A resolution of the City of Palm Bay, Brevard County, Florida, Rescinding Resolution No. 97-04 and Substituting in Its Place a New Resolution Approving the Transfer of Horizon Gas of Palm Bay, Inc. Franchise to Heritage Operating Limited Partnership, a Delaware Limited Partnership, Pursuant to the Liquefied Petroleum Gas Franchise of the City of Palm Bay, Florida; Providing for an Effective Date.
WHEREAS, the City of Palm Bay, Florida (the "City"), by Ordinance No. 94-42, granted a liquefied petroleum gas franchise (the "Franchise") to Horizon Gas of Palm Bay, Inc., and
WHEREAS, pursuant to the Franchise, the transfer of the rights under the Franchise requires approval by the City, and
WHEREAS, the City is aware there is no default on the part of Horizon Gas with respect to the Franchise and desires to grant its approval of the transfer of the Franchise or rights thereunder to Heritage Operating Limited Partnership, and
WHEREAS, the sale of the assets of Horizon Gas will not have a negative effect on the services provided to the Palm Bay customers of the Franchisee.
Now, therefore, be it resolved by the City Council of the City of Palm Bay, Brevard County, Florida, as follows:
SECTION 1. The above recitals are true and correct and by this reference are hereby incorporated into and made an integral part of this resolution as though fully set forth herein.
SECTION 2. The City Council of the City of Palm Bay hereby acknowledges that as of the date hereof, the Franchise is in full force and effect, and effective upon the transfer will be held and owned by Heritage Operating Limited Partnership, an affiliated entity of Heritage Propane Partners L.P., a publicly traded Delaware limited partnership, and the rights and privileges granted thereunder inure to the benefit of Heritage Operating Limited Partnership, its successors and assigns.
SECTION 3. The City Council hereby approves the transfer of the Franchise or rights thereunder to Heritage Operating Limited Partnership effective upon the consummation of the sale of the assets by Horizon Gas of Palm Bay, Inc. to Heritage Operating Limited Partnership and subject to Heritage Operating Limited Partnership providing the City with a current certified financial statement prepared by a certified public accountant licensed to do business within the State of Florida.
SECTION 4. In the event the sale of assets is not effected, for any reason, the terms and conditions of the Franchise shall remain in full force and effect as to the franchise with Horizon Gas of Palm Bay, Inc.
SECTION 5. This resolution shall take effect immediately upon its adoption.
This resolution was duly passed and adopted at Meeting No. 97-03 of the City Council of the City of Palm Bay, Brevard County, Florida, on the 6th day of February, 1997.
(Res. 97-04, passed 2-6-97)