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Home My WebLink About12231929REGULAR MEETING 'December 23rd, 19~9 ROLL CALL: Mayor Councilmen Clerk at t orney Geo. T. Badger---absent R. G, Hardee---absent W. A, Martin--President S. A. Park T. B j Hick s E. W. Vick~rs Lenora K. Park James T. Vocelle The minutes of the regular meeting of November 25th, adjourned Regular meeting of December 6th and Regular meeting of December 9, were read and approved. CHAPTER NS. 61 An Ordinance fixing the amount of costs and fees to be assessed against persons arrested for any violation of the ordinances of the City of Seba s t lan. Was read for the first time in full. MOTION: made by CounciLman ~ickers, seconded 'by Councilman Park, that ordinance be read the second time by title only. Motion carried. MOTION: made by Councilman Hicks, seconded by Councilman Vickers, that ordinance be read the third time by title only and put upon its passage. Mot ion c ~r~i ed. ~-~-~,. ROLL CALL: AYES:Councilmen Park, Vickers, Hicks, Martin N~ye'~ :!~N~ne ~ CHAF~ER No. 62 An Ordinance providing for the examination and revision of the registration books of the City of Sebastian, Florida, by the City Council; prescribing the manner and method in which said books shall be revised; and for ot~r purposes: Was read for the first time in full. MOTION: made by Councilman Vickers, seconded by Counc~.lman Hicks, that ordinance be read theseUS)nd time by only.'~" ~ ,,~t ,': :!~.~ .i" ~,'~, Moti on carri ed. MOTIDN: made by Councilman Hicks, seconded by Councilman Vickers, that ordinance be read the third time by title only and put upon its passage. Motlon carried. Roll Call on Ordinance: Ayes: Gouncilmen Vickers, Park, Martin and Hicks. N~ys: None. Councllm~n Vickers, moved that the City Council accept Mr. Bakers offer to make an audit for the year of the City's books making a complete record on the books of all assessts and liabilities. Including a complete summary for each year of delinquent taxes by years, also to set up the accounts of the pa~lng and sidewalk assessments on the r~w books for the sum of $?5.00; which was seconded by Councilman Hicks, and carried. Continuation of Regular meeting of l~eeemb,er 23rd, 1929. Mr. E. Foster spoke to Chairman Martin in reference to having the. City return to him 40 foot strip of property along N. line of his property llne deeded zo the City for Street purposes. When this was recommended by Chairman Martin Councilman V. ickers suggested tlU~..t~_~a..ll of the propertie$_~(le~eded ~ the~Oity for Street pu~p~e~ a~n'd n'o~ used be ret~ak..t~ t~i~"-.oWners. T~his~W~ a~prov¢~ by the CounCil and attorney Vocelle was instructed to prepare Resolution accordingly. Councilman l~icks, moved that the City of Sebast lan retain Mr. James T. Vocelle as Attorney for the ensuing year. Same agreement as of the past year; which was seconded by Councilman Vickers and carried.. RESOLUTION 92. Upon motion made by'Councilman Park, seconded bY Councilman Vickers, the following resolution was duly passed and adopted: AUTHORIZING AND DIRECTING THE MAYOR AND THE CITY CL~.~RK OF AND ON Be~aHALF OF THE CITY OF SEBASTIAN, FLORIDA, TO EXECUTE AND E1WT.ER 1ET0 WiTH FLORIDA POWER & LIGHT COM~.'~NY .~ SUPPLh~ENT..¢RY kGREEMEN2 PR01~IDING FOR THE TEMPORARY DISCONTINU.kNCE OF CERTAIN STREET LIGttTS OWNED BY FLORIDA POW~ & LIGHT C0~LPANY, NOW BEING OPERATED UNDER THE MUNICIPAL STREET LIGHTING AGRE~,¢ENT BETWEf~I THE CITY AND FLORIDA POWER & LIGHT C0.~.~PkNY, DATED THE 1ST Di[Y OF DECM~IB~R 1925, ALL AS PROVIDED HEREIN. WHEREAS, there is in effect between the City and Florida Power & Light CompanE a municipal Street Lighting AgreeEent dated the 1st day of December 1928, covering the supply and purchase of "all electric energy and services necessary for the operation of the street ~ighting 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 WHEREkS, the City, to obtain relief from somo of its present financial burdens, has requested Florida Power & Light Company to discontinue temporarily, the operation of Eleven (ll) one hundred (100) candlepower, Overhead Bracket Type Street lights owned by Florida Power & Light Company, and Five (5) two hundred fifty (250) candle power, "white Way.',; street lights owned ~y Florida Power & Light Company, and WHEREAS, Florida Power & Light Company is ~illing to comply with the request of the City in accordance with the terms and provisions of the proposed Supplementapry~ Agreement which has theretofore been submitted to the City by Florida ower & Ligh.t Company, and WHEREAS, the. City Council has approved the said proposed Supplementary Agreement as to form and substance, and deems it to the best interest of the City that the same be executed, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TtiE CITY OF SEBaSTIAN', FLORIDA: That the Mayor and the City Clerk of and on behalf of the City of Sebastian, Florida, be and they hereby are ~nthorized to execute and enter into with Florida Power & Light Company a Supplementary Agreement providing for the temporary discontinuance of certain street lights within the corporate limits of the City of Sebastian_, Florida, now being ~perated under the Municipal Street Lighting Agreement between the City and Florida Power & Light Company and dated the 1st day of December 1928, the said · upplementary Agreement being hereinafter set forth in form, words and 2lgures as follows: Continuation of Regular meeting of December 23rd, 19S9. THIS SUPP~MENTARY AGREEMENT made this 23rd day of December 1929, by and between the CITY 0F S'EB~¥~TIAN, FLORIDA, a municipal corporation organized and existing under the laws of the State of Florida (hereinafter called the "City"), and FLORIDA POW?~R & LIGHT C0~ANY, a corporation organized and existing under the laws of the State of Florida (hereinafter called the "Compan~")~ WHJ~REAS, there is in effect between the City and the Company a municipal Street Lighting ~greement dated the 1st day of December 1928, covering the supply ~nd purchase of "all electric energy and services necessary for the operation of -the street 'lighting'system within the corporate limits of the City of Sebastian, F]~orida, which is no~ or may hereafter be installed, the ~inimum requirements for shich 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 WHEREAS, the City, to obtain relief from some of its present financial burdens, has requested the Company to discontinue temporarily the operation of Eleven (ll) one hundred (100) candlepower Overhead Bracket ~ype street lights owned by the Company and Five (5) two hundred fifty (250) candlepower "whiteway" street lights owned by the Company, and ~HEREAS, the Company is willing to comply with the City's request as provided in this agreement, NOW, THEREFORE, WITN ES SETH That fc~ and in consideration of the a~m of One Dollar ($1.00) paid by the City to the Coml~ay and of the covenants and agreements herein set forth, the parties hereto covenant and agree as follows: 1. That ms of the 1st day of November 1929, the Company will discontinue temporarily the operation of Eleven (ll) one hundred (100) candlepower, overhead Bracket Type Street Lights, and Five (5) two hundred fifty (250) candle power "white way" street lights, the. locations of which have been or may be designated by t he City or its authorized representative, now being operated unde~ the Municipal Street Lighting .~_~ree~nt now in effect between the City and the Company and dated the 1st day of December 1928, while the operation thereof is discontinued temporarily under this Supplementary Agreement. 2. That the Company will, at the request of the City, restore to service the street lights, or any number thereof discontinued, in accordance with this Supplementary Agreement,~and~:~hereafter the Company shall bill the City and the City will pay therefor as provided in the said Municipal Street Lighting .&greement dated the 1st day of December 1928. 3. The term of this Supplementary AgremnSnt shall extend from the 1st day of November 1929 to and shall terminate upon such time as, if and when, in accordance with the provisions h~reof, the number of street lights operated under the said street lighting Agreement dated the 1st day of December 1928, shall be increased to such an extent and/or the number .of street lights temporarily discontinued hereunder shall be restored to service, to such an extent that the moneys paid by the City to the Company for electric energy furnished under the said Street Lighting Agreement for any one ~ar hereafter sh~.~ll be not less than Two Thousand Forty-One and tqo~00. Dollars ~$21,~]41~00), which sum, it is agreed, is the amount of money payable over a yearly period by the City to the Company for Electric energy aud service under the said Street Lighting Agreement as of the 31st day of October 1929. 4. ~hat the term of the said Municipal Street Lighting ~greement dated the 1st day of December 1928, which, by its terms, is to expire on the 1st day of December 1958, unless extended as therein provided, is hereby extended for an additional period of one (1) year for each year or part of a year during ~hich this supplementary Agreement shall be in force and ef:['ect. Continuation of regu!?r meeting of December 23rd,-1929.. '.' That nothing in this Supplemont~ry Agreen~nt shall waive, suspend or abrogate any of the terms or conditions of the Municipal Street Lighting ~greement d~ted the 1 1st~ day of December 1928, now in effect between the City and the Company except as provided herein, and the said Municipal Street Lighting ~greement shall continue in lhll force and effect except as provided herein. 6. T~t this Agreement shsll inure to the benefit of and shall be bindinf~ ~'.~upon the successors of the City ~nd the successors -~nd assigns of the Company. ' '~' ' the parties hereto have caused this instrument iN WITNESS ~I4~REOF, to be signed in duplicate by their duly ·authorized officers and their official seals to be heeeunto affixed the day and year first abo~e written. Witness for City; '·CITY OF SEBASTiA/~, FLORIDA ~TTEST: Witnesses for Company: FLORID~.~ POWER & LIGHT COMPANY ByDresidsnt and Gener-~'l ~anager ~TTEST: Assistant oecretary Motion made by Councilman Vickers, seconded by Councilman Hicks that Counci 1 ~ad'Journ. ., Motion carried. ~