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Ordinance 1363TC : BILL JOH[iSOAd August 23, 1962 A.r. E. R. Gardner, Superintendent, Bond Department Hartford Accident and Indemnity Company P. 0. Box 6105-B Orlando, Florida Dear Mr. 'Gardner: I referred your letter regardinv the $10,000 Bond delivered by your company for and on behalf of Peoples as System, Inc. to the City Attorney, who thereupon submitted to me his memorandum on the subject. A copy of his memorandum is attached. I believe that upon the submission of a new bond conditioned as required by the Franchise Ordinance referred to in the enclosed memorandum, the same will be promptly approved, and I.will thereupon submit an appropriate resolution for adoption by the City Council canceling liability on your Bond No. 33581900 JCD : FG Enc. C 0 P Y Very till ly yours, J. C. Duffield Assistant City Manager OFFICE OF THE CITY ATTORNEY 8-22-62 TO: 0. M. Pushkin, City Manager FROM: Joseph A. Wanick, City Attorney Re: Peoples Gas System, Inc. Bond No. 3358490 has been on file with the City Clerk since its delivery on July 17, 1958. It was disapproved icor non- compliance with the requirements of Gas Franchise Ordinance #260. This Bond was delivered to replace Bond No. 2305282, because of the change of name of the grantee of the franchise. On December 1, 1959, a new gas franchise went into effect. The City Clerk on December 17, 1959, notified Peoples Gas System, Inc. of the necessity to furnish a new bond as required by Section 5, Ordinance No. 1363, granting the new Gas Franchise. On December 18, 1959, Mr. John Bills of the Gas Company replied to the City Clerk stating his belief that said Bond No. 3358490, on file with the City Clerk was a sufficient compliance. On December 23, 1959, the City Clerk, upon advice of the Legal Department, notified the agents for the Bonding Company that Bond No. 3358490 was not satisfactory, and that a new Bond to be dated December 1, 1959 (the commencement date of the new Franchise) and setting forth the conditions required by Section 5, Ordinance No. 1363, was required. Since that time I have had a number of discussions with Mr. Bills, of the Gas Company, and agents of the Bonding Company during which I reiterated the necessity for a Bond meeting the requirements of Ordinance No. 1363. I note that the letter addressed to you by Mr. Gardner of the Bonding Company refers to a presumably new Bond numbered 3482257. I have no recollection of any new Bond complying with the ordinance having been sub- mitted for approval. In my opinion, it is the duty of the Gas Company to submit a proper Bond without further delay and it should be so advised. TO: OFFICE OF THE CITY ATTORNEY 8-22-62 0. M. Pushkin, City Manager FROM: Joseph A. Wanick, City Attorney Re: Page Two It is also my opinion that the City Council only, by Resolution, can authorize the execution of the form of cancell- ation of Bond No. 3358490, which was enclosed by Mr. Gardner in his letter to you. I do not recommend that this be done, however, until a proper Bond to replace Bond No. 3358490 has been delivered to the City. JAW:es Mr. Joseph A. Wanick 0. M. Pushkin August 17, 1962 Enclosed is registered letter of August 15, 1962 from the Hartford Accident and Indemnity Company regarding Bond #3482257 - Peoples Gas System, Inc. of North Miami Beach, $10,000 Street Obstruction Permit Bond. Will you kindly advise the proper action to take in this matter and also prepare a reply to the Hartford Company for my signature. OMP:FG Enc. CC: City Clerk R. elm. L. Johnson C 0 p Y TO: OFFICE OF THE CITY ATTORNEY 3-5-63 R. Wm. L. Johnson, City Clerk FROM: Joseph A. Wanick, City Attorney Re: Peoples Gas System, Inc. I transmit to you herewith Bond in the penal sum of $10,000.00 wherein Peoples Gas Company as Principal and American Fire & Casualty Co. as Surety are bound unto the City of Miami Beach for the faithful performance of the franchise granted to the Gas Company by the City under Ordinance Lo. 1363. In accordance with the provisions of the Ordinance, I have approved the same as to the form and the Surety Company executing the same. JAW:es Encl. Receipt acknowledged. March 8, 1963 R. Wm. L. Johnson THE 'ETNA CASUALTY AND SURETY COMPANY HARTFORD 15, CONNECTICUT AFFILIATE OF /ETNA LIFE INSURANCE COMPANY THE STANDARD FIRE INSURANCE COMPANY ADAE & HOOPER THE OLDEST INSURANCE OFFICE IN MIAMI BEACH 1500 ALTON ROAD. P. O. BOX 777 February 28, 1963 Mr. Joseph Wanick, City Attorney City of Miami Beach City Hall Miami Beach, Florida Dear Mr. Wanick: Re: MIAMI BEACH, FLORIDA Peoples Gas System, Inc. American Fire & Casualty Company Bond No. S-36179 We are enclosing original bond, which has been signed by the Principal. This bond, as you know, was approved by you on January 31, 1963. Very truly yours, ADAE 0 PQ INSURANCE,INC. tr• 4 E ton Cary encl/ njs AMERICAN FIRE AND CASUALTY COMPANY BOND NO. S 36179 KNOW ALL MEN BY THESE PRESENTS: That we, THE PEOPLES GAS SYSTEM, INC., a corporation organized and existing under the laws of the State of Florida, as Principal, and hereinafter at times referred to as Principal, and AMERICAN FIRE AND CASUALTY COMPANY, a corporation and surety company organized and existing under the laws of the State of Florida and authorized to transact business in the State of Florida, as Surety, and hereinafter at times referred to as Surety, are held and firmly bound unto the City of Miami Beach, a municipal corporation of the State of Florida, in the sum of TEN THOUSAND DOLLARS ($10,000.00), for the payment whereof, well and truly to be made, we do bind ourselves, our successors and assigns, jointly and severally, firmly by these presents. SIGNED, SEALED AND DATED THIS 14th day of February 1963. THE CONDITION of the above obligation is such that, whereas, the City of Miami Beach did, by its Ordinance No. 1363, grant a franchise to PEOPLES GAS SYSTEM, INC., a Florida Corporation, its successors and assigns, to operate and maintain a gas system and to sell and distribute gas amongst other things within the City of Miami Beach, Florida; and THE PEOPLES GAS SYSTEM, INC. has accepted the said franchise and has agreed to assume the obligations contained therein. THE CONDITION of this obligation is that the Peoples Gas System, Inc. shall defend and indemnify the City of Miami Beach against all suits and pay all judgments against the City beca se of any liability, loss, cost, damage or expense which may accrue against the City, by reason of the neglect, default or misconduct of the Peoples Gas System, Inc., whether of omission or couuuission, in connection with the exercise of its rights hereunder, including the construction, operation or maintenance of the Peoples Gas System, Inc. gas system, gas mains, supply pipes and appurtenances, and the City shall in no way be liable therefor. PROVIDED, HOWEVER, that this bond is executed upon the following express conditions precedent to the delivery hereof and any right of recovery hereon; anything in the said Ordinance to the contrary notwithstanding: FIRST: That this instrument shall be executed by the Principal before delivery. SECOND: That the entire recovery against the Surety hereunder shall be limited to the penal sum of the bond. THIRD: That the Principal shall be made a party to any suit or action bro._ght upon this bond and be served with process commencing the same if the Principal can, with reasonable diligence, be found. It is understood and agreed that the Surety assumes no liability under this instrument for any claim or obligation which may have ari'en prior to date of execution of this bond; furthermore, that this instrument is re- newable at the option of the Surety on each anniversary date which is established as the 2nd day of September each year. ATTEST: • Asst. ATTEST: tary) Power of Attorney Attached Bond and Surety Company approved this 5th day of March, 1963 ‘001/) ity Attorney PEOPLES GAS SYSTEM, INC. By idents (Principal) AMERICAN FIRE AND CASUALTY COMPANY Attorney -In -Fac COUNTERSIGNED: y � , .,x `F4on. cYa Licens ;4 Agei Fc. m POA S-063 AMERICAN Fire and Casualty Company ORLANDO. FLORIDA POWER OF ATTORNEY CERTIFIED COPY Power No. 9 90 - 3 4 6A lanofu NI Alen bg these resents: That the AMERICAN FIRE AND CASUALTY COMPANY, a Corporation duly organized under the laws of the State of Florida, and having its principal office in the City of Orlando, County of Orange, State of Florida, hath made, constituted and appointed, and does by these presents make, constitute and appoint JACK E. DOIG of Miami and State of Florida its true and lawful Attorney(s)-in-Fact, with full polder and authority l ereoy conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf, ANY AND ALL BONDS NOT TO EXCEED IN AMOUNT THREE HUNDRED FIFTY THOUSAND AND NO/ 100 ($350, 000.00 DOLLARS. and to bind the AMERICAN FIRE AND CASUALTY COMPANY thereby as fully and to the same extent as if such bonds were signed by the duly authorized officers of the AMERICAN FIRE AND CASUALTY COMPANY, and all acts of said Attorney(s)- in-Fact pursuant to the authority herein given, are hereby ratified and confirmed; with right of revocation in the premises. This power -of -Attorney is made and executed pursuant to and by authority of the following By -Law adopted by the Stockholders of the AMERICAN FIRE AND CASUALTY COMPANY at a meeting duly called and held on the 5th day of March A. D., 1945. "ARTICLE, V, SECTION 10—"The President and/or Vice President may appoint attorneys -ire -fart for the purpose of executing bonds, undertakings, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof." (CORPORATE) (SEAL) This Power Void If Altered or Erased. All authority hereby conferred shall terminate, without further notice, unless sooner revoked, at midnight of July 11 , 19 64 • .3n Bailees lighereof, the AMERICAN FIRE AND CASUALTY COMPANY has caused these presents to be signed by its President or Vice -President and Secretary or Assistant Secretary, and its Corporate Seal to be hereto affixed, this 2 day of January A. D., 19 62 . �� / .J� AMERICAN FIRE A D CASUALT COMPANY A est: &i V • By. 1 1: Q Charles ka. Bouton, as Assistant Secretary Charles E. Hagar, as Vice resident STATE OF FLORIDA, COUNTY OF ORANGE, ss: On the 2 day of January A. D., 19 62 before me personally appeared, Charles E. Hagar, Vice President and Charles P. Bouton, Assistant Secretary of the AMERICAN FIRE AND CASUALTY COMPANY to me known, who, being duly sworn, did depose and say; that they reside in the City of Orlando, State of Florida; that they are the said officers of the Company aforesaid, the Corporation described in and which executed the above instrument, that the seal affixed to the said instrument is the Corporate Seal of said Company and that it was so affixed by authority granted under the By -Laws of said Company and that they sign their names thereto by like order. (SEAL) STATE O F FLORIDA) ss: COUNTY OF ORANGE) n Notary P . lic Notary Public, State of Florida at Large My Commission Expires Feb. 2, 1963 Bonded By American fired Casualty Co. I, Dorothy C. Reel, SJcretary of AMERICAN FIRE AND CASUALTY COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a power of attorney executed by said AMERICAN FIRE AND CASUALTY COMPANY, which is still in full force and effect. IN WITNESS,WH REOF, I have signed t b i s certificate at Orlando, Florida, th i s day of t /L C!/* (ef , 19 i-� 0 Dorothy CO -Reel, Sec etary ORDINANCE NO. 1363 AN ORDINANCE GRANTING TO PEOPLES GAS SYSTEM, INC., A FLORIDA CORPORATION, A FRANCHISE FOR A PERIOD OF THIRTY (30) YEARS TO CONSTRUCT, OPERATE AND MAINTAIN A GAS UTILITY SYSTEM IN THE CITY OF MIAMI BEACH, FLORIDA. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1: There is hereby granted to Peoples Gas System, Inc., a Florida corporation, with general offices in North Miami, Dade County, Florida its successors and assigns, (Hereinafter called the "Grantee"), the non-exclusive right, privilege and franchise for a period of thirty (30) years from the date of acceptance of this franchise as required herein, to erect, construct, operate and maintain a gas system and to import, transport, sell and distribute gas, whether natural, manufactured, or mixed, within the City of Miami Beach, Florida, and persons, firms and corporations beyond the limits thereof, and for these purposes to establish the necessary facilities and equipment and to lay and maintain gas mains, service pipes and any other appurtenances necessary to the sale and distribution of gas in and along the streets, alleys and other public places and ways of the City of Miami Beach, Florida. This grant is made in consideration of the construction, maintenance, and continuous operation of the gas system, distribution system, gas mains and supply pipes by the grantee herein provided for, and for the benefits and conveniences to the inhabitants of said City as a result thereof. (1) No Exclusive Grant. The right to use and occupy said streets, alleys, public places and ways for the purposes herein set forth shall not be exclusive and the City reserves the right to grant a similar use of said streets, alleys, public places and ways to any person or corporation at any time during the period of this franchise. SECTION 2: The City of Miami Beach hereby reserves the right at or after the expiration of this grant, to purchase the property of the grantee used under this grant, as provided by the Statutes of Florida in effect at the time of grantee's acceptance hereof, including Section 167.22, Florida Statutes, 1957, and, as a condition precedent to the taking effect of this grant, the grantee shall give and grant to the City of Miami Beach the right to purchase so reserved. Grantee shall be deemed to have given and granted such right of purchase by the act of acceptance hereof. SECTION 3: All work done in, under, upon, over and across the present and future streets, avenues, alleys, highways, bridges, easements and other public places and ways in the City of Miami Beach, Florida, hereunder for the purpose of carrying out the provisions of this franchise shall be done in a good and workmanlike manner and so as not unreasonably to interfere with traffic, and when any portion of any street or other public way in the City of Miami Beach is excavated or damaged by reason of such work, such street or public place or way shall, within a reasonable time and as early as practicable after such excavation or damage, be replaced in as good condition as it was at the time of such excavation or damage. In the event grantee should fail or refuse, within a reasonable time, to replace such portion of any street, or other public place or way so excavated or damaged, the City of Miami Beach shall have the right to so replace said portion of said street or other public place or way, at the cost and expense of the grantee, which cost and expense shall be paid by the grantee to said City within thirty days after the submission of a bill therefor. -1- Any such portion of any street or other public place or way so excavated or damaged by grantee shall be maintained by grantee for five years thereafter in as good condition as the remaining portion of said streets or public places or ways, and, if the grantee shall fail to so maintain any of such streets or public places or ways, said City may, after notice to the grantee and the lapse of ten days, make such repairs as are necessary for such maintenance, and the cost thereof shall be paid by the grantee within thirty days after the submission of a bill therefor; provided, however, that if within said five-year period the City, for reasons other than the fault, failure or refusal of the grantee to perform its obligations under this Section, repaves any street or other public way, then, in such event, the grantee's obligations under this Section shall cease and determine with reference to that portion of street or other public place or way so repaved by the City. SECTION 4: Grantee shall use reasonable precautions for the safety of the public at all openings, excavations or obstructions made by the grantee in said present or future streets, avenues, alleys, highways, bridges, easements and other public places and ways in the City of Miami Beach, Florida, and shall protect the same during the night time by proper and suitable signals and barriers in sufficient number to mark plainly and safeguard such openings, excavations or obstructions. SECTION 5: The Grantee shall defend and indemnify the City of Miami Beach against all suits and pay all judgments against the City because of any liability, loss, cost, damage or expense which may accrue against the City, by reason of the neglect, default or misconduct of the grantee, whether of omission or commission, in connection with the exercise of its rights hereunder, including the construction, operation or maintenance of the grantee's gas system, gas mains, supply pipes and appurtenances, and the City shall in no way be liable therefor. For the purpose of guaranteeing to the City the observance of this undertaking, the grantee shall at all times, during the exercise of the grantee's rights under this ordinance, have deposited with the City Clerk of the said City, a surety bond in the penal sum of Ten Thousand Dollars ($10,000.00), to be executed by the grantee and such surety company as shall be approved by the City Attorney, conditioned for the faithful observance by the grantee of this undertaking. SECTION 6: The mains, service pipes and gas system constructed under this grant shall be constructed, maintained and operated in accordance with established practice in respect to such construction, operation and maintenance. Before the commencement of the construction of mains, service pipes and other facilities and appurtenances of the gas system, the grantee shall make application to the City Engineer of the City of Miami Beach to designate the lines and grades to which, and places where, the said mains or pipes shall be laid. All such gas mains and service pipes to be installed shall conform accurately to the lines, grades and places so designated by the City Engineer. No excavation of any street or other public place or way shall be made unless grantee shall beforehand secure a permit therefor from the City Engineer unless such excavation should be necessary because of an emergency requiring immediate action. All construction made under the provisions of this ordinance shall be of first class material and all gas mains, service pipes and gas system shall have an adequate capacity to supply the full requirements of gas, for service to the City and its inhabitants, of the proper pressure and quality required by the Florida Railroad and Public Utilities Commission. In the construction of any above ground buildings, facilities or appurtenances, the grantee shall comply with the pertinent building and zoning ordinances of the City of Miami Beach. In all cases where a permit is required for construction or maintenance to the grantee's mains, service pipes and gas system no fee shall be charged for such permit where the work is to be done by the grantee's own employees, but where such work is to be done by a contractor the permit fee prescribed by the pertinent ordinance of the City shall be paid either by the grantee or the contractor. SECTION 7: If any street, highway or avenue is about to be paved by the City of Miami Beach, the City Engineer shall give written notice thereof to the grantee not less than sixty days prior to the commencement of such work. Provided the grantee does not already have a main in said street, highway or avenue to provide gas service to the houses and other structures fronting thereon, grantee shall cause a survey to be made of the owners or lessees of the houses and other structures to determine whether a sufficient number will contract for gas service to make the laying of a gas main in such street, highway or avenue economically feasible. If such survey establishes the economic feasibility of such main in accordance with the formula applied to new main construction by grantee and the Florida Railroad and Public Utilities Commission, the grantee shall construct such gas main in said street, highway or avenue prior to the construction of such pavement by the City of Miami Beach. SECTION 8: All gas furnished by grantee to the inhabitants of the City of Miami Beach under this franchise shall be of standard quality and uniformity and shall have a heating value of not less than seven hundred and nine British Thermal Units to the cubic foot and otherwise conforming to standards of quality approved by the Florida Railroad and Public Utilities Commission. Grantee, by acceptance of this franchise, covenants that it will never, during the life of this franchise, introduce into or use in its mains, pipes and gas system serving the City of Miami Beach any form of gas with a specific gravity heavier than the specific gravity of air, or with a calorific heat content greater than twelve hundred and fifty British Thermal Units per cubic foot. Grantee further covenants, by the acceptance of this franchise to make, or cause to be made, at its sole cost and expense, all reasonably necessary changes, transformations, or adjustments in all consumers' appliances utilizing or consuming gas supplied by the Grantee under the terms hereof which may or shall be required or necessitated for safety and efficiency, by reason of any change, alteration, or conversion in the nature, kind, or quality of gas supplied by the grantee to such consumer. SECTION 9: Grantee shall have the right to charge consumers within the City of Miami Beach for gas and service at rates approved by the Florida Railroad and Public Utilities Commission. Such rates shall not be increased except on the approval of the said Commission and grantee shall give advance notice to the City Manager and Mayor of any application to the said Commission for any increase in rates. SECTION 10: Grantee's pipes or other means of conveyance of gas hereunder shall be located subject to the supervision of the proper City officials and installed at grantee's sole cost and expense, in such manner as not unreasonably to interfere with any sewer, gas or water pipes, electric or other public utility service previously constructed, and, after the location and installation of grantee's pipes or other means of conveyance of gas shall have been fixed and established, the City shall not permit the same to be interfered with by any parties other than the City, except without cost to grantee and then only upon condition that any necessary alterations shall be made under directions of the grantee in such manner as shall not permanently impair the rights hereby granted nor unnecessarily interfere with or injure the present or future structures, operations or business of the grantee. Provided, however, that nothing herein contained shall be construed to make the City of Miami Beach liable to grantee for any cost or expense in connection with the construction, reconstruction, repair, location or relocation of grantee's pipes or other means of conveyance of gas hereunder necessary by the construction, reconstruction, location or relocation of any existing or proposed sewer, water main or other duct or structure, or by the widening, grading, paving or otherwise improving by said City of any of the present and future streets, avenues, alleys, highways, bridges, and other public places or ways used or occupied by grantee hereunder, but the grantee shall be liable therefor. -3- SECTION 11: This franchise and all work that may be done hereunder shall be subject to such valid reasonable regulations, rules, laws and ordinances as may be in force or which may hereafter be enacted or adopted for the regulation and use of the streets and highways of the City of Miami Beach, and for the general welfare and safety of its citizens and the protection and safeguarding of their lives and property. SECTION 12: The grantee shall at all times keep an accurate map, showing the location of all gas mains and service pipes laid and maintained by grantee under the provisions of this ordinance, and the map shall be accessible for public inspection at all times during reasonable hours. On the first day of July during each and every year of the term of this franchise, the grantee shall furnish the City Engineer of the City of Miami Beach a copy of the map of said gas mains and service pipes last made by the grantee. SECTION 13: The grantee shall at its own expense furnish and lay service pipes from existing mains to a point at least six inches inside the property line of all property owners desiring gas service from the grantee along the grantee's mains, and, for the measurement of gas consumed, furnish, install and maintain gas meters which shall be of standard make, tested and sealed, and subject at all times to reasonable inspection by the City of Miami Beach through such officers or agents as may be designated by the City. A competent gas engineer may be employed by the City, and his duties, as well as the inspection of gas meters herein provided, may be defined by ordinance, and the inspection by such gas engineer may be made, once a day or more often, as may be necessary or proper to ascertain the accuracy and efficiency of the gas meters and whether the heat -unit quality of the gas furnished conforms to the standard required by the Florida Railroad and Public Utilities Commission, and it shall be and become the duty of grantee to replace any meter in the event of its over registration of two per centum or more. Provided, however, the gas meters shall be and remain the property of the grantee, and provided the grantee shall have the right by reasonable rules and regulations to govern the furnishing and maintenance of such gas meters. SECTION 14. All the conditions, obligations, agreements and provisions of this ordinance shall be binding upon the grantee, its heirs, legal representatives and assigns, whether expressly so stated herein or not, and all grants and privileges secured by this ordinance to the grantee shall be held to inure to the benefit of the grantee, its successors, legal representatives and assigns, and the consent of the City of Miami Beach is hereby expressly given to the grantee to assign this franchise and all permission, rights, privileges and authority hereby granted, to any corporation now existing or which may hereafter be created for the purpose of carrying out the terms and provisions of this ordinance. Such assignment shall not become effective until the grantee shall have filed with the Clerk of the City of Miami Beach a written assignment of the franchise hereby granted and the rights hereby conferred, executed by the grantee to a corporation authorized by the State of Florida to do business in the said State, and the written acceptance of such assignment of such corporation, and its agreement to assume and perform the obligations of the grantee as in this ordinance set forth, and the grantee shall be released from all further personal liability on account of this ordinance and the agreements herein contained when such assignment has been so made and accepted, and the assignee has so agreed to assume and perform the said obligations of the grantee. Any subsequent assignment of this franchise shall be subject to all the provisions of this section respecting the assignment thereof by the grantee. -4- SECTION 15: The grantee, its successors and assigns, shall pay to the City of Miami Beach, its successors and assigns, annually, for the privilege of operating a gas system under this franchise an amount which added to the amount of all taxes, licenses, and other imposts levied by the City of Miami Beach, its successors and assigns, upon the grantee'sas system for the preceding tax year, will equal six percent (6%) of the grantee's annual gross revenues from the sale of gas to residential, business and commercial customers within the City's corporate limits. The said annual amounts shall be paid on or before March 1st of the year following the year during which said sales were made, provided, however, that the first payment due hereunder shall be computed for the period commencing with the effective date of this grant and ending December 31, 1959, which first payment shall not be credited with the amount of taxes, licenses and other imposts levied by the City, upon the grantee's gas system for the year 1959. Any annual payment or portion thereof remaining unpaid when due shall draw interest from the due date, and until payment, at the rate of six percent (6%) per annum. The grantee shall file with the Clerk of the City within ninety (90) days after the closing of the grantee's fiscal year a statement showing gross receipts of the grantee from the sale of gas within the City limits for the preceding year. The grantee further agrees that the City Council shall have the right, during business hours, to inspect and/or audit the books and records of the grantee evidencing the gross receipts of the grantee on which this franchise fee is to be paid. SECTION 16: The City of Miami Beach agrees not to engage in the business of manufacturing, distributing or selling gas or gas appliances or equipment during the term of this franchise. SECTION 17: Grantee agrees that this franchise may be terminated or revoked for the reasons and in the mode as specified and provided for by Section 167.23 to Section 167.27, both inclusive, of Florida Statutes, 1957. SECTION 18: This ordinance shall take effect as soon as it has been approved by a majority of the qualified voters of the City of Miami Beach voting thereon at an election held for such purpose; but the effective date hereof shall not be less than forty (440) days after the final passage hereof. SECTION 19: All ordinances and parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 20: The grantee shall file its written acceptance of this franchise with the City Clerk of the City of Miami Beach, Florida, within thirty days after it shall have been duly passed, and approved by the Mayor of the City of Miami Beach. PASSED and ADOPTED this 2nd day of September, 1959. (SEAL) 1st reading - 2nd reading - 3rd reading - POSTED - August 19, 1959 August 19, 1959 September 2, 1959 September 2, 1959 Vice Mayor Hartford Accident and Indemnity Company Hartford, Connecticut cct PEOPLES GAS SYSTEM, INC. MIA)) , FLORIDA REGISTERED MAIL RETURN RECEIPT REQUESTED P NOTICE OF CANCELATION CITY MANAGER CITY OF MIAMI BEACH, FLORIDA L_ WHEREAS, on or about the 1.7 th J day of JULY AIIto3T 15, Bond No. 335800 A. D. 19 58_ , the bond in the penalty of Dollars ($ 10'000.00 ), on behalf of NORTH M IMI W , FLOSID1 Hartford Accident and Indemnity Company, as Surety, executed itss !'ArCTIa TSI THOUSAND AND NO/100 — — — PEOPLES GAS SYSTF4, INC. of as Principal, in favor of CITY OF MIAMI (EACH, FLORIDA 19 62 , as Obiivc, and WHEREAS, said bond, by its terms, provides that the said Surety shall have the right to terminate its suretyship thereunder by serving notice of its election so to do upon the said Obligee, and WHEREAS, said Surety desires to take advantage of the terms of said bond and does hereby elect to terminate its liability in accordance with the provisions thereof, NOW, THEREFORE, be it known that the Hartford Accident and Indemnity Company shall, at the expiration of... ] ..,(30) days after receipt of this notice, consider itself released from all liability by reason of any default committed thereafter by the said Principal. Signed and sealed this lStti day of 00113T A. D. 19 61 HARTFORD ACCID :moi s44EMNITY COMPANY Attest: ACKNOWLEDGMENT HARTFORD ACCIDENT AND INDEMNITY COMPANY P. O. BCK 61o5—B ORLANDO, FLORIBA Your Notice of Cancelation as set forth 17th Date 19 Form 5-3335 Rey. 9-'53 Printed in U. S. A. above received. We have arranged to cancel said bond effective day of SEPTEMBER 62 A. D.19 CITY OF MIAMI EEACH, FLORIDA By CITY MANAGER • J C HULLS TT • MA•RMAN T..F ..IARD AND CMAIRMAN 00 E . •>M M�itFt L v - AA 16 ..�•- C�IY M„icnCttZS OFFICE By- 11ARI'I'ORI)HART Ac-c'IDENT .AND INDEMNITY COMPANY ORLANDO BRANCH CHAS J. KELLY, MANAGER -CASUALTY 1011 EAST COLONIAL DRIVE P. 0. BOX 6105- B ORLANDO, FLORIDA ( 3 City Manager City of Miami Beach Miami Beach, Florida NOME O<< -.+ART FORD I5. CONNECTICUT SOUTHERN DEPARTMENT J H LEDBETTER MANAGER TRUST COMPANY OF GEORGIA BUILDING ATLANTA 3. GEORGIA Re: Bond #3482257 - Peoples Gas System, Inc. of North Miami Beach, Florida $10,000 Street Obstruction Permit Bond Dear Sir: MANNINO W MEANIE -1,q,if August 15, 1962 For the pant two years, we have been attempting to cancel bond #3358490 which was executed on January 17, 1958, this liability being replaced by that in caption. Bond #33581190 was replaced due to the insistence of your City Attorney, as he wanted several of the words in the bond form changed and we were pleased to accommodate in that instance. Since that time, we have been attempting to secure the return of bond #3358490 or to get a written release of this liability, however, to date this has not been forthcoming. In view of the above circumstances, we have no alternative but to send the attached Notice of Cancellation which is done under the terms of bond #3358940 which continues outstanding. Would you kindly make the necessary acknowledgement and return in the attached self addressed envelope. ERGsbjm Encl. Tours_ ve E. R. Gardn Superintendent Bond Department YEAR IN AND YEAR OUT YOULLDO WELL WITH THE HARTFORD STATE OF FLORIDA COUNTY OF DADE: I, R. WM. L. JOHNSON, City Clerk in and for the City of Miami Beach, Florida, do hereby certify that Ordinance No. 1363 entitled: "AN ORDINANCE GRANTING TO PEOPLES GAS SYSTEM, INC., A FLORIDA CORPORATION, A FRANCHISE FOR A PERIOD OF THIRTY (30) YEARS TO CONSTRUCT, OPERATE AND MAINTAIN A GAS UTILITY SYSTEM IN THE CITY OF MIAMI BEACH, FLORIDA" 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 2nd day of September, 1959, 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 21st day of October, 1959. i/ok>616e. City C rk December 23, 1959 Adae and Hooper 1500 Alton Road Miami Beach, Florida Attention: Mr. F. B. Adae Dear Mr. Adae: In accordance with our telephone conversation today between you, myself and Mr. Milton Robbins of the City Attorney's office, I enclose herewith two copies of the Peoples Gas System Franchise with the City of Miami Beach. I wish to point out to you that Section 5 of this Franchise contains the conditions which we require to be included in the Surety Bond. Inasmuch as the Franchise came into existance on December 1, 1959, it is requested that the Surety Bond also be dated as of December 1, 1959. It should be noted that a mere "Street Obstruction License Bond" is not sufficient to comply with the requirements of this Franchise. An additional copy of this letter is being submitted to you so that you might forward it to the Atlanta office for preparation of the Bond. RWLJ: ald Very truly yours, R. Wm. L. Johnson City Clerk ]Qp1es GAS SYSTEM SYSTEM HEADQUARTERS 564 N. E. 125TH STREET, NORTH MIAMI 61, FLORIDA December 18, 1959 Mr. R. Wm. L. Johnson City Clerk Miami Beach, Florida Dear Mr. Johnson: This is in response to your letter of December 17, 1959. Enclosed is our letter of acceptance of Franchise Order No. 1363. I apologize for not having forwarded this letter earlier. In the matter of the surety bond required by Section 5 of the Fran- chise Ordinance, we already have such a bond posted with the City. The bond was written in the Hartford Accident & Insurance Co. by Adae & Hooper Insurance Agency, 1500 Alton Road, Miami Beach, and should be on file in your office. Would you be good enough to furnish us with a certified copy of the City Council's resolution canvassing and approving the votes in the special referendum held on the Franchise Ordinance on December 1. Please accept our thanks for the cooperation of yourself and your very efficient staff in conducting the special election. Your bill for the costs thereof has been approved and sent through our accounting department for payment. JTB:am Enclosure cerely yours 44. John T. Bills, Vice President Corporate Relations - System "YOUR GAS UTILITY - FLORIDA'S LARGEST" Peoples GAs sYs7rEivr SYSTEM HEADQUARTERS • 564 N. E. 125TH STREET, NORTH MIAMI 61. FLORIDA This communication Received in City Clerk's office on Monday, December 21, 1959 Mr. R. Wm. L. Johnson City Clerk Miami Beach, Florida Dear Mr, Johnson: September 10, 1959 As required by Section 20 of Ordinance No. 1363 passed and adopted on September 2nd, 1959, Peoples Gas System hereby accepts the thirty year franchise granted therein. Since the franchise is subject to referendum of the voters of Miami Beach and City Council has ordered a special election for the refer- endum on December 1, 1959, it is understood that the effective date of the franchise will be December 1, 1959, provided it receives a majority of the votes cast. I would appreciate it if you would convey to Mayor D. Lee Powell and all other members of the Council, City Manager Morris Lipp and City Attorneys Joseph Wanick and Ben Sheppard our sincere thanks for ad- option of the ordinance and for their consideration and many kindnesses during the negotiations that preceded adoption. Sincerely yours OPLES GAS SYSTE JTB:am By: John T. Bills, Vice President Corporate Relations - System YOUR GAS UTILITY - FLORIDA'S LARGEST' XO9 'O 'd w '< Pctclct, • N o ti 0 aC P 0 'DNI 'W31SAS SVO S3ldO3d Il December 17, 1959 Mr. John T. Bills, Vice President Peoples,,, Gas System, Inc. 564 N. E. 125th Street North Mimi, Florida Dear Mr. Bills: Your attention is respectfully called to Section 20 of the franchise recently granted you by Ordinance No. 1363, reading as follows: "The grantee shall file its written acceptance of this franchise with the City Clerk of the City of Miami Beach, Florida, within thirty days after it shall have been duly passed, and approved by the Mayor of the City of Miami Beach." We have not received this acceptance and shall appreciate your forwarding it without delay. We wish also to call to your attention the necessity for depositing with the City Clerk a surety bond in the penal sum of Ten Thousand Dollars ($10,000.00), pursuant to the provisions of Section 5 of the franchise, which reads: "The Grantee shall defend and indemnify the City of Miami Leach against all suits and pay all judgments against the City because of any liability, loss, cost, damage or expense which may accrue against the City, by reason of the neglect, default or misconduct of the grantee, whether of omission or commission, in connection with the exercise of its rights hereunder, including the construction, operation or maintenance of the grantee's gas system, gas mains, supply pipes and appurtenances, and the City shall in no way be liable therefor. For the purpose of guaranteeing to the City the observance of this undertaking, Mr. John T. Bills, Vice President December 17, 1959 - 2 - "the grantee shall at all times, during the exercise of the grantee's rights under this ordinance, have deposited with the City Clerk of the said City, a surety bond in the penal sum of Ten Thousand Dollars ($10,000.00), to be executed by the grantee and such surety company as shall be approved by the City Attorney, conditioned for the faithful observance by the grantee of this undertaking." This bond should be deposited immediately, inasmuch as the franchise went into effect on December 1st. Yours very truly, R. Wm. L. Johnson City Clerk RWLJ/p Copy of Franchise Ordinance No. 1363 enclosed OFFICE OF THE CITY ATTORNEY DATk12/11/59 To: Mx. R. Wra. L. Johnson, City Clerk FROM: Joseph A. Wanick, City Attorney Re: Gab Franchise and Bond If you have in your file a written acceptance of the new gas company franchise in conformance with Section 20 of Ordinance No. 1363, we can now be in a position to release the bonding company from the bond filed with us in 1947. We have had numerous requests to release the bonding company but I did not advise such release until the franchise had terminated or until we had received legal proof of the change of name of the principal. Now, therefore, I suggest that ycu write a letter to Adae and Hooper, as agents for Hartford Accident and Indemnity Company, the surety on the attached bond, containing in substance the following: "Inasmuch as the franchise referred to in your bond for Peoples Water and Gas Company, which bond is dated Janu- ary 1, 1947, has been terminated and a new franchise has been granted to Peoples Gas System, Inc. effective De- cember 1, 1959, we hereby release the principal and surety on the bond dated January 1, 1947 from all liability incurred on and after December 1, 1959. CITY OF MIAMI BEACH By R. Wm. L. Johnson City Clerk" I call your attention to Section 5 of the franchise ordinance and suggest that if you have not as yet done so, to call to the attention of the gas company the fact that a new franchise is now in effect which requires, among other things, the furnishing Mr. R. Wm. L. Johnson -2- December 11, 1959 of a $10,000.00 surety bond on conformance with Section 5. The attention of the gas company, as well as the surety company, should be called to the fact that this new bond is not merely street and sidewalk repair bond but also contains as its requirement indemnification and defense of the City against claims and suits submitted as part of the bond. I return to you herewith the 1947 bond which may be released at this time. MR:meb enc. /16e -o aztit,e-P . J. C. HULLEIT WILSON C. JAINSEN CHAIRMAN OF FINANCE COMMITTEE PRESIDENT HARTFORD ACCIDENT AND INDEMNITY COMPANY HOME OFFICE -HARTFORD IS. CONNECTICUT ADAE & HOOPER, GENERAL AGENTS TELEPHONE: JE 8-6364 1500 ALTON ROAD. P. O. BOX 777. MIAMI BEACH 39, FLORIDA September 17th, 1958 City of Miami Beach, City Clerk's Office Miami Beach, Florida Re: PEOPLES WATER & GAS COMPANY North Miami,Florida Hartford Bond No. 2305282 Gentlemen: Att: Mr. Milton Robbins, Ass't. City Attorney You now have the above Street Obstruction License Bond on file. On July 17th, 1958, the above principal had a change of name t o : "PEOPLES GAS SYSTEM, INC." Due to this change in name, it is necessary to cancel the above Bond and rewrite same. Accordingly, we are pleased to enclose Hartford Bond No. 3358190, in behalf of the Peoples Gas System, Inc., in the amount of $10,000.00. We are enclosing a Notice of Cancelation in connection with Bond No. 2305282. We would appreciate your signing and returning this Can- celation Notice as promptly as possible. Thanking you, we are Very t ly yours, ALAE. & HOOPER M: k enclosures CC: Miss Agnes Chandler, Bond De_ ., H.rtford A. & I. Co. YEAR IN AND YEAR OUT YOU'LL DO WELL WITH THE HARTFORD FIDELITY DEPARTMENT Hartford Accident and Indemnity Company HARTFORD, CONNECTICUT NOTICE OF CANCELATION To Hartford Accident and Indemnity Company Hartford 15, Connecticut Gentlemen: Notice is hereby given that the undersigned, CITY QF MIAMI BEACH, FLORIDA desires to cancel and does hereby cancel a certain STREET OBSTRUCTION LICENSE BOND ON BEHALF OF PEOPLES WATER AND GAS COMPANY, NORTH MSAMI, FLORIDA known as Home Office No. 2305282 , including riders or other supplementary instruments forming a part thereof, executed by the HARTFORD ACCIDENT AND INDEMNITY COMPANY (hereinafter referred to as the Underwriter) dated on or about the let day of JANUARY , 19 17 , such cancelation to be effective from and after 12 o'clock (noon) standard time of the 17th day of JULY , 19 5a, ef#eetive ffelx and af4er 1.3 e=eleok nom, standar t cif the day of , 19 , and in consideration of the waiver by the Underwriter of the premium on said bond from and after the date last mentioned, the undersigned does hereby release, exonerate and discharge the said Underwriter from liability for any and all acts of any kind or nature coming within the provisions of said bond committed or occurring after the date last mentioned. Signed at this day of 19 CITY OF NUM BEACH By (Title) Attest: HARTFORD ACCIDENT AND INDEMNITY COMPANY STATE OF FLORIDA JanE COUNTY HOME OFFICE -HARTFORD 15. CONNECTICUT BOND NO. 3358490 AMOUNT $10,000.00 STREhT OBSTRUCTION LICENSE BOND KNOW ALL MEN BY THESE PRESENTS: That, we, PEOPLES GAS SYSTEM, INC., OF NORTH MIAMI FLORIDA (hereinafter called the Principal), as Principal, and HARTFCR.D ACCIDENT AND INDEMNITY COMPANY, (hereinafter called the Surety) as Surety, are held and firmly bound unto the CITY OF MIAML BEACH, FLORIDA (herinafter somestimes called the Obligee), in the sum of TEN THOUSAND AND NO/1100 - ($10,00Oo00 ) lawful money of the United States of America, for the payment of which well and truly to be made, we bind ourselves, our successors and assigns, jointly and severally, firmly by these presents. SIGNED, SEALED WITH OUR SEALS AND DATED this 17th day of JULY , 19 58 WHEREAS, the Principal has heretofore been or is about to be granted a Franchise by the Obligee whereby the Principal is permitted, under certain conditions, to use the public streets and highways of CITY OF MIAMI BEACH, FLORIDA for laying and maintaing of its gas mains and appurtenances; and WHEREAS, the above bounden Principal obtains, from time to time, permits from the Obligee under and by virtue of the Franchise of the said CITY OF MIAMI BEACH, FLORIDA to use the public streets and highways of said CTTY OF MTAMT BEACH, FLORIDA for laying and maintaining its gas mains and appurtenances; and WHEREAS, under the terms of said franchise the Principal herein was required to give bond with sufficient surety conditioned as hereinafter set forth. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the Prin- O pal shall, without delay, restcre the surface of all streets, alleys and highways in said CITY , the surface of which shall have been removed by the Principal in laying or maintaining said gas mains, to as good condition as such streets alleys and highways were in at the time that the Principal made openings in the surface thereof, and if the said Principal shall well and truly indemnify and save harmless the said Obligee from any and all claims and demands by reason of any injuries or damages to persons or property arising as the result of any act of the Principal, then this obligation shall be void, otherwise to remain in full force and effect. SUBJECT, HOWEVER, to the following express conditions, which are conditions precedent to the execution hereof and to any right of recovery hereunder; A. That the Surety herein may be relieved from further liability hereunder upon such Surety giving at least a thirty (30) day written notice, sent by registered mail to the CITY MANAGER, CITY OF MIAMI BEACH, FLORIDA , and which notice shall state the time when this bond shall cease to be effective, which shall not be less than thirty (30) days from the receipt of such notice; and, thereupon, at the expiration of said thirty (30) days, the right on the part of the Principal herein further to prosecute and the work so commenced under said franchise shall cease until a similar bond, with sufficient surety to be approved by the Obligee, has been delivered as provided in said franchise. Form S-3231 Printed in U. S. A. Fidelityand Surety Department Hartford Accient and Indemnity Company -2- B. That in the event of any default on the part of the Principal which may be the subject of a claim hereunder, a written statement of such default shall be sent to the Surety by registered mail,at its home office in the City of Hartford, Connecticut, within thirty (30) days after the Obligee shall have learned of such default. Such statement need not be in any particular form and it shall be sufficent if it shall notify the Surety that an event has occurred which, in the opinion of the Obligee, causes liability to become fixed hereunder. WITNESSES: jG it,, �. As a PEOPLES GAS SYSTEM, INC. grit Principal Comptroller (Title) -e.OMt., HARTFCRUACCIDEN) - NINDEMN Y COMPANY �,e,? lC/?/ BY As to Sony Form S-3231- 2d Printed in U. S. A. NEY-IN-FACT (AGNES CHANDLER ) Resident Agent T,