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.
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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
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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
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Pctclct,
•
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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,