HomeMy WebLinkAboutResolution 1994-21•
RESOLUTION NO. 94 -21
A RESOLUTION OF THE CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA; ACKNOWLEDGING AND
APPROVING THE TRANSFER OF THE FRANCHISE FOR
ELIZABETHTOWN GAS COMPANY'S RIGHTS THEREUNDER
TO NUI CORPORATION PURSUANT TO NATURAL GAS
FRANCHISE OF THE CITY OF CAPE CANAVERAL,
FLORIDA; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Cape Canaveral, Florida (the "City ") by
ordinance No. 5 -66 granted a natural gas franchise (the
"Franchise ") to City Gas Company of Florida ( "City Gas "), a Florida
Corporation; and
WHEREAS, the City by Resolution No. 88 -19 approved the merger
of City Gas with and into Elizabethtown Gas Company
( "Elizabethtown "), a New Jersey corporation and a wholly owned
subsidiary of NUI Corporation ( "NUI "), a public utility holding
• company also based in New Jersey; and
WHEREAS, the City by Resolution No. 90 -45 reaffirmed and
ratified the City's prior approval of the merger of City Gas into
Elizabethtown; and
WHEREAS, pursuant to the Franchise the transfer of rights
under the Franchise requires approval by the City; and
WHEREAS, the City desires to affirm its approval of the merger
of Elizabethtown into its parent company, NUI Corporation, and to
grant its approval of the transfer of the Franchise or rights
thereunder to its parent, NUI.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Cape Canaveral, Brevard County, Florida, as follows:
•
City of Cape Canaveral, Florida
Resolution No. 94 -21
Page 2
SECTION 1. The City Council hereby affirms the approval of
the merger of Elizabethtown into NUI.
SECTION 2. The City hereby acknowledges that as of the
date hereof, the Franchise is in full force and effect, is held and
owned by NUI and the rights and privileges granted thereunder inure
to the benefit of NUI.
SECTION 3. The City Council hereby approves any transfer
of the Franchise or rights thereunder to NUI, effective upon the
consummation of the merger of Elizabethtown into NUI.
SECTION 4. In the event the merger is not effected, for
any reason, the terms and conditions of the Franchise shall remain
in full force and effect as to the franchisee, Elizabethtown.
SECTION 5.
upon its adoption.
ADOPTED BY the City Council of
Florida, this 19th day of July
This Resolution shall take effect immediately
ATTEST:
•
Faith -C.
Approved
Mille CITY CLERK
as toorm:
John' 2. KaT c l4, a, ' CITY ATTORNEY
the City of Cape Canaveral,
1994.
John K. Porter, Mayor Pro- Tan
I 00 MAN= 1111*111 anal
KUM
BERGER
NICHOLAS
PORTER
RANDELS
SALAMONE
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