RESOLUTION 90-20076 RESOLUTION NO. 90-20076
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, DETERMINING IT TO BE
IN THE PUBLIC INTEREST OF THE CITY OF MIAMI
BEACH TO REQUIRE PEOPLES GAS SYSTEM, INC. TO
RELOCATE THE GAS LINE UTILITIES LOCATED IN A
20 FOOT ROADWAY LOCATED BETWEEN 3RD AND 4TH
STREETS, IN BLOCK 10 0, OCEAN BEACH ADDITION NO.
3, AS RECORDED IN PLAT BOOK 2, PAGE 81 OF THE
PUBLIC RECORDS OF DADE COUNTY, FLORIDA.
WHEREAS, the City Commission previously approved the expansion
and re-opening of the South Pointe Elementary School ; and
WHEREAS, the City of Miami Beach has invested in excess of
$500, 000 of public funds for the acquisition of properties
necessary to assemble the South Pointe Elementary School site for
construction of a new school building; and
WHEREAS, pursuant to Resolution 89-19621 ,the City vacated the
following described roadway:
THE TWENTY (20) FOOT ROADWAY BETWEEN 3RD AND
4TH STREETS LOCATED IN BLOCK 100, OCEAN BEACH
ADDITION NO. 3 , AS RECORDED IN PLAT BOOK 2,
PAGE 81, OF THE PUBLIC RECORDS OF DADE COUNTY,
FLORIDA; and
WHEREAS, lying within the above-described property, there is
a gas line owned by Peoples Gas System, Inc. which cannot be
abandoned and must be relocated into other existing rights-of-way;
and
WHEREAS, it is in the public interest of the City of Miami
Beach to have the South Pointe Elementary School project completed
on a timely basis; and
WHEREAS, Ordinance No. 90-2679, the twenty-year franchise
which the City of Miami Beach granted to Peoples Gas System, Inc.,
provides in Section 12 (h) thereof as follows:
Whenever the City shall determine through its
City Commission that the public interest
requires facilities of Grantee to be
reconstructed, relocated, altered or
discontinued at Grantee' s expense, it shall be
the obligation of the Grantee within thirty
(3 0) days after receipt of written notice of
such requirement from the City Public Works
Director, or within such other longer time
period which is acceptable to the City to
comply with such City determination.
1
WHEREAS, the City Commission has found and determined that it
is in the public interest of the City of Miami Beach to require that
Peoples Gas Systems, Inc. relocate the above described gas line at
the expense of Peoples Gas System, Inc.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that
1. The City Commission hereby finds and determines that it
is in the public interest of the City of Miami Beach to require
Peoples Gas System, Inc. to relocate the gas line currently located
in the following described roadway at the sole expense of Peoples
Gas System, Inc:
THE TWENTY (20) FOOT ROADWAY BETWEEN 3RD AND
4TH STREETS LOCATED IN BLOCK 100, OCEAN BEACH
ADDITION NO. 3 , AS RECORDED IN PLAT BOOK 2 ,
PAGE 81, OF THE PUBLIC RECORDS OF DADE COUNTY,
FLORIDA.
2 . The City' s Public Works Director is hereby instructed to
provide Peoples Gas System, Inc. written notice of this relocation
requirement and Peoples Gas System, Inc. shall, within 30 days
after receiving said notice, accomplish the relocation.
PASSED and ADOPTED this 5th day of September, 1990 .
/% ;-°° 4
AYOR
ATTEST: FORM APPROVED
LEGAL DEPT.
CITY CLERK
PNB/lm Dia
2
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
DEPARTMENT OF PUBLIC WORKS
September 6, 1990
Mr. Francis J. Sivard
Vice President-Accounting
Peoples Gas System, Inc.
P.O. Box 2562
Tampa, Florida 33601-2562
SUBJECT: RELOCATION OF GAS LINE BETWEEN
THIRD AND FOURTH STREETS IN THE
ROADWAY (AlLEYWAY) AT THE SOUTH
POINTE ELEMENTARY SCHOOL SITE
Dear Mr. Sivard:
Enclosed please find a certified copy of Resolution No.90-20076 which the
City Commission passed on September 5, 1990 requiring Peoples Gas System
to relocate at its expense the gas line located in the 20 foot roadway located
between 3rd and 4th Streets, in Block 100, Ocean Beach Addition No. 3, at
the South Pointe Elementary School site.
This is to provide you with formal notice of your obligation under Section
12(h) of the Franchise to accomplish the above referred to relocation within
thirty days.
Very truly yours,
� v
Richard A. Gatti, P.E.
Direct of Public Works
RAG/b
cc: Patrick N. Brown, First Assistant City Attorney - Transactions
Rafael Perdomo, P.E., Division Gas Engineer, Peoples Gas System
Domingo Rodriguez, Assistant Public Works Director
James N. Sloto, Esquire, Mishan, Sloto, Hoffman, Greenberg
Certified Mail - Return Receipt Requested
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• CITY HALL
OFFICE OF THE CITY MANAGER 1700 CONVENTION CENTER DRIVE
ROB W.PARKINS TELEPHONES 673-7010
CITY MANAGER
COMMISSION MEMORANDUM NO.
41340
Sept. 5, 1990
DATE:
f
TO: Mayor Alex Dao and
Members of City Comm - io-
•�r
FROM: Rob W. Park' �/40
City Manager fl%'
SUBJECT: A
RESOLUT •N REQUIRING PEOPLES GAS SYSTEM,
INC
TO RELOCATE AN EXISTING GAS MAIN FROM THE
ALLEY WEST OF MICHIGAN AVENUE BETWEEN THIRD
AND FOURTH STREETS IN THE AREA OF SOUTH POINTE
ELEMENTARY SCHOOL CONSTRUCTION
The Peoples Gas System,
Inc. has an existing gas line in the twenty
foot alley recently vacatedby
Commission action to allow for
construction of the South Pointe Elementary School .
0-2679 the Peoples Gas System intwenty year
Ordinance No. 9 � to declare the public
franchise, calls for the City Commission
interestfranchisee relocate at his expense his facilities
that the
from the vacated premises.
ADMINISTRATION RECOMMENDATION:
The Administration recommends that the Commission execute the
attached Resolution.
RWP/RAG/DR/b
49
AGENDA C
ITEM
DATE
ORIGINAL
RESOLUTION NO. 90-20076
Determining it to be in the public
interest of the City of Miami Beach to
require Peoples Gas System, Inc. to
relocate the gas line utilities located
in a 20 foot roadway located between 3rd
and 4th Streets, in Block 100, Ocean
Beach Addition No. 3, as recorded in Plat
Book 2, Page 81 of the Public Records of
Dade County, Florida.