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.
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