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HomeMy WebLinkAbout082329102' MINUTES, CITY COMMISSION, SANFORD, FLORIDA,_ Adjourned Session 19-?-9- August r at 2 P Y The City Commission of the City of Sanford, Florida met in adjourned session at the City Hall in Sanford Florida, at Two 0101ock P M August 23s 1929. Present: Commissioner Nelson Gray, Mayor " Frank L Miller " R A Newman City Attorney, Fred R Nilson. City Clerk, F S Lamson: Absent: Commissioner , S 0 Chase. " Vivian A Speer. The Clerk presented list of prices received for 5,280 feet of 3" galvanized pipe to be used for water extension to the Municipal Cemetery. After a comparison of the various prices received, Commissioner Newman moved that the order be given to Lee Brothers, Sanford, Florida, for the price of 38.36 per hundred feet F.O.B. Cars Sanford, Fla. Seconded by Commissioner Gray and adopted by the following vote: Commissioner Gray Aye " Miller Aye " Newman Aye Mr C A Byrd , Local Manager of the Floridl Power & Light Co. next presented, for approval and adoption , a supplementary agreement between the City of Sanford and the Florida Power & Light Company, covering a temporary discontinuance of sixty -one white -way lights and two bracket lights, instructions having been issued heretofore by the Commission covering a discontinuance of these lights. . After a thorough consideration of the agreement, and in view of the approval of the Legal Department, Commissioner Newman offered Resolution #384, which was seconded by Commissioner Miller and adopted by the following vote: Commissioner gray Nay " Miller Aye " Newman Aye said resolution being in words and figures as follows: RESOLUTION 384 Authorizing and directing the Mayor and the City Clerk of and on behalf of the City of Sanford, Florida, to execute and enter into with Florida Power & Light Company an amend- atory agreement providing for the amendment of a supplementary agreement between the City and Florida-Power & Fight Company, dated the lst day of November , 1928, to the end that certain street lights within the corporate limits of the City of Sanforft in addition to those temporar; ily discontinued in accordance with the said supplementary agreement, shall be temporarily dis- continued, all as set forth herein. WHEREAS, there is in effect between the City and the Company a street lighting Agreement dated the lst day of October 1926, covering the supply and purchase of "all electric energy and service necessary for the operation of the street lighting system within the corporate limits of the City of Sanford, Florida, which may now or hereafter be installed, the minimum requirements for which shall at all times equal that of the present installation as now set out in Section 1 of Article 111 hereof, plus that of any additional installation required or made by or at the direction of-the City" and, WHEREAS, there is in effect between the City and the Company,a Supplementary Agreement dated the lst day of November 1928, whereby the Company , at the request of the City temporarily discontinued Seven ( 7) Overhead Street Lights and One Hundred fifty ( 150) "White Way" street lights theretofore operated under the terms and provisions of the above I F� i� 1 U 1 L 1 MINUTES ;. CITY COMMISSION, SANFORD, FLORIDA, August 23 19 29 mentioned Street Lighting Agreement dated the lot day of October 1926, and WHEREAS, the City, in order to further relieve itself of financial burdens induced by lose of funds in bank failures and delinquency in the payment of City taxes, has requested the Company to temporarily discontinue lights in addition to those temporarily dis- continued under the Supplementary agreement dated the let day of November 1928, and WHEREAS, the Company is willing to comply with the City's request in accordance with the teas and provisions of a proposed Amendatory Agreement which has been heretofore submitted to the City, and WHEREAS, this Commission for the City approves the said Amendatory Agreement as to form and substance, and deems it to the best interests of the City that the same be executed. FLORIDA NOW THEREFORE, BE-IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SANFORD That the Mayor and the City Clerk of and on behalf of the City of Sanford, Florida, be and they hereby are authorized and directed to execute and enter into with Florida Power & Light Company an Amendatory Agreement providing for the temporary discontinuance of additiohal street lights within the corporate limits of the City, the said Agreement being hereinafter set forth in form, words and figures , as follows; THIS AMENDATORY AGREEMENT made this 23rd day of August 1929, by and between the CITY Of SANFORD, FLORIDA, a Municipal Corporation organized and existing under the Laws of the State of Florida ( hereinafter called the "City ") and FLORIDA POWER & LIGHT COMPANY, a corporation organized and existing under the laws of the State of Florida , (Hereinafter called the "Company ".) WHEREAS, there is in effect between the City and the Company a street lighting agreement dated the 1st day of October 1928, covering the supply and purchase of "all electric enerhy and service necessary for the operation of the street lighting system within the cor- porate limits of the City of Sanford, Florida, which may now or hereafter be installed, the minimum requirements for which shall at all times equal that of the present installation as now set out in section 1 of Article 111 hereof, plus that of any additional installation required or made by or at the direction of the City, "together with a Supplementary Agreement in letter form between the City and the Company, dated May 19 1928, and executed by the City of Nune 11, 1928, covering the temporary discontinuance of service to certain overhead and "White Way" street lights within the corporate limits of the City, and WHEREAS, there is in effect between the City and Company a Supplementary Agre dated the lot day of November 1928, whereby the Company, at the request of the City temporarill discontinued (7) overhead street lights and One Hundred Fifty ( 150) "White Way" street lights theretof©re.operated under the terms and provisions of the above mentioned street Lighting Agreement dated the lot day of October 1928, and WHEREAS, the City, in order to further relieve itself of financial burdens Induced by loss of lfundo in bank failures and delinquency in the payment of City taxes, has requested the Company to temporarily discontinue lights in addition to those temporarily dis- continued under the Supplementary Agreement dated the lot day of November 1928, and WHEREAS, the Company is willing to comply with the City's request, NOW , THEREFORE W I T N E S S E T H; That for and in consideration of the sum of One Dollar ( $1.00) paid by the City to the Company, and of the covenants and agreement herein set forth, the parties hereto 104 MINUTES CITY COMMISSION, SAN.FORD, FLORIDA,_ _ August 23 1 19 11 29 eovenant and agree as follows: 1. That Section 2 of that certain Supplementary Agreement now in effect be- tween the City and the Company and dated the lot day of November 1926, be and the same is hereby amended and supplemented to read as follows: That the minimum requirements provided for in Section 1 of Article 111 of the Street Lighting Agreement dated October lot, 1926, now in effect between the City and the Company are hereby reduced by a discontinuance of the following over -head and "White -Way" street lights: 7- 80 cp Over head dusk to dawn lamps 0 25.00 yr. 175.00 20- 80 c p White way dusk to dawn lamps 20.00 yr. 400.00 90 100 op white way dusk to dawn lamps 22.00 yr. 1980.00 30-250 cp. white way dusk to dawn lamps 44.00 yr. 1320.00 2 -400 op. white way dusk to dawn lamps 60.00 yr. 120.00 4 -100 op. white way dusk to midnight " 17.50 yr. 70.00 2- 250 op white way dusk to midnight " Z5.00 yr. 70.00 l0 op white way dusk to midnight " 5.00 yr. 0.00 That on the lot day of September 1929 the Company will temporarily dis- continue the operation of those certain "White Way" street lights described as to number, candlepower, type, burning schedule and location as follows: 8 - 100 op Dusk to midnight - Park Ave North of Commercial St. 1 -100 op. dusk to midnight, Park Ave.,south of Second Street. 13CAB -100 cp. Dusk to dawn, Park Ave. south of Second St. 2 - 100 Op dusk to midnight, Sanford Ave. north of Commercial St. 5 - 100 OP dusk to midnight, Palmetto Ave. north of Commercial St. 2 - 100 OP dusk to midnight, Seminole Blvd. between Palmetto and Park Ave. 24- 100 op. Dusk to midnight, First St. from Sanford Ave. east. 6 -100 op. dusk to dawn, the Municipal pier and 2 Bracket type street lights, French's Auto camp on Thirteenth Street. 2. That nothing in this agreement shall waive, suspend or abrogate any of terms or conditions of the Street Lighting Agreement dated the lot day of October 1926 be- tween the City and the Company, or any of the terms or conditions of the Supplementary Agreement dated the lot day of November 1928, between the City and the Company, except as provided herein, which street lighting agreement and which supplementary agreement shall continue in full force and effect except as provided herein. 3. That this Agreement shall inure to the benefit of and shall be binding upon the successors of the City and the successors and assigns of the Company. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be exe- cuted by their duly authorized officers and their official seals to be hereunto affixed the day and year first above written. WITNESSES: WITNESSES: CITY OF SANFORD, FLORIDA BY_..�. Mayor ATTEST: City Clerk. FLORIDA POWER & LIGHT COMPANY BY President and General Manager ATTEST: Assistant Secretary BE IT FURTHER RESOLVED, that this resolution shall be and become effective immediately upon its passage and adoption. Adopted this 23rd. day of August A. D. 1929. 1 1 r' 1 MINUTES CITY COMMISSION, SANFORD, FLORIDA,_ August 233% 19 29 Attest As the City Commission of the City of Sanford, Florida. City Clerk ( Seal) Commissioner Miller neat moved that in view of the fact that the Sanford Atlantic National Bank is required to give 100 per cent security on all City deposits in said bank, that said Sanford Atlantic National Bank be not required to pay interest on the first $5,000.00 in either the checking accounts or the savings accounts. Seconded by Commissioner Newman and adopted by the following vote: Commissioner Gray Nay " Miller Aye " Newman Aye The Clerk was next instructed to assess Personal Property against the Sanford Atlantic National Bank for the year 1929 at $5490.00 The Clerk was neat instructed to advertise the meeting of the Equalising Board for the 1929 Tax Roll for September 9, 1929• The Clerk next presented, for execution and in compliance with instructions here— tofore issued by the Commission, four notes for $2,000.00 each, dated August 1, 1929, and due August it 1930, August 1, 1931, August 1, 1932 and August 1, 1933, respectively, drawing interest at the rate of 6 per cent per annum, and made payable to the Nye Odorless Crematory Company, said notes to be issued in place of one for $9,000.00, due August 1, 19290 on which payment cc not be made due to the closing of the First National Bank . Thereupon, upon motion duly adopted, the Mayor and Clerk of the City of Sanford, Florida , were duly authorized and instructed to execute said notes on the part of the City of Sanford, Florida, these notes not to be delivered to the Nye Odorless Crematory Co., however, until the $9,000.00 note has been surrendered to the City. The Clerk was also instructed to draw check for $240.00 , representing interest on the $$,000.00 note aforesaid, from February 1, 1929; to August 1, 1929• On motion duly adopted , the Mayor and Clerk were also authorized to execute on behalf of the City of Sanford, Florida, four notes in favor of the Eureka Fire Hose Manu- facturing Company, in an amount of $474.60 each, drawing interest at the rate of 6 per cent per annum, dated August 15, 1929, and due August 15th of each year from 1930 to 1933, respectively, these notes representing the balance due on contract dated September 27, 1926 for fire hose, of a cash payment of $474.60 is made. The Clerk was then instructed to draw check in favor of the Eureka Fire Hose Manu- facturing Co. for #474.60 , the total of this check and the .four notes heretofore authorized representing the balance of the account due the Eureka Fire Hose Manufacturing Co. as follows: Original Contract Price 4200.00 Less Paid on account 2100.00 Interest to August 15, 1929 Total of check and notes $2373.00 There being no further business the meeting adjourned. Attest: J ...... V1 y.. 04,orkV 2100.00 2Z3. 00