF.
The Grantee shall have the right to make and
enforce such reasonable rules and regulations as it may
deem necessary for the extension of its facilities,
sale of its gas and the prudent conduct of its business,
provided that such rules and regulations shall not be in
conflict with the laws, rules, and other regulatory auth-
orities of the City of Miami, or Dade County, or the State
of Florida.
Section 11. JURISDICTION.
In the event that the Florida Pl*blic Service Com-
mission, or other State regulatory authority, should be do -
and the
prived of the authority to make rules and regulations ;jovern-
ing the Grantee, then the City Commission of the City of
Miami, or other governing body, shall have the right to fix
reasonable and compensatory rates to be paid for gas by the
consumers, and to provide for the extension, repair, and
Maintetande df Maiht and setVide 1ihes, u d the cohnect ioii
with the piper of the . cdhsumei's and the installifig and
testing of Meters) and to regulate the quality and Riresstirt~
Of qas r . and to provide such other and further regulations
as shall be reasonably hecessary and proper to provide
adequate service to consumers and to protect their interests:
Section 12. ACCOUNTS ANb RECOltbS s
The accounts and records of the drantee appertain-
ing to gas .service .rendered hereunder shall be maintained
within the State of Florida, and be open at all reasonable
times for inspection by the duly authorized representatives
of the Grantor. The Grantee shall use the Uniform System
of Accountsfor public Gas Utilities prescribed by the Florida
public Service Commission of the State of Florida. The Grantee
shall establish and maintain appropriate accountsand records
in such detail that revenues within the limits of the city of
Miami are consistently declared separately from 11,other
revenues.
The Grantee shall file in duplicate with the City
Clerk of the City of Miami, monthly statements of gas revenues
derived from within the City of Miami, annual financia] state-
ments and such other statements and reports as the Grantor
may reasonably prescribe. Within twenty (20) days after the
close of each month, the Grantee shall file as required by
this section a statement of gas revenues derived from within
the City of Miami for the preceding month.. During each annual
period and within one hundred twenty (120) days after the
close of the Grantee's fiscal year, the Grantee shell file
as required by this section the balance sheet of the year then
ended, and the related statements of income and retained
earnings certified by Certified Public Accountant, The
Grantee shall at all times ualte
acid keep i`011 and cotfiplete Alai:s, leaps and tecotds, showihc the
reasonably ekaat legation§, depth and site of all pipes acid pipe
lines owned by it in the city of Miami, or that may hereafter be
laid, and showing the location and kind of all other: work
structures, appliahces and appurtenances, and sha11'furntsh the
traitor, within a reasonable time, with copies. of all such plats,
Maps ; and records, and these maps and records and all other
records and contracts between the Grantee for distribution in
the City: shall be available for inspection during business hcurs
to the Grantor through any duly authorized officer or employee
of the Grantor.
Section 13. FRANCHISE TAX
In consideration of the! ador :ion of this ordinance by
the Commission of the City of Miami, the Grantee, its successors
and assigns shall pay to ti-e Grantor, or its successors, on or
before the 20th day of the month following the end of each im-
mediately preceding month during the term of this franchise: a
franchise tax for the said preceding month, of six percent (!"t)
of the Grantee's gross revenue from the sale of natural gas to
residential, commercial, governmental, industrial, and all other
customers within the corporate limits of the Grantor.
Upon accep-
tance of the terms of this franchise by the Grantee, there shall
be paid to .the Grantor;- six percent (6%) of the gross revenue
received by the Grantee in the area included in this ordinance in
the City, of Miami since January 1, 1974, to and including the
effective date of the franchise; provided, however, that any sum
paid to the Grantor for, that purpose for that period of time may
be offset against the amount due the Grantor, Nothing herein shall
be construed to be a limitation on the assessment and collection
of -valid teites'r. ticefi5es and othei: impositions b t:be
trahtof bit and ffbr the Cltaiitee in e3 dess cif stici
petcent (6%) fot each month during the thii. ty (3d) years
of this frsni hire
Section .14.
sic
`ORFEt ruttE OR REVOCATION OF . GRANT,
That violation by the Grantee of any of the cove"
Hants, terms and conditions hereof, or default by tie
Grantee in, observing or carrying into cffect any of said
covenants, terms,and conditions,,shal.l authorize and empowct,
the City Commission to declare a forfeiture of and to re
voke and cancel all rights granted hereunder, provided,
however, that before such action by,the Commission shall
.become operative and effective, the Grantee shal- have been
served by the City,with a written'notice'setting forth all,
matters pertinent ,to such violation or default, and describ-
ing the action of the Commission,with respect.thercto, and
Grantee shall have had a period of sixty (G0) days after
service of such notice within which to terminate such
violation or default; and provided further that any violation
or default resulting from a . strike, a lockout, •in :act of
God or any other cause beyond the control of the Grantee
shall not constitute grounds for revoking and cancelling
any rights hereunder. In the event that the Grantee upon
receipt of said written notice from the City does not: desist
from such violation within the time aforesaid, theta the
Grantee shall be deemed to have forfeited andannulled and
shall thereby forfeit and annul a11 of the said franchise,
grants, privileges, rights, licenses and immunities given
by this franchise, The Grantee shallnot enter into any
verbal or written agreement with any person, firm, corporation,
`zit othei Corga ii2atioh which c4reetfieht. , is 06hdi'ti.ohed
Upen ,
the Grantee receiving tax relief or any other relief frost
the Cbt nissioh. NOt:hinc herein contained shall prreveht
the Grantee frottr negotiating with any person, firm, cor-
poration, ' aslsociation, or other entity ekoept. Grantee
prohibited from entering into any agreement with any
person, firm, corporation, association or other utility
receiving compensation from th, Grantor for the issuance
of this franchise or the cc)ntin±iance thereof . under its
provisions. The Grantee is required to make every effort
to maintain operation and service at all times even in the
event of any work stoppage by its employees.
Section 15. TERMINATION OF GRANT BY INSOLVENCY
OR BANKRUPTCY OF GRANTEE..
That, in the event of a final adjudication of
bankruptcy of the Grantee, the City shall have full power
and authority to terminate, revoke and cancel any and all
rights granted under the provisions of this Ordinance
(Franchise).
Section 16. CHANGES IN PROVISIONS HFREOF.
That minor changes in the terms and conditions
hereof may be made by written agreement between the City
and the Grantee without further ratification by the electors
of the City, provided, however,. that this Section shall not
be construed as conferring authority to make any changes
in or modifications of the provisions of this Ordinance
which would be repugnant to or inconsistent with basic
factors or principles underlying the terms and conditions
hereof,
5e tioh iI = . REPEAEtNG SECtioNY
That Ail otdinahCPs ot patts of ot-riivandes,
insofar as they
are inconsistent with or in oonf1 ict with
the provisions . of this .0t'dit atice, be and the same are hereby
repealed.
Section 18. SAVING PROVISION,
That, if any section, part of section, paragraph,
sentence or clatiseof this Ordinance shall be adjudged by
a court of Competent jurisdiction to be invalid, such ci
cision shall not affect the validity of any other portion
hereof, but shall be restricted and limited in itsoperation
and effectto that specific portion hereof involved in the
controversy in which such decision shall have been rendered.
Section 19. ORDINANCE EFFECTIVE UPON RATIFICATTON
BY ELECTORATE.
This Ordinance shall take effect as so)nas it.
shall have been ratified and approved by the electors. of
the City, in accordance with the provisions of Section 74
of the City Charter. The Grantee shall pay all costs of
publication of the notice of the franchise election, and
agrees to deposit the sum of $5,000.00 with the Clerk of
the City of da
Miami, Florida, to guarantee payment of :a
portion of the election costs.
Section 20, RIGHT TO PURCHASE.
The Grantor hereby reserves the right at and
after the expiration of this grant, and/or in the event of
the Grantee's forfeiture of any of the terms, conditions
and provisions of this Franchise ordinance, to purchase
the physical property of the Grantee used under this grant
at a valuation determined in accordance with the provisions
-i2-
bf the general i,w WOW. in .eft~edt, ihcittdihq Sectioh 167=22,
' 'ibtida Statutes 19594.
Section 2i EMtACENCy,. C ►USE,
That.this Ordinance is hereby declared to be an
emergency measure ,oh the ground cif utgeht pubiie treed .fot
the preservation of peace,, health, safety and property and
the requirement:of reading thin, ordinance . on two . separate
days is hereby dispensed with by avote of not
four -fifths of the members of the Commission:
Section 22. It is requested that this proposed
Ordinance Amendment 'pe submitted in substantially the
following form to the electors of the City of Miami:
Shall a, limited non-exclusive gas franchise be
granted to the City Gas Company, its successors
or as sign§ in the City r f Miami in the area
bounded on the East by 2 7 th Avenue as the Name
is extended North and Snut i to the City limits
and from 27th Avenue West .: to the Western bound-
aries of the City of Miami?
Section 23. The Board of County Commissioners of
Metropolitan Dade County is requested to submit this pro-
posed Ordinance amendment to the electors of the City of
Miami at the November 5, 1974, State of Florida and Dade
County General Election.
less than
Section 24. The Supervisor of Elections, Metro-
politan Dade County, is requested to provide the assistance
necessary to properly submit this Ordinance Amendment to
the electors of the City of Miami. The registraition of
persons qualified to vote for or against this; proposed
Ordinance Amendment, the list- of polling places in the
applicable preei nuts, the names of those persons; cles,i.gn ited
and a593.gned t:o serve as clerks ct'' election and as 'inspectors
of el.eetipn, and the form 'of Ihal lot to bo Used (prepar00.
in compliance with all statute,ty tec uit:etnent s t dating to
the use of Medhahioai voting tad -nines) shall be EIS ccohtaiiied
in the records of, as provided, desichated, issicined, or
estabtiA ied by the Supervisor of P1eotions, Metropolitan
bade County, The it/ of Miami City Clerk is,hereby 'dcisig-
nated as the official representative of the City cf Miami
City Commissionin all transactions with the Supervisor of
Election, Metropolitan Dade County in relation to matters
pertaining to the use 5f registration books, recordsand for.
all purposes in connection with said election.
Section 25. The City Clerk is hereby authorized.
and directed to give notice of the adoption of this ordinance
and of the provisions thereof by and through the publication
of anappropriate advertisement in two daily newspapers of
general circulation in the city of Miami at least thirty
days before the day said election is to be held.
Section 26. All ordinance:;, code sections or parts
thereof in conflict herewith, insofar as they are in conflict,
are hereby repealed.
Section 27. If any section, sentence, clause, phrase,,
or word of this ordinance is for any reason held or declared
to be unconstitutional, inoperative or void, such holding`
or invalidity shall not affect the remaining portions of
this ordinance; and it shall be construed to have been the
intent of the Commission of the City of Miami to pass this
ordinance without such unconstitutional, invalid, or in-
operative part therein; and the remainder of this ordinance;
after the exclusion of such : part or . Parts shall be deemed
and held
thnrnin.
PASSE AND ADOPTED BY Tint
September, 1974
be valid as if such parts hack not b ihaluded
NM this 27th day of
-45,,
MAU1 ICE A runt
MAY O It
MIAMI REVIEW
ANB BAIL% fite8nb
Pui ,tiled body Saht iddi, NAddq �ttd
Loaf Ilolitto
Jtii6tit , bah Count,', Ftot dd
tAfi of i:i. iiiibA
t oUNfi tit bAbtr
- Refire. the undersigned iitithofity .neiioohMly AO.
bearer' , Ruth Glatter, who tin oath says that she .is
Assistant to the . Publisher Of the Miami Review and
Daily Reoof'd, a Bally „(exceptpSaturday, atSunday! OMLegal .Holidays) newspapeh•
published Miami in
Dade Couhty, Florida; that the attached dopy Of ddver•
tisernent.• being a Legal Advertiseriieht or Notice In
the matter of
�. o .. Florida
Re
AbOP!ION bF oADtNANCF NO. 8309
tri the XXX burt.
was published in said "newspaper In the issues TO;
Oetober 3, 1974
Affiant further `says that the said Miami Review
and Daily Record is a newspaper published at Miami,
in said Dade County;. Florida, and that the said news.
paper has 'heretofore been continuously published In
said Dade County Florida, each day (except Saturday,
Sunday and Legal Holidays) and has been entered as
second class mail matter at the post office In Miorni,
in said Dade County, Florida, for a period of one year
next preceding the first publication of. the attached
copy of advertisement; and afflant further says that
she has neither paid nor promised any person, firm
or corporation any. discount, rebate. commission or
refund for the purpote-of:seilitring this advertisement
For publicationIrl-theti te1 neWsd+cber.
.• -.. e
,
$worn to and subscribed before me this
. 3rd ' October 74
'day of , A.D. 19
V°. r tt f M,aarjo►le °T. Smith
ptaFx,P911I1C,i biota of Florida at Large.
My Commission expires September 1, 1977.
(SEAL)
tilt ifi 3ttliitt
bAh1 tetNft, Ptti ihA
kOAL iifiit•Fi
An ihiefette<1 t%ill truce irittee
that- nh the 'fth day nt Sept .
tetnber, 1974, the Oafhirits§tnn •nt.
the - Cfty nt li Ml. - 1'!Orkin
adopted en nrillhahee. entitled .
;AN 0713I tAt;CE Gh gv'F1Ma
TO CM' Ct�it'!4 Off'
PL'ORthDA, 1TS StitO+essOfiS
OR AS?IGSS; '_A 1J1111TED
OAS k'R.ANL`HISEiIMPOSING:
JFROV1STONS : AND . COXb1:
TIO>S R ',ATI°lr; TItERt:'1'O:
bf.CL f,t!I tl THIS TO t3E ANli t1?RGt\C'1' MkAStIlt ON
THE ottOG- OP URGI:s"r
PL I3t t.0 : NEED AND b.S-
rpns's t; WIT)4 • t'tIE
Qt1REMEN'TS OP" READiN
intrms' ottb1A±Nct Off' TWo
SEPARATE PArt 13�'�A VOTM,I
OP Not TITAN TITAN POtiR=
Pirr s OF 'tit- \ttNtnioRs
OF' T1IF: COMMISSION.
whir+ is des?kvted Ordihnhre
S'30J.
IT. D. SOt V.-I : RN
.CITY CLER?
CITY OF '
Mtt'MI. PLOPTt& .
,Putp1ePt'nn nr t' ;s nottee on
the Sre1 daffy of October, 1914.• • I
10'2 M 10107
MCteb
92.*.44
(A='11.6)
ORDINANCE NO.d,
AN ORDINANCE GRANTING TO CITY GAs COMPANY.
OF FLORIDA, ITS SUCCESSORS, OR ASSIGNS, A
LIMITED GAS FRANCHISE; IMPOSING PROVISibNs
AND CONDITIONS RELATING THERETO: DECLARING
THIS'TO BE AN EMERGENCY MEASURE ON THE
GROUND OF URGENT PUBLIC NEED AND DISPENSING
WITH THE REQUIREMENTS OF READING THIS
ORDINANCE ON TWO SEPARATE DAYS BY A VOTE
OF NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS
OF THE COMMISSION:
BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. DEFINITIONS
The word "Grantee" shall mean the City Gas Company
of Florida (a Florida corporation), its successors and;
assigns, and the word "Grantor" shall mean the City of Miami,
Dade County, Florida, its successors and assigns, and the
word "Consumer shall mean any person, firm, or public or
private corporation served by the Grantee.
Section 2. GRANT.
There is hereby granted to City Gas Company of
Florida (a Florida corporation), its successors and .assigns,
for a period of thirty (30) years from the passage and
approvalofthis ordinance, and its acceptance by the Grantee,
5
a limited exclusive right to erect, install, extend, maintain
and operate a system of works, pipes, pipe lines and all
necessary apparatus, machinery, structures, and appurtenances
in, on and under the streets, alleys, avenues, easements, and..
other public ways and places in the City of Miami, Dade County,
Florida, as it is now constituted and as it may hereafter be
added' to or extended in the area bounded on the East by 27th
Avenue
as the same is extended North and South to the City limits
and from 27th Avenue West to the Western boundaries of the City
of Miami, for the purpose of transporting, distributing, and
selling manufactured or natural gas to said City; its
inhabitants and the public generally, for dofnestic, comtnercial.
and industrial Uses, and for any and all other purposes for
Which gas during the period of this grant, may be Used,
gether with the right to enter upon the streets, alleys,
avenues, easements, and other public ways, places, and grounds.
of said City for the purpose of removing and repairing said
works, pipes, pipe lines and all necessary apparatus, machinery,
structure or structures and appurtenances.
Section 3 ASSIGNMENT.
No sale, assignment, or transfer of the rights granted
hereby except to an affiliate of Grantee shall be effective un-
less the Grantee shall have filed written notice thereof with the
City Clerk, at least sixty (60) days prior to the scheduled date
of such sale, assignment or transfer, and unless, subsequent to
the filing of such notice, the Commission shall have by ordinance
approved and consented to such sale, assignment or transfer; pro-
vided, however, that any sale, assignment or transfer decreed by
a court of competent jurisdiction in any receivership or bank-
ruptcy proceedings shall not be governed by the provisions of
this Section
Section 4. USE OF STREETS.
The said pipe lines, pipes, apparatus, structures, and
appurtenances shall be er
ected, reefed, placed or laid in such manner as
will, consistent with necessity, least interfere with other public
uses of said streets, alleys, avenues, easements, and public
grounds, and said streets shall not be unnecessarily obstructed,
and before the Grantee makes any excavation or disturb the surface
•
of any of the streets, alleys or other public . places, it shall
make application for a permit to the appropriate City authority,
and shall, with due diiigenge
i 2 VW
,nddi.epatch, place such streets
or pfi1b� is ptad in as good COnditioh.and retiaif as befote
such ekdavatidn of distiirbande was made aid ih default
. theteof the City fnay Make such tep1its and chai^ge the cost
thereof to the Grantee ancd cotiect the same from it:
The City of Miami retains the right "of reasonable
regulation of;the erection or construction of'afiy works or
laying any pipe or pipe lines, acid to.reasonably designate
.'where such works and pipe lines shall be,placed..
The'Grantee'hereby agrees to abicde'by all the rules
and regulations and ordinances which the Grantor has passed
or might pass:in the future,and further agrees to abide by.
any established policy which the City Commission or its duly
authorized representative has passed; or established;or
will establish; provided, however, it,is not intended hereby;
that the City shall have the right'of breaching the terms
of this franchise other than is herein provided.
Section 5. MAINTENANCE.
All such works, pipes, pipe lines, apparatus,
structures, appurtenances and the.entire plant and ,system
of Grantee shall be constructed and maintained in such con-
dition as will enable it to furnish adequate and continuous
service and shall be constructed, installed and maintained
in accordance with accepted good practice and in accordance
with the orders, rules and regulations of the Florida Public
Service Commission or other regulatory body having juris-
diction over the. Grantee.
Section 6. LAYING OF PIPE.
All main pipe lines shall be laid at least two
feet and all lateral pipe lines not less than eighteen inches
below the established grade ofsaid streets,avenues, alleys,
easements,', and other public ways and places as such grades
now exist or may hereafter be established, unless otherwise
specifically authorized by proper authority of the City,
Section 7, CONSTRUCTION WORK
The City of Miami reserves the right to lay and
pe Mit to be laidelectric conduits, water gas and other,
pipe lines or" cables, sewers, and to do and permit to bE
done any underground work that may be necessary or proper
by the City. Commission or other governing body of the city
in; across, along or under any street, alley, public way,
easement, place or other public ground. In permitting such
work to be done the City of Miami shall not be liable to
the Grantee herein for any damages sooccasioned, nor shall,
the City in doing such work be liable to the Grantee for
any damages not wilfully and unnecessarily occasioned.
Whenever,
by reason of establishing a grade or by reason of
changes in the grade, of any street, or by reason of the
widening, grading, paving or otherwise improving present
or future streets, alleys, or other public ways and places,
or in the location or manner of construction of any water
pipes, electric conduits, sewers or, other underground
structures, it shall be deemed necessary by the City Com-
mission or other governing body of the City to alter, change,
adapt or conform the mains, pipe lines, service pipe or other
apparatus or appurtenance of the Grantee hereto, such alter-
ations, or changes, shall be made by the Grantee as ordered
in writing by the City Commission or other governing body of.
the City, without claim for reimbursement or compensation for
damages against the City, If the City shall require the
Granteeto adapt or conform its pipe lines, pipes, structures
apparatus, appurtenances or other appliances, or in any
way to, alter, relocate'or to change its property to_
enable any other person or corporation, except the City,
Dade Cotinti, or the State of Florida, to use said street
alley; easement, highway or public place, the Grantee shall
be reimbursed by the person or corporation desiring or
occasioning such change for any loss, cost or,e7{pense caused
by g change,alteration or, relocation of
or arising out of such
Grantee's property. The Grantee further agrees that it shall
not interfere with, change or injure any water pipes, drains,
or sewers,,
said City of Miami, Florida, unless it has
received specific permission from the City Commission, its duly
authorized representative or Board.
Section 8. Indemnification.
That prior to the beginning of any work by the Grantee
within the corporate limits of the City of Miami, Florida, the
Grantee shall file with the City Clerk and shall keep in full
force and effect at all times during the effective period hereof,
insurance certificates evidencing a liability insurance policy
or: policies, the terms and conditions whereof shall be such as
to provide'f or the protection and indemnification of the City
with respect to any and all legally valid claims of any persons
suffering injury, loss or damage to person or property by
reason of the construction or operation of a natural gas distri-
bution system within the corporate limits of the City of Miami,
Florida.
.Each
such insurance policy shall be subject to the
acceptance and approval of the City Attorney of the City of
Miami. Any primary insurance policy must be issued by a Company
having a policyholder's surplus at least five times the amount of
coverage of the policy, and the Company must have a minimum rating
of at least APAAA in the current listing of Best Rating Guide,
Any eXcess, pblicy used mustbe issued by Uhdetwr?iters
acceptable to the City Attorney of the City of Miami► Each
such policy shall be in the minimutn sutra of $500►000100 fot
injury ordeath to any one person, and in the minimum surd
f $1,000,000.00 for injury or death to all.petsons where
there is more than one person involved in any one accident
and in the minimum sum of $500,000,00 for damage to property,
'esulting from any one accident, and each of said minimum
sums shall remain in full force and shall be undiminished
during the effective period of this ordinance,
Every such insurance certificate shall contain a
provision whereby every company executing the same shall
obligate itself to notify the City clerk of Miami, Florida,
in writing, at least. thirty (30) days before any alteration,
modification, or cancellation of such policy is to become
effective:.
Zn the event that any suit is filed or action
brought against the City, either severally or jointly with
the Grantee, by any person or corporation seeking to recover
damages resulting from or attributable to the operations or
the existence of the Grantee within the City of Miami, or
arising in any manner whatsoever out of the operations or
existence of the Grantee within the City. of Miami, whether
due to the Grantee's negligence or otherwise, the Grantee
shall, upon written notice by the City, defend .said suit
or action and, in the event any judgment therein should be
rendered against the City, the Grantee shall promptly pay
the sum together with all costs resulting therefrom,
a■■e
Section §,
PtikkiAMAWF ONt5
That, 'at the tithe of: its addeptande of the terhit ,
and donditions of this otdinande,as proVided ih Section-13,
hereof, the Grantee shall file with the City i1er1 aftet
approval by the City Attorney, an annual bond in theminimum
sum of $-�C, !,(:,r,„!`�_
having as surety thereon a surety
.company.qualified'to do business in' the State .of Florida,
and acceptable to the City, and conditioned for the full
and faithful performance by the Grantee of all requirements,
duties and obligations imposed upon it by the provisions of
this ordinance, and such bond to be furnished annually shall
provide a continuing guarantee of such full and faithful.
performance at all times throughout the effective period
hereof.
Section10. RULES - MAKING OF.
The Grantee shall have the right to make and
enforce such reasonable rules and regulations as it may
deem necessary for the extension of its facilities, and the
sale of its gas and the prudent conduct of its business,
provided that such rules and regulations shall not be in
conflict with the laws, rules, and other regulatory auth-
orities of the City of Miami, or Dade County, or the State
of Florida.
Section 11. JURISDICTION.
In the event that the Florida Public Service Com-
mission, or other State regulatoryauthority, should be de-
prived of the authority to make rules and regulations govern-
ing the Grantee, then the City Commission of the City of
Miami, or other . governing body, shall have the right to fiX
reasonable and compensatory rates to be paid for gas by the
consumers, and to provide for the eNtension, repair, and
tnathterande of Chains and SerVide linesand the coiinedtioh
with the pipes of the consumers and the ihstalling and
testing of meters, and to regulate the quality and ptessure
of gas, and to provide such other and further regulations
as shall be reasonably necessary and proper to provide
adequate serviceto consumers and to protect their interests.
Section 12, ACCOUNTS NNO RECORDS,
The accounts and records, of the Grantee appertain-
ing to gas service rendered hereunder shall be maintained
within the State of Florida, and be open at all reasonable
times for inspection by the duly authorized representatives
of the Grantor. The Grantee Shall use the Uniform System
of '\ccounts for Public Gas Utilities prescribed by the Florida
Public Service Commission of the State of Florida.. The Grantee
shall establish and maintain appropriate accounts and records
in such detail that revenues within the limits of the City of
Miami are consistently declared separately from all other
revenues.
The Grantee shall file in duplicate with the City
Clerk of the City of Miami, monthly statements of gas revenues
derived from within the City of Miami, annual financial state-
ments and such other statements and reports as the Grantor
may reasonably prescribe. Within twenty (20) days after the
close of each month, the Grantee shall file as required by
this sectiona statement of gas revenues derived from within
the City of,Miami for the preceding month, During each annual
period and within one hundred twenty (120) days after the
close of the Grantee's fiscal year, the Grantee shall file
as required by this section the balance sheet of the year then
ended, and the related statements of inconne and retained
earnings certified by Certified Public Accountant, The
Grantee shale.' at.all times make
and keep full and complete plats, maps and tecotds, showing the
reasonably e3cact 1ocations; depth 'and size Of all pipes arid 'pipe
lines owned by. it in.the City Of Miami, -or that tray hereaftet'be
laid, and shoving the, location and kind of all other works,
structures,. appliances and appurtenances, -and shall furnish the-.
Grantor, within,a reasonable time, with copies
f all.such plats,
maps, and records, and these maps and records and all other
records and contracts between the Grantee for distribution in
the City shall be available for inspection during business hours
to the Grantor through any duly authorized officer or employee
of the Grantor.
Section 13. FRANCHISE TAX.
In considerationof the adoption of this Ordinance by
the Commission of the City of Miami, the Grantee, its successors
and assigns shall pay to the Grantor, or its successors, on or
before the 20th day of the month following the end of each im-
mediately preceding month during the term of this franchise, a
franchise tax for the said preceding month, of six percent (6%)
of the Grantee's gross revenue from the sale of natural gas to
residential, commercial, governmental, industrial,, and all other
customers within the corporate limits of the Grantor. S-ueh---pay-
ment-s--sii 11 be tin--oiler-sting--expense--of the -Grantee. Upon accep-
tance of the terms of this franchise by the Grantee, there shall
be paid to the Grantor, six percent (6%) of the gross revenue
received by the Grantee in the area included in this ordinance in
the City of Miami since January 1, 1974, to and including the
effective date of the franchise; provided, however, that any sum
paid to the Grantor for that purpose, for that period of time may
be offset against the amount due the Grantor, Nothing herein shall
be construed to be a limitation on the assessment and collection
of valid takes, iidehses and other impositions by the
Gtahtot oh and from. the Grantee ihh ekCess of sudh sik
petceht (6%) for each inonth during the thirty (30) yeafs
of this fraiiChise.
Section 14, EORF'EITURE OR RE`V`OGATtOt4 0? GRANT,
That violation by the Grantee of any of the cove
rants, terms and conditions hereof, or default by the
Grantee in observing or carrying into effect any of said.
covenants, terms and conditions, shall authorize and empower
the City Commission to declare a forfeiture of and to re-
voke and cancel all rights granted hereunder, provided,
however, that before such action by the Commission shall
become operative and effective, the Grantee shall have been
served by the City with a written notice setting forth all
matters pertinent to such violation or default, and describ-
ing the action of the Commission with respect thereto, and
Grantee shall have had a period of sixty (60) days after
service of such notice within which to terminate such
violation or default; and provided further that any violation
or default resultingfrom a strike, a lockout, an act of
God or any other cause beyond the control of the Grantee
shall not constitute grounds for revoking and cancelling
any rights hereunder. In the event that the Grantee upon
receipt of said written notice from the City does not desist
from such violation within the time aforesaid, then the
Grantee shall be deemed to have forfeited and annulled and
shall thereby forfeit and annul all of the said franchise,
grants, privileges, rights, licenses and immunities given
by this franchise, The Grantee shall not enter into any
verbal or written agreement with any..person, firm, corporation
or Other organization which agreenieht is dohditiohecd Upon
the Grantee receiving tak relief or ahy other relieffrom
the. Cotntnission. Nothing herein contained shall prevent
the Grantee from negotiating With ahy'person, firms dot=
potation, association, or other entity eRcept Grantee is
prohibited from entering into any agreement with any
person, firm, corporation, association or other utility
receiving compensationfrom the Grantor for the issuance
of this franchise or the continuance thereof under its
provisions. The Grantee is required to make every effort
to maintain operation and service at all times even in the
event of any work stoppage by its employees.
Section 15, TERMINATION OF GRANT BY INSOLVENCY
OR BANKRUPTCY OF GRANTEE.
That, in the event of a final adjudication of
bankruptcy of the Grantee, the City shall have full power
and authority to terminate, revoke and cancel any and
rights granted under the provisions of this Ordinance
(Franchise) ..
Section 16. CHANGES IN PROVISIONS HEREOF.
That minor changes in the terms and conditions
hereof may be made by written agreement between the City
and the Grantee without further ratification by the electors
of the City, provided, however, that this Section shall not
be construed as conferring authority tomake any changes
in or modifications of the provisions of this Ordinance
which would be repugnant to or inconsistent with basic
factors or principles underlying the terms and conditions
hereof,
all
Seetioh i7: REPEALtNG SECTION.
That ail ordinances or parts of otdinances,
insofar as they are inconsistent With' or in dOnfiict with
the provisions of this Ordinance, be .and the same ate.hereby'',
.repealed:
Section 18. SAVING PROVISION.
That if any section, part of section, paragraph,
sentence or clause of this Ordinance shall be adjudged by
a courtof competent jurisdiction to be invalid, such de-
cision shall not affect the validity of any other portion
hereof, but shall be restricted and limited in its operation..
and effect to that specific portion hereof involved in the
controversy in which such decision shall have been rendered.
Section 19, ORDINANCE EFFECTIVE UPON RATIFICATION
BY ELECTORATE..,
This Ordinance shall take effect as soon as it
shall have been ratified and, approved by the electors, of
the City, in accordance with the provisions of Section 74
of the City Charter. The Grantee shall pay all costs of.
publication of the notice of the franchise election, and
agrees to deposit the sum of $5,000.00 with the Clerk of
the City of Miami, Florida, to guarantee payment of a
portion, of the election. costs.
Section 20. RIGHT TO PURCHASE.
The Grantor hereby reserves the right at and
after the expiration of .this grant, and/or in the event of
the Grantee's forfeiture of any of the terms, conditions
and provisions of this Franchise Ordinance, to purchase
the physical property of the Grantee used under this grant
at a valuation detertmined in accordance with the provisions
of the' general law now'in effects indltiditig Sedtioh iS7:22
Florida Statutes 1959
.Section 21 t EMERGEt C'i OLAUSE r
That this ' Orditiatide is ' hereby cledlared to be' at
emergency measure on the ground of Urgent publid need for
the.preservation of.peace, health, safety and property and
the requirement of reading" this ordinance on two separate
days is hereby dispensed with by a vote,of not less than
four -fifths of the. members of. the Commission.
Section 22.` It is requested' that this, proposed
Ordinance Amendment.be submitted in substantially the
following form to the.electors of the City. of Miami:
Shall a limited non-excl.usive',gas franchise.be
granted 'to the City Gas Company; its.successors;
or assign§. in the City of Miami in the area
.:bounded -on the East by:27th Avenue.as the same
is extended North.-and'South to the City limits
and from 27th Avenue West to the -Western bound
'aries of the City of Miami?
Section 23. The Board of County Commissioners of
Metropolitan Dade County is requested, to submit this ,pro-.
posed Ordinance:tmendment to the electors of the City of
Miami at the November,5,.1974, State of Florida and Dade
County General Election.
Section 24. The Supervisor of Elections,. Metro-,
politan Dade County, is requested to provide the assistance
necessary to properly submit this Ordinance Amendment to
the electors of the City of Miami. The registration of
persons qualified to vote for or against this proposed
Ordinance Amendment, the list of polling places in the
applicable precincts, the names of those persons designated
and assigned to serve as clerks of election and as inspectors
of election, and the form of ballot to be used (prepared
mpliande'with all statutory tequireMents relating to
the bee of mechanical voting machines) shall be as contained
the recordof as provlcledb designated, assigned, or'
established by the Supervisor of Elections, Metropolitan
Dade , County.. The City of Miami City Clerk is hereby desig-
nated as the officialrepresentative of the City of Miahu.
city commission in, all transactions with the Supervisor of
Elections, Metropolitan Dade County in relation to matters
pertaining to the use of registration books,
records and
all purposes in connection with said election.
Section 25. The City Clerk is hereby authorized
and directed to give notice of the adoption of this ordinance
and of the provisions thereof by and through the publication
of an appropriate advertisement in two daily newspapers of
general circulation in the City of Miami at least thirty
days before the day said election is to be held.
Section 26. All ordinances, code sections or parts
thereof in conflict herewith, insofar as they are in conflict,
are hereby repealed.
Section 27. 'If anysection, sentence, clause, phrase,
or word of this ordinance is for any reason held or declared
to be unconstitutional, inoperative or void, such holding
or invalidity shall not affect the remaining portions of
this ordinance; and it shall be construed .to have been the
intent of the Commission of the. City of Miami to pass this
ordinance without such unconstitutional, invalid, or in-
operative part therein; and the remainder: of this ordinance;
after the exclusion of such 'part or parts shall be deemed
for
and held to be valid as if sudh parts had hot been ihdluked
therein
PAS5Eb AN AboPfitb $1� 'I'ITi,E OILY. this.? .`2....._...daft
1974,
PREPARED AND APPROVED BY:
Mikele Carter.
Assistant City Attorney
APPROVED AS TO FORM AND : CORRECTNESS:
JOKn S . t.7 oyd
pity Attorney.-
PRANK R: NALL 6.C6, 0P FL0RIbA
Pi'6$ AS 800
Coral tablet) Mofida j1 4
Cl'Y FAS COMPANY OF FLORIbA.
955 F, 25th tt1'eet
Hialeah) Mlofida .. W015
21 CH 13507 E
21 JPRN 13508 E
HaPtfofd heftiest, 6 lfideriiiii:tV C
Associated tietiele t tat like
4/1/80
21 CH 13507 E 4/1/80
Eff 3/1/75
Continuous
LP and Natural Gas Distribution'
City Clerk
City of Miami
3500 Pan American Drive
Miami, Florida 33133
rn
rn
2/13/80
r
G1I� �'4
tALWK ti hAtt, & cd, Or FLORIDA
PIO* Box 343866
cota1 dabiesl Flotlda 33134
CITY GAS coMPANY OF FLORIDA
955 East 25th Stteet
Hialeah, Florida 33013
21 Cli 13504 E
21 JPPJI 13505 E
LP and Natural Gas Distribution
30
City of Miami
- Department of Public Works
3322 Pan American Drive
Miami, Florida 33133
_ t t
100, 100,
100,
100,
100,
March 31, 1978 ph
rzlIker.;0
•. •
,L.o. to r t"l)
1" "Y GAS, OMPANY, OP PLO itpA.
TR t HIALtAH. LciRItiA 33t3i3 / eHtNt, (3c35 egi-B�io I 1 1
�ASi' 25th S /
Cite L1".fi ei
13� 1919 City a t�li�rni �1a:
Noiietnber
Mt. bon Stuart
insurance Manager
Risk Management biVisioti
City of Miami
P. 0. Bolt 330708
Miami, Florida 33133
bear Mr. Stuart:
With reference to our telephone conversation today, we are enclosing
herewith our renewal Supply Contract Bond in the amount of $50,000,
dated November 5 1979) for a period of one year with Hartford Accident
and indemnity Company, as surety. This renewal bond is in compliance,
with the terms of Franchise Ordinance No. 8309 which grants a partial
franchise to City Gas Company of Florida.
If there is anything
know.
Very truly yours,
CIZY GAS COMPANY OF FLORIDA
Ivan E. Ball
Vice President
IEB/hb
Enclosure
An .rtvestOr-awnedpublic util.ty 3upply'nf7 natural ,Ina Ear{7rartr� r.t•.
to 'ca✓er '.QO,000 cut>tamers in Central Eat Ca,i+si anti• South r••t,-r:0•3'
NATURAL GAS • EGQT7{.E_17 GAS • METERED GAS SYSTEMra • GAS APVLit. CE:"s
'""A I. A 171-9,^/ E wewar:w*Irmm�aas .w ++. ,: •
Mr .. dohei tiloyd
City AtLothoy-
IIi Ds Couthern
City Clerk
ctrr OF M'tAmi..FLbrifoR
.MtAtiOAI`IT3% M
L T November 190 .1074
stinilG : Insurance & Bond = City Gas
Company of i'lofida
' n! £fl?:'M' E3:
ENCLOSURt§t Certificate of Insurance
and_Bond_
Transmitted herewith for approval as to forts and legality is Iiartfcrd
Accident and indemnity Company supply contract bond covering City
Gas Company of Florida in the amount of $50,000,00 in connection With
its franchise With the City of Miami, and Certificate of Insurance
evidencing coverage for said organization with Pan American Fire and
Casualty Company.
After approval these instruments should be returned to this office
for permanent filing.
CITY GAS COMPANY CF PL MiICEA
955 sASt 25th STRStT / HIAL€AH, t L0121DA 3C5i / i'Ht J Z3Ci5) 59i-$ 7�C
November 18th, 1974
Mr, 1-1, D. Southern, City Clerk
City of Miami
F. O. 1 ox 708
Miami, Florida 33133
Re: Ordinance No.8309
Dear Mr. Southern:
Regarding the above referenced ordinance No. 8309 which grants
to City. Gas Company of Florida, a limited gas franchise in the
area west of 27th Avenue, City Gas Company of Florida, does
hereby accept said Ordinance No. 8309 and in compliance thereof,
delivers in hand the following documents as called for in said
ordinance.
1-4ANb btLiVEl tb
Insurance Certificate evidencing liability insurance policy
as called for under Section 8 - Indemnification.
Performance Bond in the amount of $50, 000 as called for
under Section 9 - Performance Bond.
City Gas Company of Florida voucher in the amount of
$1, 460.49 which represents retro-active payment of an
additional 3% of the gross revenues from 1/ 1 /74 through
10/31/74 as called for under Section 13 - Franchise Tax.
Copy of City Gas Company of Florida voucher in the amount
of $5, 000 which was deposited with the. Clerk of the City of
Miami, Florida to guarantee payment of the portion of the
election costs as called for under Section 19 - Ordinance
Effective Upon Ratification By Electorate.
Having furnished the aforementioned documents which are
a pre -requisite with acceptance, City Gas Company of Florida
1.tz .r.-wnr•:Y •Pt.t.t••
to �e •: Pt. °i.C.ii'i<'.�,. a°,IF?S•.(•,-p, ;+r IS
NA'1 ORAL GAS • ISO 7 1 L. 1-'(7'GA! •
:.t
t if 14EL) (;A*,i !i Y'.>(Y: hi°i • In A•-• A'.t.,flt+i'1 •'•
Nita 13: Souther
City .Cietk
City of MI6. fill
November 18t1i3 1974
Page Two
further affirms that it will' comply with,alt, of the Sections, rules
and regulations of Ordinance No. 8309 for .as icing as' said Ordi=,
nance No. 8309 shall be in effect.
We wish to thank you for the tany courtesies extended by the
various departments of the City of Miami and we pledge a continu-
ing relationship bet-Ween the City and the Company that will be to
our mutual advantage as well as the residents of the City of Miami.
Very truly yours,
CITY GAS COMP Y OF FLORIDA
I -I. M. Harris
Executive Vice President,,
HMH/ah
I hereby acknowledge receipt of aforementioned documents this
18th day of November, 1974.
CITY OF MIAMI
By:
City Clerk
Tti i; to
V—
Ts1 U I.
ANU
C "i et MU HL 1, t1arida
City tiAll
Wia *L 1 i 1oeida
Attn: City CIttk
r'tty that the !Jilo.•r:"a t
COVERAGE
r•�.+�t'' 't
r•:)r•;x1 N•
t tf •OR,lil:•'_?I 5 CC::pF:15AT!O,•1
.JCR 22690
t RAFic tt1Stit).ANCE COMPANY
Pv,N M4:f'.!CAN OK ': CASUAiTY COMPANY
AMEr.Ic144 iNvsURtANCE COrviPANY
Th:, t .• L.
PUBLIC LlA9fLit?
tllia.IL�t5"'l..l;t::^:tt�•tP� (��, f�t.,2+,'�I �.j
J Cur•;:,eher::;+ve
P,rcA...'•3:.-Co'rpk!er:
0
t.ab:Itty
CGA492394
t1A(ULI:Y
'J:':
CC:•1!'^Fi+E:•ISi': E raE`ItRAL-AUTOM )Bii.1
S;;.GLC:' 1! . T Rt•.'ii.;
0 tr:CLut;,;r:G Prcd':-t, Cr:r:ut.t.t•,a
- s 7t,,, -••t•c,r•• .
ct. :nS
n
is rq.•ss ' I,.i.ab'il itv- LLUYO' St i, JAI,
C(A4923')14'
•
3.013
CJ
r,)%ca
c,r` RE.:. CY- .
c tn. r3AS cium 'tit or I'LORIDt►
955 East 24th Street
Hialeah, . rlorida
Ole ,ve 1 . E tp rttt•e''
1..1-7t 1=1-75 5TA1UrC4Y
,;;+ cti0
=1-1-74•
-1-1-75
1-1-711
SA 011 12/3117:3
1-1-75
12.''31.'71;
, Bont:Y 11`.1t;RY
each
5(1 0.00.00 peisan
j each
4 t 50 .000.00 occurient:e
$_ 57°7,CCC 00 o 0•egute
PROi7F:+1y' DAM4C.E
occh
5 _ SOJ_,000.0C C. currence
SO ...000.00 o.59reaare
i
.! 's t• xirp �r:r-t (`_I,1Y •a U',ve t^C tatad
OF
1IAB!LITY'
t+01)ILY INJURY
vac:
5 .___ 2 ._ 00t0.00 persa^
each
50 000 00 °co..rrerrs
pd.)p Pis DAV AGF
each
BOD.i, Y L':JUF:s' e.
•t'RC), ERtY ()Ati1AOt
(.0 :•,BINE-0
$ __.__:._ _-_ 00300 O-ct.: :d
$1, 000, 000.00
Tl.,s re...f ; ,.r• , rnt a ..� ,� i ' t,.i s ' is •.; •vn.), .c r 1! .:r c rn\� a?+ a rae,• 5y
,,,• Pr', �• ;,!. -9 +.t., r,l .-sv"'.. 4n ::1,t•tiJ-Sp' rnsvi«,•d' G^ .
jti•, Fr)`., . r..3;,•n• tho tl..• tth.: r.rir( it a'a';:SI to:5 Cer!i1,�ote..B'.
i t}t•• •,•t.:a ;e EJ...x r ,.' r. �,ir' o� t'„- .. �._,,•.�. t,.i r•' i? co.t:U, y r f
:'7ri• •1 i' ,,..it r,; :,..'tz•,:tr. r.. , ur;rit:t•a . t..i., ',. . . %i: `1' .
' O t -- ,.1, r i i,as .and Nat:ural.r Gas Distribution
De ;:`.rtptiOr• n. pert: Io, ' - - —.—•-.._.. _ _..m_-,r_.._._-....... _.-_ -•
...?.n_ f.-cancellation,_thirty (30) day..
:.. i Nol wbsr 14
F•
1974 . !'l.laT)i...Beach, Florida Adze 'ca Uoope»' tiitt1r:�y^C' '►Y2.�.
_ r
,•i-'r .•••i •t•
tna i
t'1tf'.t f i�I:lc�tli!'Sll t
.24391
HArknoRD ACCIDENT AND INDEMNITY COMPANY
Ilartforcl, Connecticut -
A Stock Company
SUPPLY C:oNT1tACX 110NI)
KNO\V ALL Ntt' 111' '1'111:SE Pitt:SPATS,
`'lief, CITY As Co iti,ANY CO' FLORIDA) MAAMI, FLORIDA
(hereinafter called the Principal), as Principal, and the 11.1R FORR1):\CCll3E T AND 1\t31:11i\IT1" COMt'AN1',
,
,a corporation organized and existing. fouler the laws of tlic State of Connecticut. with its principal office to the Ctt,' of
ilat•tfurd, Connecticut.(hereinafter called the Surety), as,Surety, are held'ancl ftrtnly_1)OUnd unto
T"dE CITY Or HIk\ II, FLORIDA
(hereinafter called thc.Obligee), in the just and full sum of
FIFTY THOUSAND AND PiO/100 r
(050, 000.00) — Dollars,
to the paytnent of which sum, well -and truly to be made, the said Principal and Surety bind themselves, and their respec-
tive heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents.
whereas, the Prinripal has entered into a certain written contract with the Obligee, dated the
day of.
1:0V1 iBr` .
1974
5th
F1.10VIDE NATURAL GAS SERVICE T3 CITY OF MIA4I RESIDENTS, WEST OF 27ta AVENUE
FOR A PERIOD OF 0:1F, YEAR B DI ir11NG NOVEI'SBE1 5, 1974.
:which contract is hereby referred to and made a part hereof as fully anti to the same extent as if copied at. length herein.
Now, 'Therefore, the condition of. this obligation is such that,. if the Principal shall faithfully perform the contract
if on his part, and -shall fully indemnify and save harmless the Obligee from all cost and damage which the Obligee may..
suffer by reason of failure 8u to do and shall fully reimburse and repay the Obligee all outlay and expense which ,the Obligee
may loaf• in making good any such clefault, then this obligation shall be null and 'void,- otherwise it shall remain in full
force and effe :t,
Provided, Ilowev'er, it shall hi a condition precedent to any right of recovery hereunder that, in the event of any
..default im the part of the Principal, a written statement of the particular facts showing the date and nature of such,defttult
shall he given by the Obligee to the Surety within a reasonable time after such default but in no event' exceeding thirty (30) .
days thereafter, and such statement shall be forwarded by registered mail to the Surety at its !tome Office in the ,City of
I tartfo;•d, Connecticut.
'And Provided hurtlter, that no action, .quit or proceeding, except as hereinafter set forth, shall be had or maintained
against, tin! Surety on, this iitstr•ument :unless the saute be brought or instituted and process £t:ryetl upon the Surety-
within twelve months after completion of the work mentioned in said contract, whether such work be completed by the
Priacip il, Surety or Obligee; but if there is any maintenance or guarantee period provided. in the rgntntia'. roor'•.Fltich
sail `iure•ty is liable, no acti'an, suit or proceeding for mrtiutenance or guarantee shall be brought after sii i�to:iFh; from the
expiration of the maintenance or guarantee pcnoo.
In Witness Whereof, the Said Principal and Surety have si iie1 and sealed this instrument this " 5t;h
d,ty of NOVFABER
t. .7Z), �fF•= >
•ff��
19 74
f 't T Seai
Cj,i'Y OAS t i';,IIV F.
DA ...., (:r
3�•; a-r'+i�'r",x�. ___�yti:41TT,tT eive Visic1i n1 (.deal
II:1lC!-T31:43-ACC11)1r;N'1•' AN.ia INIVAINTT7 ,CC0sft,,.11Y
1 ,f
.... T�E".!t :111
1.444.14,441.
iOt!itR Ne Cl
3j 9
niirr
Or: 1='►aitl
r. A't 'ST" :Tr,: F t fk't Att:Att, rt.t'r'il7A
PAY
Augutt 21, 197 . 00J000J0*
city of # ibmi
r=I ST NATIONAL CITY ESA
309 PARK AVENUE
ttirw YORK. N:Y. .
CITY GAS COMPANY OF RLORtDA
.Nvotct',.
ttEf't'Ry Nrt tor..utT"
W.x
t.
JK
Pa.{:Ass tit°',T Ar.N tit r641. hf PnSirtNr.
tit'? GAS tbMh'ANY bP ELb{2ibA
Cosi of b: int; inctut 4d on 'knot for vote
r eord l n:; it rnuchi wc: in City of Miami to
:,:r'str Iirttural. Gas.
city Coe Coo
Ci* of iMAMI. OLoOtiitifUM 3
I�to-t. MdtIAtu
Mrs. Betty. Harris
Chef Accountant
H. D. Southern
r'�•": City Clerk
NoJeriber 18, 1914
FILa
sv:,t.cr:; City Cas Company . of Vlorici7
Franchise tar;
r=:Paatr4CES:
ttIcLoSt:AEA: Two checks
Transtnittecl herewith are: tt.•to checks from City Cas Company of Florida;
one in the amount of $1,460,49 anc3 one in the amount of $143.78,
representing franchise paymentsto the City of Miami under the provi-
sion of Ordinance No. 8309.
RECtIVED the above described two
checks this l8th' day of November,
1974.
/ L.
(1 t u ,?-l/ I77-
Accourit'ing Division
di' Y O •„ irki+iir tLbeiii5A.
N'ii i2=t 'r IC M t MOO:At'tt Wei
.Mts. 3etty }iarris
Chief AcCOunlant
t:rto :�,
IT. ° D. Southern
City Cietk
DATE: r Lid
MoIembirr 184 1 974
sudiZt:Tt City. Gas Company of Flcirid i
rranchise ta!,
REFC'f�_{iCE9i
E.CLCSU:iES:,,o checks
Transmitted herewith ate two checks from City Gas Company of ?lorida,
one in the amount of $1, 460, 49 and one in the amount of $143. 783,
representing franchisepayments to the City of Miami under the provi-
sion of Ordinance No. 8309.
RECEIVED the above described two.
checks this 18th day of November,
1974.
Accounting Division
*A PIA 0- , it.4
• f 0 ,j t # i
NOve;nber 13, L974
City . of Miami
CityClerk
46 WL rtagter
Miami 3 Pia. 33130
R_iT `: A'CITY =1 NFi
PARK .1V`i41iG
10 2
$143,73**
001000131: 00 0 5 3 7 ut{i
C;ry C•AS 7„::,,a1,00Y 3;2 71.0.4I0A , lyt.F as= o rAr4 4,,,rp? ' i?;a1'.},17,.,r
."':vcv,f CPF.3IT9' - it6C0•,4r1 41
a, = 1
AITE
November 13, 1974
City of Miami
46 West Flagler
Miami, Fla. 33130
143,78
vn ciisR';& 11441?3 ,
C;45 tdtiomNY'Ora FLO416A
Franchise payment for the month of- Oct,
1974
City Gas C
453 _ .17Th 1574 .;T ' LEA
PAY
PAY Tflc SUM OF
$1,460.491 -
_t„G..., ;oral_ C! VY ,9.tvez
:.:3i'.:a1 ..F.;;;;I, 1:0 2 1.0181000BI: 00 LO53? Al{'
:-•,-'1'DP. . ti.v.
i t', C 4: C'4'AriY Or FLORIDA *'1-EAS='.)h!TACF, iit3 Arts t)EPOS1TIty0
P; Fd4(:4Ce 1'+i ci'ES p19COUNTS h5T Lt5=,+IPT10M
CR_31'es .
• h
VOUCH2R ^ �, 114-222.
25579
:339
CITY oAS CO: PANY OF FLORIDA
20
Additional Franchise ta,; for period
Jnn„ 1974 through Oct, 1974, based on
67 of gas revenue ?,920,9$
Less previous payments
based ,Qn 3% of gas_.revenues 1,460.49
$1, '6 9
HARTFORT ACCIDENT AND INDEMNITY COMPANY
itartrntt3, totiticcticut
:A Stock Company
SI.. P1;L1` CO\11tAC`1' 130\1)
KNOW ALL ;11K\ 131` `1'11LS1; liitl.SL\`1'S,
That,
CITY OAS COMPANY OF FLORIDA) MIAMI, FLORIDA
(hereinafter railed the.Principal); as Pritteip:►1, and the I1.11R'1'I:OIk1 ACC11).P.NT AND 1\DP,NINI 1'1' COMPANY,
J.
a corporation t:tt•gcutized and existing under the l:ttt•g of the State of (,onnecticut with its principal (Aliceitt the City of ,.
1lartfortl, Connecticut called the,Sut•ett ), as Surety, are held and tirml}• bound unto ..
THE CITY ,OF MIAI•II, FWRIDA
(hereinafter called the Obligee), in the just and full sum of
FIFTY THOUSAND, AND NO/100
alb
($50) 000.00) Dollars,
to the payment of which sum, %yell and truly to be made. the said Principal and Surety bind themselves, and their respec-
tive heirs, :tdttlirtistraturs, extcUtor•t, surcessOrs and assigns, jointly,anti severally, firmly by these presents.
5th
Whereas, t1it Principal h:ts entered into a Certain written contract with the Obligee, dated the
day of
NOV IIIBER
19 74
PROVIDE NATURAL GAS ,SERVICE PJ CITY OF MIAMI RESIDENTS, WEST OF. 27th AVENUE
. FOR A PERIOD OF ONE YEAR HEJIUNING NOVII'IBE. 5, 1974.
which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein.
Now, 'Therefore, the c•onditiot, of this obligation is such that, if the Principal shall faithfully perform the' Contract ,
on' his Mart, and shall fully, indemnify and save harmless the'Ohligee. from all Bost and damage:which the Obligee ma)
'suffer by reason of failure so to t10 anti shall full• reimburse and repay the Obligee all outlay and expense tt•hich the Obligee
may incur in making good :uty sorb default, then this obligation 'shall be null and void, otherWisc it shall remain 'in full
force and effect.
Provided, However, it shall be a condition precedent to any right of recovery hereunder that, in the event of any'
default on the part of the Principal, a written statement of the particular facts showing the date and nature'of such default,
shall he given by the Obligee to the Surety within t reasonable time after such default but in no event exceeding thirty (30)"
days thereafter, and such statement shall be forwarded by registered mail to the Surety at its I lonte Office in the Citvof
11ar•tfurd,' Connect irut. .
And Provided Further, that no at•tit,n, suit ()tin oceeding,except as hereinafter set forth, shall he had or maintained .
against _the Surety on this instrument unless the same he brtnight or institutt'd'and: process served upon the. Surety .
within twelve months after completion of the work mentioned in said contract, whether such work be completed by the
Principal, Surety or Obligee; but if there is any nlrtintenanre or guarantee, period provided in the contract for which. -
said Surety is liable, no action, Suit or proceeding for maintenance or guarantee shall bt brought after six months from the
'expiration of the maintenance or guarantee period.
1 n Witness Whereof, the said Principal and Surety have signed and sealed this instrument this . Sit
day of
to st;
NOV5IBFR
19h
CITY GAS C W FLORIDA (Seal)
13T; ff.. Tn .} (Seal)
(Seal)
1 . n , Ilari'is
Fxecutive Vice President
1it�ItlJ l� CCJP Iv'1' ,apt 1NDFNINI"1:Y COMPANV
-At orI'sp fin= 'avert, i i?e ` 1. 1 1114B)
t nrtford Acddth tft 'and Ind mnity Comp my
ttctt•'rtoitit, t:r)�xkt:ttt:t r
POWt t ( ' Al'1'OtINP\'
irtio t~v by these I;tesetitSy'l'hat the!i:\lt'1'l't)l�l :�Cr. ttir `i' :ANIi INt)I M; lt\a
CO\ll'AN\', a corporation duiv.'nrs;artized.untlrr the laws of the State of Connecticut, and hating its jtritirijtill office
in the ('itr of I I:04forrl, County of.1lalrtlnrd, State of Connecticut. does hereby make, Constitute and ahpoiht
ROB P P:• LLOYD , •:t r .. DEHI.,t, t RICHARD BYERS tt,1 iY MILLER
aria SI C► Ai :i'i1Y2S, riff t o QM-Al3t0, rLO: .DA,•
• its true and lawful Attot•itey(s►-in-fart, With full itower and authority to each of said Attoruey(s)-in-fact, itt their separate
capacity if more than one is nained above, to sign. execute and acknowledge calf- and all. bonds and undertakings and
other writings obligatory itt the nature thereof On behalf of the company in its business of guaranteeing the fidelity of
dt rcvms holdi)tt pl:u•es of .pilhli►• or private trust ; guaranteeing nteeing the performance of contracts other than insurance policies:
guarautteeing, thiperformance of insurance contracts where surd. bonds are accepted by states and municipalities, and
executing or guarantee:itig hands and undertakings required or permitted in all actions or proceedings or by law allowed.
and to hind the 11AI:'1'I'Ol(f) ACCIi)E\'I' A\i) IXDFNINiTY COMPANY thereby as. fully and to the same extent
as if such bonds and undertakings and other writings Obligatory in the nature thereof were signed by an Executive' ,OPicer
of the I I:\R'1'1'ORl) ACC! DENT :\\1) 1 \1)1:\1 \ I'1'1' CO\11':\\1' any) sealed and attested by one other of such offtecrs,
and hereby ratifies and confirms all that its said :\ttorney(s)-in-fact may do in luitsuance hereof. • .
"Phis' power of attorney a is granted under and by authority of the following 13y-Law adopted by the Stockholders
of the 1IAR'1'1'ORI) ACCIDENT AND I\1)E\i\ITV (.'O\ll'A\Y at it meeting duly called and held on the loth day
of February. 1943.
:\R'l'ICLI; I\' .
SFt'1-It)' S ' The President or any Vice -President, acting with any Secretary or Assistant Secretary, shall have power and authority to
appoint• for purp.,-es nil of racctiting'and attesting hinds and undertakings and other writings obligatory in the nature thereof, one or more
Ke-mint \•ice•1'resi lents, , Resident-As-istant Secretaries and \ttorneys•in-fact and at any time to remove any Such Resident Vicesl'resident,
Resident Assistant Secretary, or Attorney-in-f.a•t, and revoke the power and authority given to him.
SECTION, 11. 'Attorney —in -fact shall have lancer and authority,. subject to the terms and limitations of the potter of attorney issued to..
therm,. toexecute ant deli'tr on behalf Of the ('omp.tny, and to attach the seat of the Company rthereto any and all bonds and undertakings,
'and other writing-obligat ore in the nature thereof, and any such instrument extctito1 by any such Attorney -in -fact shall be as binding upon the
Company as.if signed,by an'Executive Officer, and waled and attested by one other of such Officers.
' This power of attorney is signed and :scaled by facsimile 'under anti by the authority of the following Resolution
adopted by the 1)irecturs•ol.the IIAI(1'F(.)Ri) ACCIDENT AND I\DI:J1\ITV COMPANY ait a meeting duly called
•
' and held on the 1 ith flay of \larc•h, 1956.
RCSOLVI.1), that, whereas the President or auty Vice -President, acting with any Secretary or Assistant Secretary, has the power and authority:
to appoint by a potter of attorney, fur purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature-.
thereof, one or more ResidentVice-Presidents, Assistant Secretaries and Attorneys -in -fart:
Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney nr to any. certificate
relating thereto by facsimile, and any such. putter of attorney or certificate bearing such facsimile signatures or facsimile seal, shall be' valid and `
binding upon the Company and any such power so executed and certified be' facsimile signatures and facsimile seal shall be valid and binding upon
OH' C,ae!1i;tnv itt. the.fntnre %kith re -pert to anv !wild Or mulertakinc to which it i- attached,
In Witness' Whereof, the iIAR'I'F(.)R1) ACC 11)E\'I'-:\N1) i\I)I?\I\1'I'V CO\1l'A\\' has caused these presents
to be signed by its \'ice -President, and its corporate seal to be hereto attixed, duly attested by its Secretary, this 17th day
of January, 196S. . '
Attest : IIAR'I'FORI)':\CCII)E\'I' AND .lN1)I:\1NI'I'Y' Cf)\II'ANY
S'1';\'i'E DI. CONNEC-t.ICt.,1,,
('OI \'I'' (11' IIAl I•OR1),
• On this 17th day of January, A.
Inc duly sworn, did depose 'and say:
f'resideut of the lI:\R'I'FOR 1) ACC
executed the above instrument; that
is such corporate seal; that it was so
name thereto by like order.
STATE 1 iF ('( )NNErr IC.V'l,,
I. sa. .\'.!lady Public
COUNTY oh' I is\ 1C11' (tR 1), . ('WA.1'I I' 1C. T E , . .t/y eon/mission expire.March 31, 1977
I, the nnder;igi;ol, 'Assistant ,'secretary of 1lie' ll.\RAT( lit I) •\(.'('II►1';N'i' A\1) IN1)17,\1\ITV ('(\l1'\\Y, a
:\"1'•1'( )R N I 'V rciwtins
Connecticut Corporation,' l )O 111:1*l;B\'.(..110.1:1'1' that the foregoing :tntl.attau-herl 1'O\\'I;.R 1)1''
•
in full force and has not been revoked; and furthermore,' that Article I\', Sections S and 11, of the By -haws of the Co,n-
'' palsy, ati►t1 the Resolution of the Board of 1 )iret•tnrs, set forth itt the 1'ower of Attorney, is flow in force. .
.' Signed and acatlt•ti :tt the City of i l.trtford. - 1)atted the ' 5til day of . t V94,93ER 197
•
rice President
Serrctary
5S. •
I ). 196S, before me personally came John F. Beardsley, to nie known, who being' by
that he resides in the County of liar; ford; State of Connecticut; that he is the \'ice
11)ENT AN!) I\I)li\iNITV COMl'ANN', the corporation described in and which' .
he knows the'tea11 of the said corporation; that the seal affixed to the said instrutnent_:;
atitixed by order of the Board of Directors of said corporation and that he signed, his '
1'or 14s S .t117•7 t'l))t l to d'. '. t. i •;:'.
•
.Assistant ,Secretary
.- RANGER
a INSU E
p 0 8-t 28v7 P01:77: fer , /1f.^' A t 1::
Certifica
NAME- Ar1C ADCREti'.. ('!
'CERTIFICATE N9tDER
CI1'1t OP MIAMI, Florida
City NA/1
Miami, Florida
Attn: city Clerk
RANGER INSURANCECOMPANY
PAN AMERKAN FIRE 8 CASUALLY COMPANY
DP.4 N AMERICAN INSURANCE COMPANY •
ofInsuraflce
NAt,ty Ar.it? A{1DRE'LrS OE INSURED
CITY GAS CoMi'ANY of MoR1UA
955 East 24th street
it i ai eah, Florida
t .a .n-1 ...Y above .rd-
ed
Th:.. ,: .. :l i tr ,r' Tn. 7 i.' Y":Q L,._
COVERAGE'
. , ,:•
!•,,,,!,,,,
t . , ;,.,,,,;
trAslttyi
WORKMEN $ C4WE'E+:SAflr)N .. hack 22691)
Tr, t ,!,-y t'...'r' :!! ,. .,. r. ,...
1 1-1-74
• _ • ..f.
1i1_-75
'era.
STATUTORY
tt0
:'l , -
PUBLIC tIABUJ ur .
XXCor p+ehens:se C error-ri- -INC: s''ri,„,. t ,
-Corrple'ed
Br)t:+I r IN1URY
50 ea4h
000.00 person
Prrrdu:tsI?pero`,or,,
teF.ensye ,Ge•,;erv' EXC.UDiNG CGA492394.•
❑ f c;^,: -
�.: vFci• :�n, �
Prr,d,tts-torr-p:etes
-1.1-7t4
-1-1-75 each
50
5 _, 000.00 occurrence
❑ p.pr.. c. , T+r Qr Jt1 n
CC.,. o;tuot t+abrtity
!l s.
Ems__ . 50 ..._. 00C 00 adg•e4te
PROPERTY DAMAGE
each
c '' 000,0C cccutrence
❑
_50
c___._.5:.._... 000 00 oggreoare
AU'. ;':'.bBIEE IrABi;ITY
B;.,r.....�,t;,,r.• A
CGA49230I4
-1-7t1 ' 1-1-75
BOOR Y iNIUkY '
sort,
t 50_ 000 00 person
50 each
: 000,00ocrartence
❑ ;;per• •_I,a Aurar.: r:'Y
aiz.Si'I pT4' DAMAO,'
each
50 - J00 00 tX4 t fenct.-
COMPREHENSIV c ENERAI: ALTC);':,t?i'1itt:
7 COMETINED SiNGI E't $M1T BA''.:21
❑ INCLUDING, Prod, .cr•.'r,..rro . o!t
Orerat.nrc
0EX,"i.1C;!?it, Pt+_rt,; • ':.'e
C'trrr ,r...„:
❑ I+' ..ra n-. ;:'.. •
1
I
Eit)t''''' IN.Itlkv E.
ow 1I'1 ktY DAMAGE
O R NE.0
orr.:t. .
c _.._..__-___.... 00000 octt,rrei,e
! t .........._. ?rr' '1t, vlygregarN
I
Excess Liabil.i tv- -l11OYD' i.IAL. 101.3 t 101.14 1.2:31 i'`73-- 12'31.'74 { $1,000;000.00 ..
This Ct'r• i::rt.!, ,•.
the p' ',
•
Description. of Oper;altdris - L.1' -Gas and. Natural Gas Distribution
will be a
,+1ci,Ieo»cal insured on,
t;'••,h rr'.r. cove. ro9e.' (Of trued by
I.,y v.hctn t615:Cer?1E,cote t5-,
Ip._ the_ event_ of . cancella Lion, _ thirty.. (30) . day written not.
• At M• a„1 S. :,--e.,.:t ya ,t: ,.,.'14.
o„,ted November 14, .1974p . Mlam
Reach. Florida Adae &• Hooper Insur
A .'
,�.yy .. .. �.: .�,...N ......r �... .4.�.. a _......, w.�.. ..�. 0 _ 48,0t-idtz.*:
.,. 7.
t s0714-1
_..
,7.� II 1� 3 �i0;1I1 riyd Mat
City ttotriey
Hr D: SOt -1ert1
City Clerk
?,,It;:10,A tot M
irtt.t t
svrtl. ctt Irisurarice €f 1 and City .Gas
Company of Filbrida
ENV-'33t1n7.8i
idate of Ihsutande
Transmitted herewith for approval as to, form and legality is Hartford
Accident and Indemnity Company supply contract bond Covering City
Gas Company of Florida in the amount of $50,000►00 in connection with
its franchise with the City of Miami, and Certificate of Insurance
evidencing coverage for said organization with Pan American Fire and
Casualty Company.
After approval these instruments should be returned to this office
for permanent filing.
. ' ,. A
F. 40* K
sr, ,���'ER
0 Bey 2907. ft:ustc*, Tri3i /7001, 4 71? 62?:b uC
Certific.ate
NAME ANTS ADDRESS OF
CERTIFICATE' NOI DER
CITY OE` MIAMI , Florida
City Sall.
Miatni f I~ lorida
Attu: . City Clerk
RANGER i URANCE CbMPANY
PAN 'AMERiCAN FIRE $ CASUALtii COMf'AN%'
DOAN AMERKAN INSURANCE cOMpANY
0
of Insurance
NAME ANL: hDbRE55 OF INSURED
CITY GAS, COMPANY U rLOktDA
955 East 24th Street
Tlialeah4 riorida
nnCnmmitiy above
This 'to a thn trot•:.•: i,,; r,..::c r•• Srrnet. '
• COVERAGE '
n`•.; `
NUMBER'
r
____.._.. _ _ ___ _..:_._._.__..___..
Ft..•,O,.
4Tt '
_ .___
y_
Ecrrrraf,cr,
IIMas OF
LIABILITY'
WORKMEN S COMPENSATION
WCR 22690
1_1 -7L4
1-1-75 .
STATUTORY
Th.s r:olrcv r:^,tiv,des Coverage
+t;ty ,;r., ei,u.. cICO00000-_.
B E•..r,,,.,,,e, . t a .•, ' .. •., Irv; . ,t • :ir.,_
PUBLIC LIABIUIY •
)(Comprehensive General...INCLUDING
BODk;.Y- INJURY
each
S 50 00000 person
Products Carr,p;e ei Cipera'rc:n;,
QCamprehens•veGeneral-EXC1UD'NG
' Prndurts-Comp.ieted Operot,ons '
CGA4923914
-1-1-74'
-1-1-75
each
50 000 00 occurrence
t' 50 000 00 oggtegote
[] Prer^•ses-• Operut:cr.s
rontroclual uab:4ty
' PROPERTY DAMAGE
each
50 000 00 oteuftence
s_ 50 Oro 00 aggregate
AUTOMOBILE LIABILITY
CGA4923911
1-1-714.
.1-1-75
BODILY" INJURY
ea. F,
i 5n o000o pr+•StJ::
CX: ;•--r•ehrns.re A.;to'
50 each
t .000 00 otcurreere
r+c,fied Aitt.ri ONLY'
0
PROPTRIY DAMAGE '
50 000 00 eoch
i OcCtt,renre
COMPREHENSIVE C,ENERAt •AU:OMOBITE
'-Lc..7t,BINEDSINGE r t'Mi; BAST':.
o INCtur.ING Prorit:r+:e,r•r.ire•,•.+
' rperat,sna
BrlDIL Y INJURY 8
PROPERTY jAMAGL
C OMBINED
Frock,
5 000 00 accur'rknce
❑ EXCLUDING Prod,¢<, {,r:;• r••�,;i
S 00000 aggregate
0 li,,iuding .'. ,ntiir, „s i, .it:: i ty
_
Liability- T,LOYI)'S LIAI, 1013 rt1014
12/31/73! 12/31/i . -
$1,000,000.00
Excess
This' (er+,fa.o'' rs ^h1t '3 r;Ct.:y ,_:4 .F.`-
the pct,cy or r ".:,;.ri. r'VO4tivri t .' : such poi, , or Lp._;i,r f+< -t..k. ,,, ., .
nddrey,ed of si.;a curxe'- .a ,.•, a ,1
Description of Operations._.._.':,... .P. 'Gas_and Natural Gas Distribution
'In .the_event of.•calael.laxian, th rtyj30)._.d y.Lwiritten._t1s?t..ise vi 1�
Dated November 14
I ,^ + ,r,5e eq art R ts'.G.•>a +)n additional insured on
<-•ti ,.::!s e::•+. • c+> r:a; 7itctr5 .'•r< coverage afforded by
< . c•., ,: t..< .; ,� +r,•end to not,fv the pn•ty to wh:.-n this Certificate is
t ,. 1 , , .t q.^ f 3t;., it, ,r
registered trail.
Miami. Beach, Florida[, Adae & Hoop r Insur
.....,... _.._.-...._.. ......_.... ri - .a ,r_+• A
.•. r. F{'1 r%,a F,r•-.4rr+f Qt,Yr!
,PatViiC.441a`rWLc'il
' HARTFO►R ► ACCIDENT AND INDEMNITY COMPANY
linrtto'rd liktd
iinttrorti, t;ottittet)rtit 06 R
\ Stock, cotttpat►y
SUPPLY., CON't Ac, i` 1 )NOO. o
iw 3 H
:KNOW' ALL MPa\' BY 'f`ifit:5fi; inti:S1.4,tiT, `c 6 r' `-' a)
. That, CITY .GAS,; COMPANY OF FLORIDA, MAMA — FLORIDA no r.y •- ill .
c.•° . <
4a rn
(hereinafter railed the Principal as Principal, and t he II:\l('FI:t)I(l) ACC II)ENT :\Nt.p31NL P:MNITN' CO\ !A %V,
a corporation organized and existing under the laws of the State of ('rnttecticttt .With its executive Ofli,itt the City of
rr�
I lartford; Cotitiecticut' (hereinafter called the Sure,ty),' as Surety, :ire held and tinily hound unto
THE CITY OF MIAMI, 'FLORIDA
(hereinafter called the Obligee), in the just and full sunt,(if,
FIFTY THOUSAND Ate) NO/100.
($50,000.00) r
to the payment of wt•hich sum, well at►d truly to be made, the srtid Principal and Surctj• bind themselves, and their respec-
tive heirs, administrators, executors, successors and assigns, jointly and severally, firmly by, these presents.
Whereas, the Principal has entere(i Into a certain written contract with the Obligee, dated the 5th
day of NOVEMBER
l9 79
PROVIDE NATURAL GAS SERVICE TO CITY. OF MIAMI RESIDENTS, WEST OF 27TH AVENUE
FOR A PERIOD OF ONE YEAR BEGINNING NOVEMBER 5, , 1979.
' which contract is hereby referred to and made a part hereof as full• and to the same extent as if copied at length herein.
s
Now, 'Therefore, the condition of this obligation is such that, if the Principal shall faithfully Perform the contract
on his piirt, and shall fully indt.nuuIy and save harmless the Obligee from atll cost and damage which this Obligee may
suffer by reason of failure so to dot and shall fully reimburse and repay the ( )bligee all outlay and expense which the Obligee
tray ineitr itt nutking good any such default, then this oI;Iaation shall be null and void, otherwise it' shall remain in ,full
force anci effect. i
ProvJded, lloWever, it shall lie a condition precedent to any right of.rcrovery hereunder that,, in the event. Of :uty
default on the part of the Principal, a written statement of the particular facts showing the date and nature of such default
shall be gigen by the, Obligee to the Surety within at reasonable time after such defatult but in no.event,exceeding ,thirt>a (3O)
days -thereafter, and such statement shall be forwarded by registered mail to the Surety at its Executive Otiice in the City of
I lairtford, Connecticut.
And Provided Further, that no action,' suit or proceeding, except as hereinafter set forth, shall be had or maintained .
against- the Surety on this instrument unless the_samebe brciught or instituted and process 'served upon ,the Surety
"ithill t\give months after ccttni,letion of the Work mentioned in said contract, Whether such work be completed by the
Principal, Surety or Obligee; but if there -is any maintenance or guarantee, peririd provided in the.contract for. which
said Surety is liable, no action, suit or proceeding for tnuintenance oir guarantee shall be brought 'after six months from the,
expiration of the maintenance or guarantee period.
In \fitness Whereof, the said Principal and Surety have signed and sealed this instrument this
clay of OCTOBER
COUNTERSIGNED
Attest,
a fs
i' 79
30 th
CITY COMPANY OF FLORWP
(Seal)
(Seal)
li:\it'I'n)Kl) Ayc'1i)1 N'1' AND 1NJ)1:!1NITY COMPANY
p>..._
Atito>rnoy }n fact:`•.LogeTY mILLFit)
form $-3b5b•1 ,i.u;.'1.iu I. 4. 4. 10!16
19 79
HARTPBRD A-C1daNT AND 1NDEMNIT COMPANY
HlrTrdf3. 'cdRl1lElydut
O'awtf oft AtfifN€it
Kfi6W all Men by oleic 'Pre§ent3. That the HARTFORD ACCIf3SNT 046 INDEMMt1ft f CONE-
PAt'IY, a terooratioii duly organrted under the saws at the Stale of Connecticut. acid having, its principal ottice in the City
of Hanford. Courtly of Harilord. State of Conirecticut.'does hereby make. 'constitute and aopomt
'iROBERt Er LLOYD# RI AI bEEit.tr 31;t t MtLtERs and PPESTOts EI Eb4Aiths; '
of ORLA.bO1 Ft,ORtDA
•
its true and lawful Attorneytsi•in•Fact, with full power and authonty to each of said Atterneylst•in•Fact. in their separate
'Capacity If more than one -I's named above• Id sign, evecute and acknowledge any and all bonds and undertakings and
other Whiffles obligatory in the nature thereof on behalf of the company in its business of guaranteeing the fidelity of
persons hoiding'places of public or private trust: guaranteeing the perforrhance of contracts other than insurance ooti•
dies: guaranteeing the pertorrhance of insurance contracts where, surety bonds are accepted by states and liiunicipal�
dies. and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by
saw allowed.
•
and to bind the HARTFORD ACCIDENT AND INDEMNITY COMPANY thereby as fully and to the same 'extent as it
• such bonds and undertakings and other wrttnos obligatory in the nature thereot were signed by an Executive Officer of
the HARTFORD ACCIDENT AND INDEMNITY COMPANY and seated and attested by one other, of such Officers, and
hereby ratifies and confirms all that its said Attorheylskn•Fact may do in pursuance hereof,
- This power of attorney is granted by and under Authority of the following provisions: .
4.11 By -Laws adopted by the Stockhotders of the HARTFORD ACCIDENT AND INDEMNITY COMPANY at a meet
thg duly called and held on the 10th day of February, 1943� '
ARTICLE IV
SECTION 8. The president or any vice -President, act.ng with any Secretary or Assistant Secretary. shall have power and authonty to a000int.
• for purposes ohry at e.ecut'ng and'attesbnq bonds and unaertahhgs and other writings obligatory in the nature thereof. one or more Resident
Vte•P•esiaents glytsoent Assistant Secretaries and Attorneys+n•Fact and at any lime to remove any such Resident Vice -President Resident Assis-
tant Secretary'or Attornev'n•F3ct and revoke the tower Ind authority given to him.
SECTION • 1 ' Attomeys'n•Fact shad have power and authonty, subsea to the terms and hmdabons of the power of attorney issued to them. to
erect.te ana devver on penal, of the Company and to attach the seal of the Company thereto any and all bonds and undertakings. and other writings
Cbvgatory 'n'the nature thereof and any such nstrument evecuted by any such Attorney'h•FaCt shall be as binding upon the. Company as if signed
-, c} an Erecubve 04.cer and sealed and attested ov one other of such Officers. '
42) Excerpt trom the Minutes of a meeting of the Board of Directors of the HARTFORD ACCIDENT AND INDEM-
NITY COMPANY duly called and held on the 11th day of June. 1976
RESCLVED sober N H Sener, Assistant V ce•p•esrdent and Thomas F. Delaney, Assistant Vice•President. shalt each have as long as he
ho+as such ante the same power as any V'ce•P'esident under Sections 6.. and 8 of Amc'e IV of the 8yLaWs of the Company
This power of attorney is signed and sealed by facsimile under and by the authonty of the following Resolution
' _ aaopted by the Directors of the HARTFORD ACCIDENT AND INDEMNITY COMPANY at a meeting duly called and
held on the 6th day of August. 1976.
RESOLVED. That. whereas Rocert N. II Sener., ossstant vice•Presraent and Thomas F Delaney. Assistant Vrce•Presiaent. acting with any
Secretary or Assistant Secretary. each have the power Ind authority. as iong as he hoods such office. to appoint by a power of attorney. for purposes
only of e.ecubnq and attestRw bonus aria undenavrngs ana other writings obligatory in the nature thereof. one or more Resident Vice.Presr•
Gents. Assistant Secretanes and Attcrneyssn•Faa: ,
Now therefore. the signatures of Such Carters and the seat of the Company may be affr/ea to, any such power of attomey or to any certificate
reiatinq thereto by femme. and any suet power of attorney or certificate teanng such facsimile signatures or facsimile seal Shan be valid and
' bind"; uoon the Cornoany and any such newer so elecuted and cert'F•nd by 'ac0'mve signatu'es and facemae Rear Shan! be v5ua and binding upon
the Company .n the 'uture 3An •ewe:3 tit 3ny tend or un0Prtiil.nq Io Atha) d •e attached
In Witness Whereof, the HARTFORD ACCIDENT AND INDEMNITY COMPANY has caused these presents to be
signed by its Assistant Vice -President, and its corporate seal to be hereto affixed. duly attested by its Secretary. this 9th
day of August. 1976. 'HARTFORD ACCIDENT AND INDEMNITY COMPANY,
Attest: �� ,/.
-J.t� _ <0
Douglas M Geer Secetary
STATE OF CONNECTICUT.
ss
COUNTY OF HARTFORD, '
On thIS 9th day of August. A.D. 1976, before me personally came Thomas F. Delaney. to me known. who being by
t he is the
Assistantme Vrce Pres dents osworn. cid f the e nHARTFORD . that he
AND resides in the NDEMNITY COMPof ANY, hee fcorporat on described in and
whicn'executed the above instrument: that he knows the seal of the said corporation: that the seal affixed to the said
instrument is such corporate seal: that it was so affixed by order of the Board of Directors of said corporation and that
ne signed his name thereto by like order. ice. 1
dd
STATE OF CONNECTICUT. j Gloria mantas. Notary PubtrC
My Commission Expires March 31. 1978
COUNTY OF HARTFORD. M CERTIFICATE
me undersigned. Assistant Secretary of the HARTFORD ACCIDENT AND INDEMNITY COMPANY. a Connecti-
cut Corporation. DO HEREBY CERTIFY tnat the foregoing and attacned POWER OF ATTORNEY remains in full force
and nas not Deen revoked: and furthermore. that Article IV, Sections 8 and it, of the By -Laws of the Company. and the
Resolutions of the Board of Directors. set fond, in the Power of Attorney. are now in force.
Signed ano sealed at the City et Hartford. Dated the 30 th day of OCTOBER
Thomas F Delaney
Assistant Vice•Presraent
Form S 3507•e ,4•'nra n u 11 A
tij