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2002-R-09 '-' ...." RESOLUTION NO. 2002-R-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEW ATER, FLORIDA, ACKNOWLEDGING A CHANGE IN CONTROL OF THE NATURAL GAS FRANCHISE (ORDINANCE NO. 85-0-4); ATLANTIC GAS CORPORATION dba SOUTH FLORIDA NATURAL GAS COMP ANY WAS PURCHASED BY FLORIDA PUBLIC UTILITIES COMPANY, THE CONTROLLING PARTY (FRANCHISEE) WILL NOW BE KNOWN AS "FLORIDA PUBLIC UTILITIES COMPANY"; REPEALING RESOLUTIONS IN CONFLICT HEREWITH AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on February 4, 1985, the City Council of the City of Edgewater, Florida, adopted Ordinance No. 85-0-4 which renewed/granted the Franchise Agreement with South Florida Natural Gas Company; WHEREAS, South Florida Natural Gas Company is the holder of a non-exclusive franchise (Franchise) to provide natural gas service for the City of Edgewater; WHEREAS, on December 14, 2001, Atlantic Gas Corporation of which South Florida Natural Gas Company was a subsidiary, entered into a Purchase Agreement with Florida Public Utilities Company for the purchase of their assets. WHEREAS, a result of the purchase caused a change of control of the Franchisee which is now known as Florida Public Utilities Company. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Edge water, Florida: Section 1. To the extent required under the terms of the Franchise, the City authorizes and consents to the change in control of the South Florida Natural Gas Company (Franchisee) resulting from the purchase by Florida Public Utilities Company. Section 2. The Franchisee shall remain responsible for all obligations under the Franchise. 2002-R-09 1 Section 3. The roregoing consent shall be effective upoae closing of the Purchase Transaction. Section 4. All resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed. Section 5. This resolution shall take effect upon adoption. After Motion by Councilman Vincenzi and Second by Councilwoman Rhodes, the vote on this resolution was as follows: AYE NAY Mayor Donald A. Schmidt Councilman James P. Brown Councilman Dennis A. Vincenzi Councilwoman Harriet E. Rhodes Councilwoman Judith Lichter PASSED AND DULY ADOPTED this 1 Ss' day of March, 2002 For the use and reliance only by the City of Edgewater, Florida Approved as to form and legality by: Scott A. Cookson, Esquire City Attorney Foley & Lardner 2002-R-09 CITY COUNCIL OF THE CITY OF EDGESWAATER, FL B Qan�v't Donald A. Schmidt Mayor 4 Robin L. Matusick Legal Assistant Approved by the City Council d the Council meeting held on the day of March, 2002 under Agenda Item c -1 . r