HomeMy WebLinkAbout2001 06 25 Consent J Florida Public Utilities Company Franchise Agreement
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COMMISSION AGENDA
ITEM J
CONSENT X
INFORMATIONAL
PUBLIC HEARING
REGULAR
06/25/01
Meeting
MGR. ~ IDEP@
Authorization
REQUEST: It is requested that the City Commission pass Ordinance #2001-41 as
an Emergency Ordinance to further extend the franchise agreement between the city and
Florida Public Utilities Company (FPUC) from July 1,2001, to October 1, 2001.
PURPOSE: This agenda item is necessary to allow for additional time to negotiate and
prepare renewal terms for a franchise agreement with FPUC, purveyors of natural and propane
gas in the city.
BACKGROUND:
On June 5, 2000, negotiations began between the city and FPUC regarding renewal
terms for a franchise agreement which was scheduled to expire on December 31, 2000.
When an agreement could not be reached in time, the City Commission passed
emergency ordinance 2000-44, which extended the agreement through June 30, 2001.
Negotiations continued through mid-June, 2001, when proposed compromise terms
were relayed to the Division Manager of FPUC. In turn, he relayed those terms to his
superiors at company headquarters in West Palm Beach, but has indicated that a
response would not be forthcoming before June 30, 2001.
With only the June 25th meeting left in which to act, the City Attorney has suggested
that another emergency ordinance be passed to further extend the agreement to October
1, 2001, to allow for additional time for further negotiations and discussions. Such an
emergency ordinance, offered under authority granted in Chapter 166.041 (3) (b),
Florida Statutes, does not require a public hearing nor two readings as with a regular
ordinance.
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Consent Agenda Item "J"
City Commission Meeting
June 25, 2001
RECOMMENDATIONS:
It is recommended that Ordinance #2001-41 be passed by the City Commission as an
emergency measure to allow for further negotiations and discussions between the city and
FPUC on renewal terms for a franchise agreement.
A TT ACHMENTS:
Ordinance #2001-41
COMMISSION ACTION:
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ORDINANCE NO. 2001-41
AN EMERGENCY ORDINANCE OF THE CITY
COMMISSION OF THE CITY OF WINTER SPRINGS,
FLORIDA, EXTENDING THE TERM OF THE NATURAL
GAS FRANCHISE GRANTED BY ORDINANCES NO. 54
AND 2000-44 UNTIL JULY 1,2001; PROVIDING FOR THE
REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the current natural gas franchise ordinance, originally granted on December
21, 1970, will expire on June 30, 2001; and
WHEREAS, the City Commission will not hold another meeting until after the term of
said ordinance expires, therefore, an emergency exists requiring immediate and timely action to
extend the franchise to allow negotiations as stated herein; and
WHEREAS, City staff is currently negotiating a new natural gas franchise with Florida
Public Utilities Company and desires additional time to complete the negotiations and prepare a
new franchise ordinance for the City Commission's consideration and adoption; and
WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds
this ordinance to be in the best interests of the public health, safety, and welfare of the citizens of
Winter Springs to extend the franchise term provided in Ordinance No. 54, and extended by
Ordinance 2000-44, for a period of time set forth herein in order to allow City staff additional
time to complete negotiations on a new franchise with Florida Public Utilities Company.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1. Franchise Term Extended. The natural gas franchise term set forth in
Ordinances No. 54 and No. 2000-44 is hereby extended ninety (90) days and said term shall now
expire on October 1,2001. All other terms and conditions contained in said Ordinances No. 54
and No. 2000-44 shall be unchanged by this Ordinance and shall remain in full force and effect.
Section 2. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts of ordinances
and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 3. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
shall be deemed a separate, distinct and independent provision, and such holding shall not affect
the validity of the remaining portions of this ordinance.
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Section 5. Effective Date. This Ordinance shall become effective immediately
upon adoption by the City Commission of the City of Winter Springs, Florida.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the 25th day of June, 2001.
PAUL PARTYKA
Mayor
ATTEST:
ANDREA LORENZO-LUACES
City Clerk
APPROVED AS TO LEGAL FORM
AND SUFFICIENCY FOR THE CITY
OF WINTER SPRINGS ONLY:
Anthony A. Garganese, City Attorney
Effective Date: June 25, 200 I.
Accepted by Franchisee (Florida Public Utilities Company):
Print name/title:
City of Winter Springs Ordinance No. 2001-4 I
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ORDINANCE NO. 2001-41
AN EMERGENCY ORDINANCE OF THE CITY
COMMISSION OF THE CITY OF WINTER SPRINGS,
FLORIDA, EXTENDING THE TERM OF THE NATURAL
GAS FRANCHISE GRANTED BY ORDINANCES NO. 54
AND 2000-44 UNTIL JULY 1, 2001; PROVIDING FOR THE
REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the current natural gas franchise ordinance, originally granted on December
21, 1970, will expire on June 30, 2001; and
WHEREAS, the City Commission will not hold another meeting until after the term of
said ordinance expires, therefore, an emergency exists requiring immediate and timely action to
extend the franchise to allow negotiations as stated herein; and
WHEREAS, City staff is currently negotiating a new natural gas franchise with Florida
Public Utilities Company and desires additional time to complete the negotiations and prepare a
new franchise ordinance for the City Commission's consideration and adoption; and
WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds
this ordinance to be in the best interests of the public health, safety, and welfare of the citizens of
Winter Springs to extend the franchise term provided in Ordinance No. 54, and extended by
Ordinance 2000-44, for a period of time set forth herein in order to allow City staff additional
time to complete negotiations on a new franchise with Florida Public Utilities Company.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1. Franchise Term Extended. The natural gas franchise term set forth in
Ordinances No. 54 and No. 2000-44 is hereby extended ninety (90) days and said term shall now
expire on October 1, 2001. All other terms and conditions contained in said Ordinances No. 54
and No. 2000-44 shall be unchanged by this Ordinance and shall remain in full force and effect.
Section 2. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts of ordinances
and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 3. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
shall be deemed a separate, distinct and independent provision, and such holding shall not affect
the validity of the remaining portions of this ordinance.
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Section S. Effective Date. This Ordinance shall become effective immediately
upon adoption by the City Commission of the City of Winter Springs, Florida.
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APPROVED AS TO LEGAL FORM
AND S ICIENCY FOR THE CITY
OF NT SPRlNGSONLY:
Anthony A. Garganese, City Attorney
Effective Date: June 25, 2001.
ACC~;~~d~~.~::ch~s~eg~.~~~ Utilities Company):
Print name/title::::::c/ '" .-.//7 '-~ e. )<:~ o-'.>-.r S ."-
-~:-..r p) G~.
City of Wirlter Springs Ordinance No. 2001-41
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