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111528 MINUTES CITY COMMISSION, SANFORD, FLORIDA, AdjQua'ned Session Nov 15, 1928 at 2 P N 19 28 479 The City Commission of the City of Sanford Florida met in adjourned Session at the City Hall in Sanford Florida at 2 ~'Clock P M Nov. 15, 1928. Present: Commissioner E F Housholder, Mayor " Frank L Miller City Clerk, F S Lamson City Manager. G H Cairns Absent: Commissioner S 0 Chase City Attorney, George A DeCottes. M~ Clyde Byrd, Local Manager of the Florida Power & Light Co. appeared before the Commission and requested the execution of a supplementary Street Lighting Agreement providing for the cancellation of the supplementary Street Lighting Agreement in letter form dated May l, 1928, and providing for the discontinuance of eight over-head street lights and one hun~ dred eighty six "~Fnite-Way" Street lights now being operated under the Municipal Street Lighti~ Agreement between the City of Sanford, and the Florida Power & Light Co. dated 1st day of October 1926. Mr Byrd explaining that the number of lights now in use being 192 less than the minimum number called for in the original contract dated October 1st 1926, the new supplemen- tary agreement is necessary in order to continue the rates for street lighting given in the original contract. Thereupon, after due consideration by the Commission and the Legal Department, Commissioner Miller offered Resolution No. 374, as follows, said resolution being unanimously adopted.: RESOLUTION ~374 RESOLUTION OF THE CITY OF SANFORD, STATE IF FLORIDA, AUTHORIZING ~D DIRECTING THE MAYOR ANb THE CITY CLERK OF THE~CITY OF ~ANFORD TO EXECUTE WITH T~E FLOR~DA PO?~R & LIGHT COMPANY A SUP-~ PLE~IENTARY STREET LIGHTING A~REEMENT PROVIDING FOR TH~ CANCELLATION OF THE SUPPLEMENTARY STREET LIGHTII~G AGREEMENT IN LETTER FOP~ DATED MAI I , 1928 AND PROVIDING FOR T~E DISCONTINUAN~E OF ~ EIGHT '8) OVERHEAD STREET LIGHTS AND CItE HUJDHED EIGHTY SIX (186) "~ITE .~AY" STREET LIGHTS ~ NOW BEING OPERATED ~DER THE ~NICIPAL STREET LIGHTING AGREEMENT BET:¥EEN THE CITY OF SANFORD I AND THE FLORIDA POWER & LIGHT COMPANY DATED THE LST DAY OF OCTOBER 1926. RESOLVED, by the City Commission of the City of Sanford, STATE OF FLORIDA: That the Mayor and the City Clerk of the City of Sanford be, and they hereby are, authorized and directed to execute for and on behalf of the ;~ ity of Sanford with the Florida Power & Lil Company a supplementary Street Lighting Agreement providing for the cancellation of the suppl. mentary Street Lighting Agreement in letter form dated May l, 1928 and providing for the dis- continuance of Eight Overhead street lights and one-hundred eighty-six "White Way" Street light now being operated tnder the Municipal Street Lighting Agreement between the City of Sanford and the Florida Power & Light Company, dated the 1st day of October 1926 , said supplementary Street Lighting Agreement being in the following form to-wit: "THIS SUPPLEMENTARY AGREES~NT made this 1st day of November 1928 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 corpor- ation organized and existing under the laws of the State of Florida, hereinafter called the "Company" "WHEREAS, there dated the 1st day of ~t Co is in effect between the City and the Company a Street Lighting Agreement 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 ~inimum requirement, 45O CITY COMMISSION, SANFORD, FLORIDA, MINUTES ADJOUR/~ED SESSION NOV l~, at 2 P N for which shall at all times equal that of the present installation as now set out in Section I of Article lll hereof, plus that of any additional installation requred 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 ~ay l, 1928, ~nd executed by the City on June ll, 1928, covering the temporary discontinuance of service to certain overhead and "~ite- Way" Street lights within the corporate limits of the City, and ~HEREAS, the City to have relief from some of its financial burdens has requested the Cor~oany to cancel the said Supplementary Agreemtn in letter form dated Nay l, 1928, and to reduce the said mimimum requirements by a temporary discontinuance of Seven(7) overhead Street Lights and One Hundred Fifty (150) "White-~ay "Street lights, operated under the above mentioned Street Lighting Agreement dated the 1st day of October 1926, and ~HEREA$, the Company is willing to comply with the City's request as provided in this Agreement, NOW THEREFORE ~ed WITNESSETH That for and in consideration of the sum of One Dollar ($1.OO) paid by the City to the Company and of the covenants and agreements herein set forth, the parties hereto covenant an and agree as follows: I That the Supplementary Agreement in letter form dated Nay l, 1928 now in effect be- the City and the Company be, and it ie hereby cancelled and termir~ted as of Nov. let tween 1928. 2. That the minimum requirements provided for in Section I of Article lll of the street Lighting Agreement dated October 1st 1926 now in effect between the City and the Company are hereby reduced by a discontinuance of the following overhead and "~ite-Way "Street Lights: ? - 80 CP Overhead Dusk to Dawn L~ps $25 Yr. 20 - 80 Cp 'J,~ite Way Dusk to Dawn L~mps 20 Yr. 90 - 100 CP White Way Dusk to Dawn L~mps 22 Yr. 30 - ~50 CP White Way Dusk to Dawn L~.ps ~ Yr. ~ qO0 C P White Way Dusk to Dawn Lamps 60.Yr 100 C.P ~;~ite Way Dusk to ~idnight Lamps 17.5o 2 - 250 CP ~?hite W~y Dusk to Nidnight Lamps 35.oo 2 - $O0 CP White ~y Dusk to ~,iidnight L~nps 45.00 3. That the Company will, at the request of dated the 1st day of October 1926. 75.oo 00.00 1320.00 120.00 70.00 70. oo o.oo ~225.00 ~he City, restore to service said agreement ~. That it is understood and agreed that the term of the Nunicipal Street Lighting Agreement dated the 1st day of October 1926, is for a term of Ten (10) full years and by discontinuance of the street lights as provided for in the Supplementary Agreement, the said Agreement dated th the 1st day of October 19~6 is extended for one year for each year or part of a year that all or any of the above street lights remain discontinued. 5. That no~hing in this Agreement shall waive, suspend or ~brogate any of the terms or conditions of the Street Lighting Agreement dated October 1st, 1926, between the City and the and the Company except as provided for herein, which agreement shall continue in full force and effect except as provided herein. 6. That ~his Agreement shall inure to the benefit of and shall be binding upon the CITY COMMISSION, SANFORD, FLORIDA, MINUTES Nov 1-5~h. Adjo~rned Session %81 Witnesses: G H Oairng Earle E Jones. Witnesses: Bizon Hooker Doris L Stinnett Seal) Seal ) ,,. CITY OF SA[~ORD, FLORIDA By E F Housholder Mayor FLORIDA POWER & LIGHT COMPANY By Joe H Gill Vice-President and General Manager. ATTEST: ~ B McDonald Assistant Secretary Approved as to form and correctness this 15th day of November 1925 _ GeorMe A DeOottes City Attorney. BE IT FURTHER RESOLVED, that this resolution shall become upon its passage and adoption. Adopted this 15th day of November A.D. 1928. effective immediately Housholder Miller Attest: F S Lamson C~ty O~k .'As the City Commission of the City of Sanford, Florida. Thereupon E F Housholder, as Mayor and F S Lamson , as City 01erk of the City of Sanford Florida executed supplementary street lighting agreement called for in resolu- tion No. 374. There being no further business, the meeting adjourned to meet again on November 17th, 1928. Attest: City Clerk. ~ayor