Res. No. 073-03-11622RESOLUTION NO.73-03-11622
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA,RELATING TO A SHORT TERM EXTENSION
UNTIL JUNE 2003,OF THE CITY OF SOUTH MIAMI AND
NUI UTILITIES,INC.'S FRANCHISE AGREEMENT,AT 7 lA
PERCENT,AMENDING RESOLUTION NO.65-03-11614 TO
EXTEND THE SHORT TERM LEASE UNTIL JUNE 30,2003
OR UNTIL A NEW LONG TERM AGREEMENT IS
NEGOTIATED AND EXECUTED IN JUNE,2003;
PROVIDING AN EFFECTIVE DATE.
WHEREAS,the Mayor andCity Commission of the City of South Miami
atitsApril22,2003City Commission meetingadopted Resolution No.65-03-
11614,which provided forashortterm extension of the NUI Utilities Franchise
Agreement until June 2003;and
WHEREAS,the Mayor andCity Commission desire to amend Resolution
No.65-03-11614 and extension until June 30,2003.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA;
Section 1.ResolutionNo.55-03-11614 is hereby amended to extend the
date of June 2003 to June 30,2003.
Section 2.This resolution shalltakeeffect immediately upon approval.
PASSED AND ADOPTED this 2Qthday of MaY ,2003.
ATTEST:APPROVED:
CITY CLERK //MAYOR /\
Commission Vote:5-0
READAND APPROVED ASTOFORM:Mayor Feliu:Yea
Vice Mayor Russell:Yea
/tS.^zzJ/^S1-Commissioner Wiscombe:Yea
CITY ATTORNEY Commissioner Bethel:Yea
Commissioner McCrea:Yea
Additionsshownbyunderlininganddeletionsshownby overstriking.
:!-:v,;j?-!:.;v>ri :.'•:)•'i.:/
I PFgni TTTTONT NO.65-03-11614
2
4A RESOLUTION OF THE MAYOR AND CITY COMMISSION
5 OF THE CITY OF SOUTH MIAMI,FLORIDA,RELATING TO A
6 SHORT TERM EXTENSION UNTIL JUNE 2003,OF THE CITY
7 OF SOUTH MIAMI AND NUI UTILITIES,INC.'S FRANCHISE
8 AGREEMENT,AT 7 V2 PERCENT UNTIL A NEW LONG TERM
9 AGREEMENT IS NEGOTIATED AND EXECUTED IN JUNE,
10 2003;PROVIDING AN EFFECTIVE DATE.
11
1213 WHEREAS,the Mayor and City Commission of the City of South Miami
14 pursuant to Ordinance 468,the City granted in 1962 to Florida Gas Utilities
15 Company,and its successors and assigns,a non-exclusive franchise (the
16 "Franchise")to construct,maintain and operate its gas system facilities within the
17 City's municipal boundaries;and,
1819 WHEREAS pursuant to Ordinance 478,the City corrected an inadvertent
20 error by changing the franchisee to Florida Gas Company,d/b/a Florida Gas
21Utilities Company;and,
2223 WHEREAS,pursuant to Ordinance 526,the City approved the assignment
24 and assumption of the Franchise by Franchisee's predecessor-in-interest,Florida
25 Gas Company,to Franchisee's predecessor-in-interest,City Gas Company;and
26 .,27 WHEREAS,pursuant to Ordinance 526-A,the City approved an
28 amendment to the Franchise changing the franchisee from Franchisee's
29 predecessor-in-interest,City Gas Company,to Franchisee (which was then known
30 as NUI Corporation);and
32 WHEREAS,pursuant to Ordinance 526-B,the City approved an
33 amendment to the Franchise changing the franchisee from Franchisee to
34 Franchisee's wholly-owned subsidiary,Elizabethtown Gas Co.,which has smce
35 been merged into Franchisee;and
3637 WHEREAS,the term of the Franchise has expired and the City and
38 Franchisee desire to enter into a new franchise agreement,but have not yet
39 concluded negotiations on the acceptable terms of such agreement;and
4041 WHEREAS,the Mayor and City Commission desire to allow the City and
42 Franchisee time to enter into a new franchise agreement on terms and conditions
Additions shown by underlining and deletions shown by ovorstriking.
Res.No.65-03-11614
1 mutually agreeable to the parties,the city and franchisee have agreed to extend the
2 term of the Franchise through June,2003 at 7 Yt%,as set forth in attachment one.
3
4NOW THEREFORE BEIT RESOLVED BY THE MAYOR ANDCITY
5 COMMISSION OFTHE CITY OFSOUTHMIAMI,FLORIDA;
6
7 Section 1.That the City of South Miami enter into a utility franchise
8 extension agreement with NUI Utilities,Inc.as provided for in attachment one
9 until June 2003,when the parties will have completed negotiations onanew
10 mutually acceptable long term utility franchise agreement.
11
12 Section 2.This resolution shall take effect immediately upon approval.
13
14PASSED AND ADOPTED this22nd day of April ,20^.
15
16 ATTEST:APPROVED:
17
18
19 CITY CLERK
20
21
22 COMMISSION VOTE:5-0
23 READ AND APPROVED AS TOFORM:Mayor Feliu:Yea
24 <-p^>Vice Mayor Russell:Yea
25 ~2SS=^./^.<S?V/«/^Commissioner Wiscombe:Yea
26 CITY ATTORNEY Commissioner Bethel:Yea
27 Commissioner McCrea:Yea
28
Pocra O ftf)
2-4zv-~.lt>
FRANCHISE EXTENSION AGREEMENT
THIS FRANCHISE EXTENSION AGREEMENT (this "Agreement")is made and
entered into by and between the CITY OF SOUTH MIAMI,FLORIDA,a Florida municipal
corporation (the "City"),and NUI UTILITIES,INC.,a New Jersey corporation,d/b/a NUI City
Gas Company of Florida ("Franchisee"),authorized to conduct business and conducting business
in the State of Florida (jointly,the "Parties").
WITNESSETH:
WHEREAS,pursuant to Ordinance 468,the City granted in 1962 to Florida Gas Utilities
Company,and its successors and assigns,a non-exclusive franchise (the "Franchise")to
construct,maintain and operate its gas system facilities within the City's municipal boundaries-
and '
WHEREAS,pursuant to Ordinance 478,the City corrected an inadvertent error by
changing the franchisee to Florida Gas Company,d/b/a Florida Gas Utilities Company;and
WHEREAS,pursuant to Ordinance 526,the City approved the assignment and
assumption of the Franchise by Franchisee's predecessor-in-interest,Florida Gas Company,to
Franchisee's predecessor-in-interest,City Gas Company;and
^WHEREAS,pursuant to Ordinance 526-A,the City approved an amendment to the
Franchise changing the franchisee from Franchisee's predecessor-in-interest,City Gas Company
to Franchisee (which was then known as NUI Corporation);and
WHEREAS,pursuant to Ordinance 526-B,the City approved an amendment to the
Franchise changing the franchisee from Franchisee to Franchisee's wholly-owned subsidiary
Elizabethtown Gas Co.,which has since been merged into Franchisee;and
WHEREAS,the term of the Franchise has expired and the City and Franchisee desire to
enter into a new franchise agreement,but have not yet concluded negotiations on the acceptable
terms of suchagreement;and
WHEREAS,in order to allow the City and Franchisee time to enter into a new franchise
agreement on terms and conditions mutually agreeable to the Parties,the City and Franchisee
have agreed to extend the term ofthe Franchise as set forth herein;
NOW THEREFORE,in consideration of the premises and $10.00 and other good and
valuable consideration,the receipt and sufficiency of which the Parties hereby acknowledge the
Parties hereby agree that the Franchise granted by the above-referenced Ordinances is hereby
extended to Franchisee and continued on all of the same terms and conditions as set forth in such
Ordinances,except that the increased franchise fee rate of TA%currently being paid by
Franchisee is hereby ratified and approved,until the earlier of June ,2003 [NOTE:Insert
here date of June City Commission meeting]or the date immediately preceding the effective dateofanysubsequentfranchiseagreemententeredintobytheParties.Telecopies of counterparts of
l-MI/481035.2
this Agreement,executed byallof the Parties hereto,shall be considered forall purposes,
includingdelivery,as originals.
IN WITNESS WHEREOF,the Parties have executed this Franchise Extension
Agreement on the respective datessetforth below.
ATTEST:
^2
City Clerk
Approved astoform:
City Attorney
WITNESS:
Witness to sign above
Print Name:
l-MI/481035.2
g/U
CITY OF SOUTH MIAMI,
aFlorida minaicipal corporation
6*lcsfl-*>^
NamerSanford Yo
Its:Interim City Manager
Date:April«£!_,2003
4>s*t*&*esC69
IS
NUI UTILITIES,INC.,
aNewJersey corporation,d/b/aNUICity
Gas Company ofFlorida
By:
Name:
Its:
Date:April 2003