AGENDA MEMORANDUM

 

 

Meeting Date:           May 9, 2011

 

From:                          Harmon Bynum, Gas Engineer

 

Subject:                      Resolution authorizing execution of the Third Amended and Restated Interlocal Agreement to be executed among the members of Florida Gas Utility

 

 

Staff Recommendation:

Staff recommends approval of the Third Amended and Restated Interlocal Agreement to be executed among the members of Florida Gas Utility.

 

Analysis:

FGU’s Board of Directors, of which the City of Leesburg is represented as a Director, unanimously approved changes to FGU’s Bylaws and Interlocal Agreement at its March 25, 2011 meeting.  In order for these changes to become effective, each and every member of FGU must provide a fully executed copy of the Third Amended and Restated Interlocal Agreement before the FGU Annual Board of Directors meeting scheduled for June 10, 2011.

 

The amendment to the interlocal agreement clarifies certain provisions and provides conformity with updated and amended FGU Bylaws.  Changes include updating the membership of FGU, new weighted voting rules, Executive Committee changes, and the creation of the office of Chief Financial Officer.  A summary of bylaw and interlocal agreement amendments is attached.

 

Options:

1.  Adopt the resolution as presented; or

2.  Such alternative action as the Commission may deem appropriate

 

Fiscal Impact

No fiscal impact to the City of Leesburg.

 

Submission Date and Time:    5/6/2011 3:38 PM____

Department: ___Gas

___________________

Prepared by:  _Harmon Bynum_________                     

Attachments:         Yes__x__   No ______

Advertised:   ____Not Required __x____                     

Dates:   __________________________                     

Attorney Review :       Yes_x__  No ____

                                                

_________________________________           

Revised 6/10/04

 

Reviewed by: Dept. Head ________

 

Finance  Dept. ______JB__________                                     

                              

Deputy C.M. ___________________                                                                         

Submitted by:

City Manager ___________________

 

Account No. _________________

 

Project No. ___________________

 

WF No. ______________________

 

Budget  ______________________

 

Available _____________________


RESOLUTION NO. ________

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LEESBURG, FLORIDA, APPROVING AND AUTHORIZING THE EXECUTION OF THE THIRD AMENDED AND RESTATED INTERLOCAL AGREEMENT TO BE EXECUTED AMONG THE MEMBERS OF FLORIDA GAS UTILITY; PROVIDING CERTAIN AUTHORIZATIONS; PROVIDING CERTAIN OTHER DETAILS WITH RESPECT THERETO; AND PROVIDING AN EFFECTIVE DATE

WHEREAS, the City of Leesburg, Florida, has entered into an Interlocal Agreement dated September 1, 1989, as amended on June 1, 1992 and restated by the Second Amended and Restated Interlocal Agreement dated July 27, 1999 (the “Interlocal Agreement”), with other member cities, authorities and public agency (“Members”) for the purpose of organizing Florida Gas Utility (“FGU”) as a public body corporate and politic, whose address is 4619 NW 53rd Avenue, Gainesville, Florida 32653, for the purchase of natural gas and the performance of other activities,; and

WHEREAS, the City has participated with FGU and the other Members with respect to the organization of FGU under the Florida Interlocal Corporation Act, Section 163.01, Florida Statutes, and the adoption of its policies and procedures, pursuant to which the City and the other Members are bound; and

WHEREAS, FGU has been duly organized pursuant to the Interlocal Agreement and has approved and provided its Members a Third Amended and Restated Interlocal Agreement in the form attached hereto as Exhibit A as it may be modified or amended as provided herein (the “Third Amended and Restated Interlocal Agreement”) for consideration and execution among its Members, to be its governing document; and

WHEREAS, the Board of FGU, by resolution unanimously adopted at a meeting duly called and held on March 25, 2011, and at which Members holding 70% of the weighted voting rights were present and voting throughout, approved the form of the Third Amended and Restated Interlocal Agreement, subject to the execution thereof by all Members of FGU and the filing thereof with the Clerk of the Circuit Court of Alachua County, Florida;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF LEESBURG, FLORIDA, that:

Section 1.  Authority.  This Resolution is adopted pursuant to the Constitution and laws of the State of Florida, including, particularly, Section 163.01, Florida Statutes, and Chapter 166, Florida Statutes.

Section 2.  Definitions.  Unless the context otherwise requires, all terms used herein in capitalized form shall have the same meanings ascribed to such terms in the Third Amended and Restated Interlocal Agreement.

Section 3.  Findings.  It is hereby ascertained, determined and declared that the City is authorized under the authority cited above to approve the form and authorize the execution and delivery of the Third Amended and Restated Interlocal Agreement in the manner herein provided.

Section 4.  Approval of Third Amended and Restated Interlocal Agreement.  The Third Amended and Restated Interlocal Agreement, in substantially the form attached hereto as Exhibit A, is hereby approved, subject to such changes, insertions and omissions and filling in of blanks therein as may be approved and made to such form of Third Amended and Restated Interlocal Agreement by the officers of the City designated below executing the same and upon execution by all Members (together or in counterparts), shall be filed in the public records as required by law. The Third Amended and Restated Interlocal Agreement shall be dated as of March 25, 2011, the date of approval thereof by the FGU Board, and shall become effective upon the due execution by all Members of FGU and the filing thereof with the Clerk of the Circuit Court of Alachua County, Florida.

Section 5.  Authorizations Concerning Third Amended and Restated Interlocal Agreement.

A.  The Mayor or Mayor Pro Tem of the City and the City Clerk or any Deputy City Clerk of the City shall be and are hereby authorized to execute the Third Amended and Restated Interlocal Agreement for and on behalf of the City pursuant to the terms hereof, in substantially the forms attached hereto as Exhibit A with such changes, insertions and omissions and filling in of blanks therein as the Mayor or Mayor Pro Tem may approve, such approval to be conclusively evidenced by the execution thereof.

B.         The Mayor or Mayor Pro Tem and City Clerk or any Deputy Clerk of the City, the Director of Finance of the City, and such other officers and employees of the City as may be designated by the Mayor or Mayor Pro Tem, including the representatives of the City on the Board of Directors or Executive Committee of FGU, are each designated as agents of the City in connection with the issuance and delivery of the Third Amended and Restated Interlocal Agreement and are authorized and empowered, collectively or individually, to take all action and steps and to execute all instruments, documents and contracts on behalf of the City that are necessary or desirable in connection with the execution and delivery thereof, and which are specifically authorized or are not inconsistent with the terms and provisions of this Resolution.

Section 6.  Repeal of Inconsistent Resolutions.  All resolutions or parts of resolutions in conflict herewith are hereby repealed.

Section 7.  Effective Date.  This Resolution shall become effective immediately upon its adoption.

This Resolution passed and adopted this _9th___ day of __May____, 2011.

CITY OF LEESBURG

ATTEST:

By                                                                   

______________________________                                    Mayor

City Clerk                                                       

Approved as to form and legality.

__________________________________

City Attorney

City of Leesburg, Florida