90-R-61RESOLUTION NO. 90-R-61
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDGEWATER, FLORIDA, AUTHORIZING THE APPROPRIATE
OFFICIALS OF THE CITY OF EDGEWATER, TO EXECUTE AN
"AGREEMENT" WITH FLORIDA POWER & LIGHT, INC. REPEALING
ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR
AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA:
SECTION 1. That the City Council of the City of Edge-
water, Florida, hereby authorizes the appropriate officials of
the City of Edgewater, Florida, to execute an "Agreement" with
Florida Power & Light, Inc.
SECTION 2. A copy of said Agreement is attached to this
Resolution and by reference incorporated herein as if fully set
forth and marked Exhibit "A".
SECTION 3. That all resolutions or parts of resolutions
in conflict herewith be and the same are hereby repealed.
SECTION 4. That this Resolution shall take effect immedi-
ately upon its adoption by the City Council of the City of Edge-
water, Florida, at a regular (rescheduled) meeting of said Council
held on the 12th day of November , 1990, and ap-
proved as provided by law.
This Resolution was introduced and sponsored by Councilman
Gold , and was read and passed by a vote of the
City Council of the City of Edgewater, Florida, at a regular(rescheduled)
meeting of said Council held on the 12th day of November
1990, and approved as provided by law.
ROLL CALL VOTE AS FOLLOWS:
/� d1P�
Mayor T-
EXCUSED
Councilman -Zone One
ExcnSRn
Cou w man-Zonne/�//`T'�`,/'oo'
Councman-Zone Three
Councilman -Zone Four
(�
1
C
This Resolution Prepared by:
4itto e rn�
1990.
FPL
November 13, 1990
Chief William C. Vola
City of Edgewater Fire Department
P.O. Box 100
Edgewater, FL 32132-0100
T.O. gee 2351, Dayton Beach, FL 32115-2951
NGVyl Gl yO
EDGEYiASEn F}'y� RESCui:
RE: Emergency Radio Control Cable Attachment
Dear Chief Vola:
FPL will permit the City of Edgewater to perform the above work
upon the five (5) power poles located on the north side of Park
Avenue between the Police Station and Public Works Department
(approximately 450 feet) with the following stipulations:
1. Cable is small gauge radio control wire similar to 2 pair
telephone cable.
2. Attachments are made as discussed in our meeting held at the
site on October 18, 1990.
3. FPL assumes no liability in conjunction with the installation
or operation of subject cable.
4. City will remove subject cable at FPL request or when
alternate route becomes available.
Please sign below indicating your acceptance of the above and
return the original to me at your earliest convenience.
Sincere y
Earl Gerwe
Account Manager
EFG:sh
cc: J. L. Canterbury
Ci wet by
p _
an FPL Group company
AGREEMENT
This Agreement, made and entered into this day of
1990, by and between the CITY OF EDGEWATER,
Florida, a municipal corporation, (hereinafter referred to as
"City") and FLORIDA POWER & LIGHT, INC. (hereinafter referred to
as "F.P. & L.").
WHEREAS, the City of Edgewater Fire Department needs to oper-
ate a radio dispatch system to better protect the public safety,
and
WHEREAS, said system requires the installation of a control
cable on posts owned by F.P. & L., and
WHEREAS, F.P. & L. is willing to allow the City of Edgewater
Fire Department to install said control cable subject to certain
terms and conditions hereinafter set forth.
W I T N E S S E T H:
1. F.P. & L. hereby grants the City of Edgewater Fire De-
partment permission to attach a low voltage, multiple conductor
control cable to the power poles owned by F.P. & L. located at:
The North side of East Park Avenue, from approximately
the Edgewater Police Station, West to the West property
limits line of the Edgewater Public Utilities property,
some 450 feet and encompassing 5 power poles.
2. F.P. & L. recognizes the importance of this control
cable to the City's emergency operations and agrees to exer-
cise due care in order to avoid damaging said cable.
3. The City agrees to comply with the standards of the Nat-
ional Electric Code-1990 Edition and any additional technical
requirements as established by F.P. & L. in attaching and connect-
ing the aforementioned control cable to F.P. & L.'s poles.
4. The City agrees and covenants that in the event damage
occurs to said control cable resulting from actions or omissions
of F.P. & L. employees while maintaining or installing F.P. &
L.'s electrical cable which causes a loss of service to the
City's Fire Department, City will not bring any action at law or
in equity against F.P. & L. as a result of said damage caused by
F.P. & L.
5. It is mutually agreed and understood by the parties that
this control cable is intended solely for the control and opera-
tion of a radio base station for the governmental public safety
departments of the City of Edgewater, and transmission of voice,
data and other forms of electronic information. Any use differ-
ent from that which is described herein shall negate F.P. & L.'s
permission to use the aforementioned poles.
IN WITNESS WHEREOF the parties have caused this Agreement to
r their duly authorized officers.
CITY OF EDGEWATER
By: —
IC10
City Clerk
FLORIDA POWER & LIGHT, INC.
By: