HomeMy WebLinkAboutOrdinance No. 01-19971
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ORDINANCE NO. 01-97
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA
RELATING TO THE PROVISION OF NATURAL GAS SERVICES BY CITY
GAS COMPANY OF FLORIDA WITHIN THE MUNICIPAL BOUNDARIES
OF THE CITY; PROVIDING A SHORT TITLE; STATING A PURPOSE
AND SEVERAL GOALS; PROVIDING A MARKETING STRATEGY;
PROVIDING DEFINITIONS; GRANTING A FRANCHISE; PROVIDING A
TERM AND EFFECTIVE DATE; SETTING FORTH TERMS FOR
FRANCHISE OPERATION AND TRANSFER OF OWNERSHIP OR
CONTROL; PROVIDING FOR FRANCHISE FORFEITURE OR
REVOCATION; REQUIRING LIABILITY INSURANCE AND
INDEMNIFICATION TO THE CITY; REQUIRING A PERFORMANCE
BOND; PROVIDING FOR DESIGN AND CONSTRUCTION PROVISIONS;
PERMITTING CITY REVIEW OF BOOKS AND RECORDS OF
FRANCHISEE; PROHIBITING PREFERENTIAL OR DISCRIMINATORY
PRACTICES; SETTING FORTH SERVICE STANDARDS FOR
SEVERABILITY; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS; PROVIDING FOR
INCORPORATION INTO THE CODE; AND PROVIDING FOR AN
EN'FECTIVE DATE.
WHEREAS, the City Council of the City of Cape Canaveral, Florida is authorized to
grant one or more non - exclusive franchises to construct, reconstruct, operate, and maintain a
natural gas system within the City; and
WHEREAS, after conducting an advertised public hearing, the City Council of the City of
Cape Canaveral finds, after careful evaluation and deliberation, that the granting of a natural gas
franchise to NUI Corporation, a New Jersey Corporation d/b /a City Gas Company of Florida is in
the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral.
NOW THEREFORE, be it enacted by the City Council of the City of Cape Canaveral,
Florida:
Section 1. The City Council of the City of Cape Canaveral does hereby approve the
franchise agreement between the City of Cape Canaveral and NUI Corporation, a New Jersey
Corporation, d/b /a City Gas Company of Florida, for the period February 18, 1997 to February 18 ,
2 0 2 7 . A copy of the franchise agreement is attached hereto as Exhibit "A" and said agreement
is incorporated herein by reference. The agreement shall be executed by both parties in duplicate,
and the Mayor is hereby authorized to execute said agreement on behalf of the City.
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City of Cape Canaveral
Ordinance No. 01 -97
Page 2
Section 2. Severability Clause. In the event that any term, provision, clause,
sentence or section of this Ordinance shall be held by a court of competent jurisdiction to be
partially or wholly unenforceable or invalid for any reason whatsoever, any such invalidity,
illegality, or unenforceability shall not affect any of the other or remaining terms, provisions,
clauses, sentences, or sections of this Ordinance, and this Ordinance shall be read and/or applies as
if the invalid, illegal, or unenforceable terms, provision, clause, sentence, or section did not exist.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All
ordinances and resolutions or parts of ordinances and resolutions in conflict herewith are hereby
repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This ordinance shall be incorporated into the
Cape Canaveral City Code and any section or paragraph number or letter and any heading may be
changed or modified as necessary to effectuate the foregoing.
Section 5. Effective Date. This Ordinance shall take effect immediately upon
being adopted by the City Council of the City of Cape Canaveral.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 18th day of
Febr ari,'18 1`9 Y .',s
elm,
-,
A1°1EST
Sandra.O Siittig `,CLERK
Approved as to Form:
Kohn Bennett, CITY A v ORNEY
g: \cityclk \ordinanc\frnchi se \gas l . doc
Motion: Randels Second: Petsos
Name
Burt Bruns
Tony Hernandez
Buzz Petsos
John Porter
Rocky Randels
First Reading:
Posted:
Publish:
Second Reading:
For Against
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February 4, 1997
February 5, 1997
February 8, 1997
February 18, 1997