Loading...
HomeMy WebLinkAbout02271931SPEC IAL MEAT ING Feb. 27th, 1931 Called by Mayor Geo. T. Badger f~r the purpose of accepting the temporary agreement wl~h~th~ Florida Power & Light Company for the discontinuance of all the street lights excepting 10. ROLL CALL: Mayor Geo. T. Badger W. A. Martin, President S. A. Park T. B. Hicks Clerk L.K. Nark Councilmen Baughman and ttard, ee were absent. Councilman Hicks Chairman of the Light Committee recommended that the City discontinue all of the street lights in the City except the following: 1. Riverside Drive and 9th Street 1 Riverside Drive and 1st Street 1. Riverside Drive and. Fellsmere Boulevard 1. South Central Avenue and Fellsmere Boulevard 1. North Central Ave and First Street 1. North Louisiana ~venue and Second Street lo Louisiana Avenue and Main Street 3. Whiteway on Main Street Councilman Park moved that the Council accept the recolmnendation of Co~nc~lmar~ Hicks, Chairman of the Light Co~n~ittee, which was seconded by 'Co~ncilma~ M~rtin and. carried by the £ollowir,~:~ vote. Ayes: Councilmen Park, Hicks and Martin. Nays: None. Upon Motion made by Councilman Hicks, seconded by Councilman Park, the following Resolution was drily passed and adopted: RESOLUTION NO. 103 APPROVING A PROPOSED Ali~DATORY AGRE~'~.iENT ~,~i1TH FLORIDA ]~'0V,[ER & LIGiTf i~i'{0VIDT'.~t~ FO7{ '~'il[!i D!~'~C£?TI'!'..~I)'~C..~; OF ADDITIONAL STREET LIGHTS IN ACCORDANCE WITH THE SUPPIIEMEN~_RY AGRE~IE~ BETWEEN THE CITY ~ND THE SAID COMPANY DATED THE 23RD ~AY OF DECE~IBER 1929, AND PROVIDING ?0NDITIONS RELATING TO 0?HI~ATION OF THz STREET LIGRTING SYSTEM IN THE CITY, AUTHORIZING AND DIRECTING THE MAYOR 'AND THE CITY CLERK OF AND ON BEHJ~LF OF TH.g CITY TO EXECUTE AND ENTER INT0 THE SAID AMEND&TORY AGREE~iENT WiTH FLORIDA POWER & LIGHT COMPANY. BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF SEBASTIAN, FLORIDA. 1. That that certain Amendatory ~greement hereinafter set forth in full in Section 2, hereof, be and the same is hereby approved as to form and substance. 2. That the Mayor and the City Clerk of and on BehAlf of the City, be and they are hereby authorized and directed to execute and enter into with Florida Power & Light Company the Amendatory Agreement approved in Section i hereof, and hereinafter set forth in form, words and figures, as follows: THIS AMEN~.TORY AGREEMENT, made this 27th day of February 1~1, by and between the CITY OF SEBASTIAN, FLORIDA, a municipal corporation o~ganized and existing under the laws of the State of Florida (hereinafte~,''' called the Company). WHER£~S 'there is in effect between the City and the Company a municipal , street lighting agreement dated the 1st day of December 1928, ~overing the supply and purchase of "all electric energy ~md services necessary for the operation of the street lighting system within the corporate limits of the City of Sebastian, Florida which is now or may hereafter be installed, the minimum requirements for which shall at all times equal that of the present installation as set forth under Section I of Article 3 hereof, plus that of all additional installations made by the Company under article i of this agreement, and '~VH.~ ~J~;Ao °, at the request of the City and in pursuance of a supplementary Agreement now in effect between the City and the Company and dated the 23rd day .:.. of December 1929, the Company discontinued temporarily the operation of elevCn (ll) 100 candlspower Overhead Bracket Type street li~h'ts owned by the Company and five(5) 250 candlepower "White Way street lights owned by the Com~.~ny, and WHERE~:~S the City, to obtain additional relief from some of its financial , burdens has requested the Core,ny to discontinue tem:~orarily, in addition to the lights already discontinued, seventeen(17) 100 candlepower overhead Bracket Ty~e street lights owned by the Coml~any, and Continuation of Special, Meeting Held February 27th, 1931 WHEREAS, the Company is willing to comply with the City's request by means of Amendment of the said SUPPLEMENATARY Agreement, all as provided herein. NOW, THEREFORE, WITNESSETH: TWhat for and in consideration of the sum of One Dollar(1.00) paid by the City to the Company and of the covenants and agreements herein set forth, the parties hereto covenant and agree as follows: 1. That Section 1 of the Supplementary Agreement now in effect between the City and the Company and dated the 23rd day of Dee.ember 1929, be and the same is hereby Amended to read as follows: That as of the 1st day of November 1929, the Company will discontinue temporarily the operation of Eleven (lI) one hundred (100) candlepower, Overhead Bracket Type St~'eet lights, and Five (5I two hundred fifty (2§0) candlepower "whiteway" street lights, the. locations of which have been or, may be designated by the City or its authorized representative, now being operated under the Municipal Street Lighting Agreement now in effect between .the City and the Company and dated the 1st day of December I928, and will not bill the City for the operation of the same under the said Street Lighting Agreement dated the 1st day of December 1928, while the operation thereof is discontinued temp~rarily under this Supplementary. Agreement. That on the 1st day of March 1931, the Company will, in addition to the street lights described above in this Sectionl, discontinue ~tempora ily the operation of seventeen (17) one hundred (100) candlepower Overhead Bracket Type street lights owned by the Company upon conditions exactly similar to those pertaining to the street lights above described in this Section 1." ~. That the Company shall not be required to install any additional street lights in the City while any of the street lights described in Section i hereof ~emain discontinued as provided in this Amendatory Agreement or in the said supplementary Agreement dated the 23rd day of December 1929. 3. That sould the City fail at any time or from t~me to time to pay for the electric energy and service furnished by the Company under the said Municipal Street Lighting Agreement dated the 1st day-of .December 1928, or otherwise fail to perform any of the terms and conditions of the said Municipal Street Lighting Agreement or of the said Supplementary Agreement, the Company, at its options, may cease to supply electric energy and service to the City until the City has made such payments or otherwise fully compiled with all of the terms and conditions of the said Municipal Street Lighting Agreement and of said Supplementary Agreement, it being understood and agreed, however, that such discontinuance of the supply of electric energy and service shall not cancel or modify any of the terms and co conditions of the said Municipal Street Lighting Agreement, the said Supplementary Agreement or of this Amendatory Agreement. 4. That the City will pay to the Company, in order partially to defray the carrying charges of the Company upon its investment in the street lighting equipment temporarily discontinued under the s~id SuPplementary Agreement, the sum of One Dollar(l.00) on the 1st day of each n~.onth d.uring~ such period of time as any or all of ~he said. street lights remain so temporarily discontinued. 5. That nothing herein contained, shal~ be deemed to waive, suspend or abrogate a~y of the teens or provisions o2 the said ~.lunicipal Street Lighting Agreement or of the said Supplementary Agreement except as herein provided, andthe said Supplementary Agreement shall remain in full force and effect except as herein provided. 6. That this Amendatory Agreement shall insure to the benefit of and shall be binding upon the successors of the City and the successors and assigns of the Company. iN WITkrESS WH~REOF, the parties hereto have caused this instrument to be signed in duplicate b-~y their duly authorized officers and their official seals to be hereunto affixed the day and year first above written. Witness for City: CITY OF SEBASTIAN, FLORIDA. Mayor At~est: C'i t~y Clerk Witness for Company: FLORIDA POWER & LIGHT C0~PANY P~eside~nt and General Manager Attest: Assistant Secretary Continuation of Special Meeting February 27th, 1931. MOTION: made by Councilman Park, seconded by Councilman Hicks, that Council adjourn. Moti on carrie d. REGULAR MEETING March 9th, 1931 Roll Call: Mayor Councilmen Clerk Geo. T. Badger W. A. Martin, President S. A. Park T. B. Hicks L. K. Park--absent Attorney James T. Vocelle Councilmen R. G. Hardee aud L. 0. Baughman--absent Messrs Fleming and Snow attorneys of Cocoa, Florida representing the Bondholders of the City of Sebastian, Street and Sidewalk bonds appeared before the Council and discussed the situation an possible plan for re- financing the past due and future payments. A tentative proposition subject to approval was outlined as follows: a refunding issue for a period of 3 years at 3 percent interest and no inter~st to be paid for the first 5 years. After that the principle payments to begin. Attorney Vocelle was directed to have a proposition outlined in detail to be submitted to the Council at the next Regular meeting. MOTION: made by Councilman Park, seconded by Councilman Hicks, that Council adjourn. Mot ion carried.