HomeMy WebLinkAbout03071938Regular Meeting March 1, 1938
Meeting was called to order ~ with the following members present: Mayor Badger,
Councllmen:Baughman and Brown.
Upon motion meeting was adjourned to March 5, 1938 at 1.30 p.m.
Chairman ~ Clerk
&dJourned regular Meeting March 5, 1938
Meeting was called to order by Chairm~n with t~e following members present:
Mayor Badger, Councilmen:Baugkman, Vickers, Murdoch, Brown.
Motion made and duly seconded that meeting adjourn to Monday March 7, 1938 at
7.30 p.m.. Motion carried.
Chairman
Clerk
Adjourned regular meeting March 7, '1938.
Meeting was called to order the roll was called with the following members present:
Mayor Badger, Councilmen: Baughman, Vigkers, Murdoch, Brown. ~tty Vocelle.
Minutes of regular meeting of Feb. 1, were read and adopted.
Councilman Vlckers made a motion that the ~yor and City Clark be authorized to
execute a new street lighting agreement with the Florida Power and Light Co.
Motion seconded and carried.
The Following resolution was introduced by Councilman MurdOch: who moved its adoption;
~c~r,~$~., l!J Resolution I '~ 3-
Where as, Women's Benefit ~ssociation, a corporation of the state of Michigan, has
heretofore obtained a judgment against the City of Sebastian, in the principal sum
of $4660.00, to.~ether with costs and interest thereon, the total amount of which
to the present time is $5008.54, and
~eas* an execution issued on said Judgment has been levied upon certain property
belonging to the City of Sebastian, and
Whereas, it is probable that unless something is done in connection therewith the
property so levied upon will be bid in for a small amount by the plaintiff in said
execution, and other properties of the city will be levied upon and sold, and
Whereas, the City of Sebastian, Florida,. is the owner of the following described
property situated in the City of Sebastian, Indian River CoUnty, Florida:
Beginning at a point 2.52 chains south of the Northwest angle of Government lot 4,
Section 6, Township 31 South, Range 39 Eas~, Run East 260 f~et, thence South 7.72
chains thence West 260 feet, thence North to point of beginning;
Excepting therefrom the follo~ving descriDed trac~s:
Ben, inning at apoint 389.8 feet South of N..W. corner of ~ov. lot 4, in Sec!~ion
6, Township 31 South, ~Aange 39 East, in Indian River County,Florida, thence E. 50
feet for a point of beginning; from thence south ll9.21 feet; ~nd from thence E.50
~Teet; and from thence North to We~t Main street; and from thence ~est to point
of beginning; also
Beginning at a po~.nt which is 6~75.84 feet south ~nd 50 feet east of the northwest
corner of $overnment lot 4, in ~section 6, Tovmship 31 South, Mange 39 East; run
100 feet and from thence North 16§ feet and from thence West 199 feet and from
thence South 165 feet to point of beginning; liss 3 feet easement off the no~th
side for water main and 30 feet off the south side f~r street. ( End of exceptions)
Beginnin~ at a point 2.5~ chains South of the Northeast corner of lot 3, Section 6,
Township 31 South, Range 39 East, run South 7.72 chains, thence North 1.37 chains,
thence West to ~ownship line, thence North along ~wnship line 6.35 chains, thence
East to point of beginning.
The above described property has been subdivided into a subdivision known as
School Park Subdivision according to the plat of said subdivision prepared by
Elmer ~obb, Civil Ecgineer, on December 7,1936.
Begin at the SoUthwest corner .of land o~ned by T. B. Hicks in lot 1, Mection 6,
Township 3t South, Range 39 East, thence Southeasterly along the east side of old
Dixie Highway 700 feet more o~' less to the north side of 50 foot street; thence
northeasterly along north side of said street to Indian River; thence meandering
along said river in northwesterly direc$ion to southeast corner of said land
owned by T. B. Hicks, thence west with the said 'T. B. Hicks land 'to point of begi-nnin~
North 160 feet of the South 310.86 feet of lot 6, Section 6, Township 31 South
Range 39 East.
Beginning a~ a point which is 157.77 feet west of northeast corner of Gov't lot 4,
Sec. 6, T. Z1 ~. R. 39E., run thence West ( along the N. side of said Gov't lot 4 $
9~.3 feet; thence in a southerly direction parallel with the F. E. C. railroad
41.6 fe~ thence N. 83 degrees, 29 minutes, E. 89.94 feet; ( to the W. side of
Central .~ve.); thence N. 25 degrees 14 minutes .~. 30.3 feet to point of ~eginning.
47('
Beginning at a p61nt which is 157.77 feet west of the northeast corner of Govt. lot 4,
Section ~, township 31 south, range 39 east, running thence west (along the north side
of said Gov't lot) 34.38 feet; thence north 62 degrees 26 minutes east 31ol feet,
to the west side of Central Ave. thence along the west side of Ce~'~tral Xve.$ south
25 degrees 14 minutes ~ast 15.85 feet t~ the point of beginning.
Begin at a point which is ~orth eighty-three degrees two minutes west one hundred
two and two-tenths feet frown a nail in the root of a p~ne tree on Flemin~ Grant
Youth forty five de~rees East 1701.8 feet from the Limon ~treet corner by the
F. Eo ~ngler survey of March 1925, run thence South 83 degrees two minutes, W~-~st
298.5 feet to the east side of the old Dixie Highway, thence South 26 degrees
13 minutes East 325 feet along the East side of the 01d D~xie Highway, thence
49 degrees 33 minutes east 280 feet more of less, parallel with the south line of
the Futch property, to the west ll~'~e of Pace proPerty, thence North 23 degrees
33 minutes west 155 feet to point of beginning.
All that certain tract of land situated in ~ndian Miver County,2aate of Florida, in T.
30, 31, Ranges 37, 38 and 39 E. known and described as a p~rtion .of semt~on 30 of
Fleming Gran~ land and more fully described on a cert~,~in map of Wnrregan plat on
on a saidFlemin~ Grant made by ~. B. Carter and filed in the land records of
Brevard County as being bound~d on the S.W~ by the N.E. boundary l~ne of the F. E. C.
Mailroad; bounded on the northeast by the north~.-esterly side of Lemon street;
bounded on the northeast 'by the northeasterly boundary line of the Fleming Orant
and ~y the Indian -~lver; and ~ounded on the S.E. by the land of E. K~.thhing, as
shown on said map and also by ~h~ Indian ~iver, such plot ~o include the area of
the streets and highw~ys ~'~s shown on the map, tho area of the plot comprisi, n~
seventy six and seven tenths ~cres, more of lesh, except the ~'ollowin~:
Ocean Breeze Heights m~ubdivision filed Jan.23~ 1926, on pp 44 of pl~t book l,
in Indian River County; also ~rickers cemetery; and begin at apoint ~hich is
North 83 degrees 2 minutes west, 102 2-10 feet from a nail in root of tall pine
on Fleming Grant line C. saud nail being south 45 degrees east 1,?01 8~10 f~t
from the Lemon street corner by the F.E. Engler survey of M~rch 19SO, run thence
S. 83 degrees 2 minutes West 298 5-10 feet to the East side of the o1~ Dixie
Highway;thence South 28 degrees 13 minutes e~st 325 feet along the '~ast side of the
old Dixie Highway, thence N. 49 degrees 33 minutes E. 280 feet more or less parallel
with the S. line of the Fu~h property to the west line of the Pace property, thence
north 23 degrees 53 minutes west 155 feet to point of beginning.
Lots 1 to 9 inc., Block 1, 'Edgewater Park Subdivision;
Lots i to 5 inc., Block 13, Edgewater Park Subdivision;
Lots 3 to 6 inc., Block 1, Hardee "B" Subdivision;
Lots I to 7, inc., Block 2, Hardee '~" Subdivision;
Lots 1 to 4 inc., Block 4,Marl~ns Subdivision;
Lot 7 Hicks Subdivision;
Lots 1 to 9 inc., with riparian rights, Braddock's Subdivision.
~And also the following described property situated in Indian River County,
state of Florida:
SE~ of NW~ of Section 7, Twp. 31 S. Range 39 E.
NW¼ of NW¼ of Section 7, Twp. 31 S. Mange 39 E.
and
Whereas, George F. Viekers has offered to purchase all of the said above described
property from said City at and for the sum of $5100.00, and
Whereas, it appears to the City Council 6f the City of. Sebastian, Florida, that
..it is to the best interest of said city to accept said offer of George F, Vickers, in
that it is. the best offer that said City has had in cash for the sale of said property
and it eaables said Dity to have sufficient money with which to pay off and discharge
said above described Jud~ent, which is the only Judgment against said City, and there-
by liquidate said Jud~ent,as well as insure the sale of said property belon~ing to
said Cit~ at a price that will liquidate and satisfy said judgr~ent, now, therefore,
Be t ;qesolved bythe City Council of the ~ity of 2ebastian, Florida, th:~t said
offer of said George F. Vickers to purchase said hereinbefore described property ~t
and for the sum 6f $5100.00 cash be, and the same is, hereby accepted, and the Mayor
and City Clerk of said City be, and thet are, hereby authorized a~d. e~.~o~ered in the
name of and on behalf of said City, and under its corporate:.seal,to execute a special
wJrranty deed conveyinE title to said hereinbefore described property to said, George
F. Vickers, subject to all existing taxes a~ainst the same, and ~pon receipt of said
sum of $5100.00 from said George F, Vickers to deliver said deed to the said George
F. 'Vickers;
Be It Further Mesolve~ that out of the proceeds arising from the sale of said
hereinbefore described property that the City Clerk of said City be, and he is,
hereby directed to pay off and discharge the ~.Judgment,-~ Hereinbefore described held
by Women,s Benefit ~ssociation against said City and to receive and have recorded a
satisfaction and release of said Judgment.
The foregoing resolution was duly seconded and upon being put to a vote was :~P~ed
as follows: Ayes: Baughman, Murdoch, Brown. Nays: None.
Councilman E. W. Vickers not voting.
Councilman Murdoch i'~'loved to adjurn Motion seconded and carried.
C ha irman
Clerk
Regular meeting April 5, 1938
Being no quorem present upon motion ~ouncll adjourned.
Clerk
Regular meeting ~y 3, 1938.
Meeting adjourned for lack of a quorem.
Clerk
Special Meetin May 5, 1938
Sebastian, Fla.
May 5, 1938
City Councilmen of Sebastian, Fla.
Gentlemen:
I hereby call a special meeting of yo~r honorable body to meet May §, 1938
at 8:00 o'clock i.M. for the purpose of passing resolution regarding street lighting.
Yours truly,
(signed) Geo.T. Badger.(Mayor)
Meeting was called to order by Chairman the roll called with the following members
present: Mayor Badger, Councilmen: Baugbman, Brown, Murdoch.
Upon motion made by Councilman Murdoch, and seconded by Councilman Brown, the
following resolution was duly passed and adopted:
Resolution · I'~ (~
APPROVING A P~0POSED LETTE~ AGRE.-.~k~vP ~ITH FLORIDA POWER & LIGHT C0~.~P~A~ PROVIDING
FOR THE RESTORATION 0F CmRTA!N 0HB T~E AND VJ~G T~E C0~.~PAS~ 0~NED ~:,TRE~ LI
AND PROVIDING FOR THE $~STIT~ION IN THAT CERTAIN 5~NICiPAL STRE~ET LIG~ING
AGR~.mMEA~ BETS~EEN THE CITY AND SAID COMP~, ~ATED THE IST DAY 0F DECAYER,1928,
0F NEW .~TRmmT LIGHTING RATE SCHED~ES FOR THE STM7~].~ LIGHTT~.~G RATE SCHEDULES NOW
A PART 0F THE SAID ETRE~ LIC.~!NG AGREEME~; ~WD PROV!DT~G FOR TME C~CELLATION
AND TE~IN~%TiON 0F THE iRMANG'EME~ P~TAINING T0 ADDIT~0N~L ~TRs~T LI~}'~TNG ~T N0
ADDIT!0N~L COST T0 THE C~Y,C0~AINED IN THE L~T P.~AG~APH 0F PAG~ TW0(2) 0F TH.~T
CERTAIN LsTT.~R aGREEM.E~ DATED DECE}:~fBER17, 1934; ~D S~TING 0~ THE TERMS AND
CONDITIONS UNDER ~ICH THE FOREGOING SHALL BE EFFECTED; A~HORIZING ~ND DIRECTING
THE MAYOR AND T}~ C~Y CLERK 0F ~ND 0N BEHALF 0F THE CiTY 0F SEBioTI~,:FLORID~,
T0 ~C~ AND ~E? I~0 THE SAID PROPOSED LETTER kC~E~k.~ WITtt FLORIDA P0~ER &
LIGHT C 0~.~PA5~.
B.E IT RaSOLVzD BY THE CITY COUNCIL 0F T}{E CITY 0F ~EB~{ETIAN, FLORTD ·
1. That the proposed .Letter Agreement between the City a~d Florida Pwer & Light
Company, which is hereinafter set forbh in fDrm in section 2 hereof, be and the
same ls hereby approved as to form and substance.
2. That the ~ayor and the City Clork of and on behalf of the City of Sebastina,
Florida, be and they are hereby authorized and directed to execute and enter ln~o
with Florida Power & Light Company the proposed ~et~er Agreement approved In section
1 hereof and hereinafter set forth in fo~ as follows:
City of Sebastian
Sebastian
Flor i da
Gent lemen:
This relates to that certain ~,.~uniclpal Street Lighting .:lgreement, dated
the 1st day of December,1933, now in effect Oetween us, and ~o all supplimentary
and supplementary and supplemental agreements thereto, including that certain
Supplemental letter agreement dated December 13,1934.
~*~e hereby agree, mt your request, that as of the .... day of , 1938, ~o restore
.... 100 CP 0HB Type company owned ~A street lights and -250 CP ~G Type
Company owned ANA s~ree~ lights, and thereafter, we will ~1 you for the street
lights restored to service i? accordance with the terms of this paragraph and you
will pay us in accordance with the terms and provisions of the said ~.funicipal
Street Ltghtlng Agreement.
In view of ~he fact we have made effective in the City.of Sebastian the attached
new street lighting rate schedules, numbered S-1 and ~-2, we hereby agre, at your
recues~, t~t as of the day of , 1938, the s~id new stree~ light-
ing rate schedules shall be ~de a ~ of the said Municipal 2treet Li~ting
kgre~en~ and substituted for and lieu of the street lighting rate schedules now
a part of %he said kunicipal 0tree ~ighting :Agreement, in the following ~nner: