HomeMy WebLinkAboutResolution No. 1990-45RESOLUTION NO. 90 -45
A RESOLUTION ACKNOWLEDGING AND
APPROVING THE TRANSFER OF THE FRAN-
CHISE FOR ELIZABETHTOWN GAS COMPANY'S
RIGHTS THEREUNDER TO NUI CORPORATION
PURSUANT TO NATURAL GAS FRANCHISE OF
THE CITY OF CAPE CANAVERAL, FLORIDA;
PROVIDING AN EFFECTIVE DATE..
WHEREAS, the City of Cape Canaveral, Florida (the "City ") by
Ordinance .No. 5 -66 granted a.natural gas franchise (the "Fran-
chise") 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'Cbmpariy ( "Eli'z-
abethtown), 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, pursuant to the Franchise the transfer of rights
under the Franchise requires approval by the City; and
WHEREAS, the City is aware of no default on the part of Eliz-
abethtown with respect to the Franchise and desires to reaffirm
and ratify its prior approval ofthe merger of City Gas into Eliz-
abethtown 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:
SECTION 1. The City Council. hereby reaffirms and ratifies
the City's prior approval of the merger of City Gas into
Elizabethtown.
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 Elizabethtown and the rights and privileges granted
thereunder inure to the benefit of Elizabethtown, its successors
and assigns and that Elizabethtown is in full compliance with the
Franchise.
Resolution No. 90 -45.
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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 ETG 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. This Resolution shall take effect immediately
upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral,
Brevard County, Florida, this 21st day of August 1990.
�fArr FJ rtgC,Yc�`�yt r.' Pt J Y .tf ,� �- 1 %fssp''
t Clerk,
Y•.
';tApproye 3,�jxaVto- Form:
i
Ma r
NAME
YES
NO
ARABIAN
PORTER
X
RANDELS
X
SALAMONE
X
'iHURM
X
Resolution No. 90 -45
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