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Ordinance 430ORDINANCE NO. 430 AN ORDINANCE RESPECTING THE PURPORTED TRANSFER, SALE AND ASSIGNMENT BY THE PEOPLES GAS COMPANY, A MARYLAND CORPORATION, TO PEOPLES WATER AND GAS COMPANY, A DELAWARE CORPORATION, ITS SUC.. CESSORS AND ASSIGNS, OF ALL THE RIGHTS, PRIVILEGES, FRANCHISES AND AUTHORITY GRANTED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA, BY ORDINANCE NO, 260, OF THE CITY COUNCIL OF THE SAID CITY, PASS- ED NOVEMBER 7, 1928, AS AMENDED BY ORDINANCE NO, 272, PASSED APRIL 3, 1929, BY THE CITY COUNCIL OF THE SAID CITY, TO CHARLES E. STARR AND C. P. HOLZ.. DERBER, THEIR HEIRS, LEGAL REPRESENTATIVES AND ASSIGNS, TO CONSTRUCT, EQUIP, MAINTAIN AND OPERATE GAS PLANTS AND WORKS AND GAS HOLDERS AND ALL NECESS- ARY OR DESIRABLE APPURTENANCES FOR THE MANUFACTURE OF OR STORAGE OF GAS IN THE CITY OF MIAMI BEACH, FLORIDA, AND TO CONSTRUCT, EQUIP, MAINTAIN AND OPERATE IN, UNDER, UPON, OVER, AND ACROSS THE PRESENT AND FUTURE STREETS, AVENUES, ALLEYS, HIGHWAYS, BRIDGES, EASE- MENTS AND OTHER PUBLIC WAYS IN THE CITY OF MIAMI BEACH, FLORIDA, ANDMS SUCCESSORS, GAS MAINS AND SUPPLY PIPES, TOGETHER WITH ALL THE NECESSARY OR DESIRABLE APPURTENANCES FOR THE PURPOSE OF CONVEYING, DISTRIBUTING, SUPPLYING AND SELLING GAS TO SAID CITY AND ITS SUCCESSORS, THE INHABITANTS THEREOF, FOR LIGHT, HEAT, POWER AND OTHER PURPOSES, IMPOSING PROVISIONS AND CONDITIONS RELATING THERETO, AND INCLUDING AN AGREEMENT BY GRANTEES TO INDEMNIFY AND HOLD THE SAID CITY HARMLESS AS AGAINST ANY AND ALL LIABILITY, LOSS, COST, DAMAGES OR EXPENSE WHICH MIGHT OCCUR OR ACCRUE BY REASON OF NEGLECT, DEFAULT OR MISCONDUCT OF THE GRANTEES IN CONNECTION WITH THE EXERCISE OF THEIR RIGHTS UNDER SAID ORDINANCE NO. 260, AS AMENDED BY SAID ORDINANCE NO, 272, AND TO ACKNOWLEDGE THAT SAID PEOPLES WATER AND GAS COMPANY FILED WITH THE CLERK OF SAID CITY OF MIAMI BEACH, ON NOVEMBER 25, 1935, A COPY OF THE CONVEYANCE DATED NOVEMBER 14, 1935, BETWEEN THE PEOPLES GAS COMPANY, A MARYLAND CORPORATION, AND PEOPLES WATER AND GAS COMPANY, A DELAWARE CORPORATION, WHEREBY THE RIGHTS, PRIVILEGES, FRANCHISES AND AUTHORITY GRANTED TO SAID CHARLES E. STARR AND C. P. HOLZDERBER, THEIR HEIRS, LEGAL REPRESENTATIVES AND ASSIGNS, BY SAID ORDINANCE NO. 260, AS ABED BY SAID ORDINANCE NO. 272, WERE PURPORTED TO HATE CONVEYED, TRANSFERRED AND SOLD TO SAID PEOPLES WATER A. GAS COMPANY, AND TO ACKNOWLEDGE FURTHER THAT ON NOMMER 2, 1935, SAID PEOPLES WATER AND GAS COMPANY FILED WI T CITY CLERK OF THE SAID CITY ITS DULY EL. ECUS WRITTEN'ACCEPTANCE OF THE SAID PEOPLES WATER AND GAS COMPANY. OP THE SAID ASSIGNMENT AND ITS AGREEMENT TO ASSUME ,AND PERFORM THE OBLIGATIONS OF THE GRANTEES NAMED IN THE SAID ORDINANCE NO. 260, AS AMENDED BY SAID ORD. INANCE NO, 272, SAID AFOREMENTIONED DOCUMENTS BEING FILED PURSUANT TO THE PROVISIONS OF SECTION 17 OF SAID ORDINANCE NO, 260, AS IN THE SAID ORDINANCE SET FORTH. 1, WHEREAS, by Ordinance No. 260, passed by the City Council of the City of Miami Beach, Florida, on November 7, 19$F$, as appears in Minute Book No, g, at Page 450, of the minutes of the meeting of the said City Council, there was duly granted to Charles E. Starr and C. P. Holzderber, their heirs, legal representatives and assigns, the rights, privileges, franchises and authority mentioned in the said ordinance; and 2. WHEREAS, all the terms and obligations of said ordinance No, 260, were duly accepted in writing on November 24, 1925, by the said Charles E. Starr and C. P. Holzderber, and said acceptance was filed with the City Clerk of said. City on November 26, 1925, as appears in Minute Book No. g, at Page 491 of the minutes of the meet. ing of the City Council held on December 5, 1925; and 3, WHEREAS, at an election duly called and held in the said City of Miami Beach, on December 11, 1925, the said Ordinance No. 260 granting the said rights, privileges, franchises and authority to the said Charles E. Starr and C. P. Holzderber, their heirs, legal re- presentatives and assigns, was duly and legally approved and ratified by the qualified voters of the said City of Miami Beach, as appears in Minute Book No, 9, at Page 3 of the minutes of the meeting of the said City Council, held on December 12, 1925; and WHEREAS, after the said election, the said Charles E. Starr and C. P. Holzderber, within the time fixed in the said Ordin. ance No. 260, accepted all of the terms and conditions of the said ordinance as appears in Minute Book No. 9, at Page 49 of the minutes of the meeting of the said City Council held on January 16,, 1929; and 5. WHEREAS, on March 23, 1929, the said Charles E. Starr and C. P. Holzderber, by an instrument in writing, assigned to Gas Company of Miami Beach, Inc., a Florida. corporation, the rights, privileges, franchises and authority granted to them by the said Ordinance No. 260, which said assignment was also executed by the said Gas Company of Miami Beach, Inc., for the purpose of evidencing the latter f s acceptance of the said, franchise and its agreement to assume and perform the obligations of the grantees as in the said Ordinance No, 260 set forth, and which said assignment and acceptance was filed with the Clerk of the City of Miami Beach on April 3, 1929, as appears in Minute Book No, 9, at Page 111 of the minutes of the meeting of the said City Council held on April 10, 1929; and 6. WHEREAS, said Ordinance No, 260, was amended by Ordinance No, 272, passed by the City Council of said City on April 3, 1929, as appears in Minute Book No. 9, at Page 95, of the minutes of the meeting of the said City Council, and which ordinance was approved and ratified by the qualified voters of said City at an election duly held on May 7, 1929, as appears in Minute Book No. 9, at Page 178 of the minutes of the meeting of the City Council held on May 15, 1929; and 7. WHEREAS, said Ordinance No. 272 was thereafter, on May 31, 1929, duly accepted by Charles E. Starr and C. P. Holzderber, as appears in Minute Book No. 9, at Page 221, of the minutes of the meeting of the City Council held on June 5, 1929; and 8. WHEREAS, on May 31, 1929, the said Charles E. Starr and C. P. Holzderber duly assigned to Gas Company of Miami Beach, Inc., a Florida corporation, its successors and assigns, all rights, privileges, franchises and authority under said Ordinance No. 260, as amended by Ordinance No. 272, which assignment was filed with the City Clerk of said City of Miami Beach on June 3, 1929, as appears in Minute Book No. 9, at Page 222 of the minutes of the meeting of the said. City Council held on June 5, 1929, which assignment was thereafter recorded in the office of the Clerk of the Circuit Court of Dade County, Florida, on March 15, 1933, in Deed Book 1516, at Page 381; and 9. WHEREAS, in the instrument described in the next immediately preceding paragraph hereof the said Gas Company of Miami Beach, Inc.,, on May 31, 1929, united in the execution of said instrument for the purpose of assuming and agreeing to perform and fulfill in all respects all of the obligations imposed upon said Charles E. Starr and C. P. Holzderber by said Ordinance No, 260, as amended by Ordinance No, 272; and 10, WHEREAS, said Gas Company of Miami Beach, Inc., on April 17, 1929, accepted all of the terms and obligations of said Ordinance No. 260, as amended by Ordinance No. 272, as appears in Minute Book No. 9, at Page 135 of the minutes of the said City Council held on May 1, 1929; and 11, WHEREAS, on February 7, 1933, the said The Peoples Gas Company filed with the Clerk of said City a copy of the deed dated December 10, 1931, executed by the said Trustees in Bankruptcy, as recorded in Deed Book No, 1507, at Page 166 of the records of the Clerk of the Circuit Court of Dade County, Florida, whereby it was purported that there were transferred, sold and conveyed to said The Peoples Gas Company, its successors and assigns, all rights, privileges, franchises and authority theretofore granted to Charles E. Starr and C. P. Holzderber, their heirs, legal representatives and assigns, by said Ordinance No. 260, and/or any ordinance amendatory thereof, as appears in Minute Book No. 12, at Page 12 of the minutes of the meeting of the City Council held on March 15, 1933; and 12, WHEREAS, on February 7, 1933» the said The Peoples Gas Company filed with the Clerk of said City its written acceptance of the said assignment from the said Trustees in Bankruptcy wherein and whereby the said The Peoples Gas Company agreed to assume and perform the obligations of the grantees as set forth in said Ordinance No. 260, as amended by said Ordinance No, 272, as appears in Minute Book No. 12, at Page 12 of the minutes of the meeting of the City Council held on March 15, 1933; and 13. WHEREAS, on November 23, 1935, Peoples Water and Gas Company, a Delaware corporation, filed with the City Clerk of the said City of Miami Beach the following mentioned documents, as appears in Minute Book No, 14, at Page 223 of the minutes of the meeting of the City Council held on December 4, 1935$ (a) The original and duly executed Indenture made as of November 14, 1935, between The Peoples Gas Company, a Maryland corporation, and Peoples Water and Gas Company, a Delaware corporation, which Indenture was recorded on November 14, 1935, in Deed Book No. 1663, at Page 20 of the Public Records of Dade County, Florida, in the office of the Clerk of the Circuit Court of said County; the said Indenture contain. Ing, among other things, a written assignment of the rights, privileges, franchises and authority granted to Charles E. Starr and C. P. Holzderber, their heirs, legal representatives and assigns, by the City Council of the City of Miami Beach, Florida, by said Ordinance No. 260, as amended by said Ordinance No. 272. (b) A duly executed written acceptance by said Peoples Water and Gas Company of the said assignment and its agreement to assume and per- form the obligations of the grantees named in the original Ordinance No. 260, as amended by Ordinance No, 272, as in the said Ordinance is set forth; and 144 WHEREAS, all of said documents hereinabove mentioned have been filed with the Clerk of the said City of Miami Beach, pursuant to provisions of Section 17 of. said Ordinance No. 260, as in the said ord.- inanoe set forth, and the said Peoples Water and Gas Company has corn -- plied in every respect with the requirements of said Section 17 of Ordinance No. 260, as amended by said Ordinance No, 272; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA: 1. That it is hereby acknowledged that the said Peoples Water and Gas Company filed with the City Clerk of the City of Miami Beach on November 23, 1935, the documents hereinbefore described, 2, The foregoing ordinance was presented at a regular meeting of the City Council of Miami Beach, held on the 13th day of May, 1936, and was read in full, and, at the same regular meeting of the said City Council, by the unanimous consent of the City Council present, consist- ing of six members, the said ordinance was reada second time by title only. The said ordinance lay over from the meeting at which it was given its first and second readings until the next regular meeting of the City Council held on the 3rd day of June, 1936, when it was read a third time in full and put on its final passage and was adopted by the unanimous vote of the members of the City Council present, the vote being taken upon call of the roll. PASSED AND ADOPTED this 3rd day of June, A. D. , 1936. resident of t e City Counci .: ATTEST. City Clerk APPROVED BY ME this 4th day of June, A. D., 1936. 1st Reading - May 13, 1936, 2nd Reading - May 13, 1936. 3rd Reading - June 3, 1936. Posted - June 4, 1936. STATE OF FLORIDA ) COUNTY OF DADE ) I, C. W. TOMLINSON, City Clerk in and for the City of Miami Beach, Florida, do hereby certify that Ordinance No. 430 entitled "AN ORDINANCE RESPECTING THE PURPORTED TRANSFER, SALE AND ASSIGNMENT BY THE PEOPLES GAS C OMPANY , A MARYLAND CORP- ORATION, ORP -ORATION, TO PEOPLES WATER AND GAS COMPANY, A DELAWARE CORPORATION, ITS SUCCESSORS AND ASSIGNS, OF ALL THE RIGHTS, PRIVILEGES, FRAN- CHISES AND AUTHORITY GRANTED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA, BY ORDINANCE NO. 260, OF THE CITY COUNCIL OF THE SAID CITY, PASSED NOVEMBER 7, 1928, AS AMENDED BY ORDINANCE NO. 272, PASSED APRIL 3, 1929, BY THE CITY COUNCIL OF THE SAID CITY, TO CHARLES E. STARR AND C. P. HOLZDERBER, THEIR HEIRS, LEGAL REPRESENTATIVES AND ASSIGNS, TO CONSTRUCT, EQUIP, MAINTAIN AND OPERATE GAS PLANTS AND WORKS AND GAS HOLDERS AND ALL NECESSARY OR DESIRABLE APPURTENANCES FOR THE MANUFACTURE OF OR STORAGE OF GAS IN THE CITY OF MIAMI BEACH, FLORIDA, AND TO CONSTRUCT, EQUIP, MAIN- TAIN AND OPERATE IN, UNDER, UPON, OVER, AND ACROSS THE PRESENT AND FUTURE STREETS, AVENUES, ALLEYS; HIGHWAYS, BRIDGES, EASEMENTS AND OTHER PUBLIC WAYS IN THE CITY OF MIAMI BEACH, FLORIDA, AND ITS SUCCESSORS, GAS MAINS, AND SUPPLY PIPES, TOGETHER WITH ALL THE NECESSARY OR DESIRABLE APPURTENANCES FOR THE PURPOSE OF CONVEYING, DISTRIBUT- ING, SUPPLYING AND SELLING GAS TO SAID CITY AND ITS SUCCESSORS, THE INHABITANTS THEREOF, FOR LIGHT, HEAT, POWER AND OTHER PURPOSES, IM- POSING PROVISIONS AND CONDITIONS RELATING THERETO, AND INCLUDING AN AGREEMENT BY GRANTEES TO INDEMNIFY AND HOLD THE SAID CITY HARMLESS AS AGAINST ANY AND ALL LIABILITY, LOSS, COST, DAMAGES OR EXPENSE WHICH MIGHT OCCUR OR ACCRUE BY REASON OF NEGLECT, DEFAULT OR MIS- CONDUCT OF THE GRANTEES IN CONNECTION WITH THE EXERCISE OF THEIR RIGHTS UNDER SAID ORDINANCE NO. 260, AS AMENDED BY SAID ORDINANCE NO. 272, AND TO ACKNOWLEDGE THAT SAID PEOPLES WATER AND GAS COMPANY FILED WITH THE CLERK OF SAID CITY OF MIAMI BEACH, ON NOVEMBER 23, 1935, A COPY OF THE CONVEYANCE DATED NOVEMBER 14, 1935, BETWEEN THE PEOPLES GAS COMPANY, A MARYLAND CORPORATION, AND PEOPLES WATER AND GAS COMPANY, A DELAWARE CORPORATION, WHEREBY THE RIGHTS, PRIVILEGES, FRANCHISES AND AUTHORITY GRANTED TO SAID CHARLES E. STARR AND C. P. HOLZDERBER, THEIR HEIRS, LEGAL REPRESENTATIVES AND ASSIGNS, BY SAID ORDINANCE NO. 260, AS AMENDED BY SAID ORDINANCE NO. 272, WERE PUR- PORTED TO HAVE BEEN CONVEYED, TRANSFERRED AND SOLD TO SAID PEOPLES WATER AND GAS COMPANY, AND TO ACKNOWLEDGE FURTHER THAT ON NOVEMBER 23, 1935, SAID PEOPLES WATER AND GAS COMPANY FILED WITH THE CITY CLERK OF THE SAID CITY ITS DULY EXECUTED WRITTEN ACCEPTANCE OF THE SAID PEOPLES WATER AND GAS COMPANY OF THE SAID ASSIGNMENT AND ITS AGREEMENT TO ASSUME AND PERFORM THE OBLIGATIONS OF THE GRANTEES NAMED IN THE SAID ORDINANCE NO. 260, AS AMENDED BY SAID ORDINANCE NO. 272, SAID AFOREMENTIONED DOCUMENTS BEING FILED PURSUANT TO THE PROVISIONS OF SECTION 17 OF SAID ORDINANCE NO. 260, AS IN THE SAID ORDINANCE SET FORTH", having been passed and adopted by the City Council of the City of Miami Beach, Florida, has been posted by me in three conspicuous places in the City of Miami Beach, one of which was at the door of the City Hall in said City on the 4th day of June, A. D., 1936, and that said Ordinance remained posted for a period of at least thirty days in accordance with the requirements of the City Charter of the said City of Miami Beach. IN WITNESS WHEREOF I have hereunto set my hand and affixed the official seal of the City of Miami Beach, Florida, on this the 14th day of July, A. D., 1936. TO ir►' •`f • CA I-4 C1 i-" 0 El Oil 2 (1704; O 4.4 I -'b co 0 ct g CD 1-40 ct to