217ORDINANCE NO. 217
AN ORDINANCE AUTHORIZING THE MAYOR AND THE
CITY CLERK OF THE CITY OF EDGEWATER TO
EXECUTE A SUPPLEMENTAL AGREEMENT MODIFYING
THE EXISTING AGREEMENT BETWEEN THE CITY OF /�
NEW SMYRNA BEACH AND THE CITY OF EDGEWATER, ,Ar9E
DATED JULY 31, 1956. �°`s,
WHEREAS, the City of New Smyrna Beach, a municipal corpora-
tion of Volusia County, Florida, and the City of Edgewater, a
municipal corporation of Volusia County, Florida, have hereto-
fore entered into a contract dated July 31, 1956, concerning the
supplying of electricity and the operation of the electrical
distribution system in the City of Edgewater, Florida; and
WHEREAS, The parties to the aforesaid contract are desirous
of amending the same.
NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY
OF EDGEWATER, FLORIDA:
SECTION 1. That the Mayor and City Clerk are hereby
authorized and directed to make, execute and deliver a supple-
mental agreement between the City of New Smyrna Beach, a municipal
corporation of Volusia County, Florida, party of the first part,
and the City of Edgewater, a municipal corporation of Volusia
County, Florida,. party of the second part, a copy of said supple-
mental agreement being attached 'hereto and made a part of this
ordinance.
SECTION 2. That all ordinances or parts of ordinances
in conflict herewith be and the same hereby are repealed.
SECTION 3. That this ordinance shall take effect immediately
upon its passage and approval by the Mayor.
The above ordinance was read in full and passed by vote
of the City Council of the City of Edgewater, Florida, at a
regular meeting held on the lath day of November, 1958.
Upon motion duly made, seconded and carried, the require-
ment of reading said ordinance upon second reading was waived
and the ordinance was ordered put upon final passage.
_`�V7
Passed by vote of the City Council of the City of
Edgewater, Florida, at a regular meeting of said council held
on the 17th day of November, A.D. 1958, and approved as pro-
vided by law, the vote of said council on roll call being as
follows:
9om 4a a rBdA� �1
Mayor
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Council
ouncil
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Approved this 17th day of November, A.D. 1958.
mayor
SUPPLEMENTkL AG8EE16W
THIS AGBFEMENr made this 18th day of November, A. D. 1958, by
and between the City of Now Smyrna Beach, a Municipal Corporation,
of Volusia County, Florida, party of the first part, and the City of
Edgewater, a Municipal Corporation of Yolusia County, Florida, party
of the second part,
YITNESSETH:
1. That the existing agreement between the parties hereto, dated
July 31, 1956, be modified ns follows:
As That the party of the 1'rst part shall install and
maintain fifty (50) Mercury Vapor lamp*, 20,000 lumen, along
U. S. Highway No. 1 in Edgewater, similar to those already
installed along said highway in the corporate limits of New
Smyrna Beach, the installation thereof to be "do at the
expense of the party of the first part, and at the locations
designated by the party of the second part, said installation
to begin on or before the 1st day of Novmbor 195E and to be
eompletod on or before the lot day of February 1959.
B. The party of the second part shall pay for &aid lamps
at the rate of 15.50 per Imp per mouth. to and including the
date of the expiration of the said agreement of July 31, 19560
to -wit, April 30, 1966, Said charge or cost to be billed monthly
to the City of Edgewater, and to be paid monthly, said billing
to begin as the lights are respectively connected. The instal-
lation of s:.id Meroury Vapor Imps &hall be in addition to the
lights heretofore installed in said City of Edgewater.
C. The party of the first part shall rebate to the party
of the second part the sum of 8650.00 annually, payable semi-
aanually. The first semi-annual payment is due and payable
%pril 1. 1939. The provisions of the contract of July 31, 1956
relating to the existing street lamps and traffic lights shall
not be effected by this agreement, and all future street Imp
installations shall be installed and billed in accordeace eith
the provisions of said existing contract, excepting the fifty
Mercury Vapor Imps herein provided for.
D. The party of the second part hereby agrees to permit
the City of New Smyrna Beach to make the same charges for *x-
tensions watered and out -ins in the City of Edgewater as are
now charged in New Smyrna Beach under and by virtue of the
provisions of Section 18-18. to -wit, $45.00 as a connection
charge; this provision to be in effect during the duration of
the Present existing contract of July 31, 1956.
2. All of the terms and provisions of the said agreement of
July 31, 1956 shall be and remain in full faros and effect except as
modified by the preceding provisions of this agreement.
IN WITNESS WHEREOF, The City of New Smyrna Beach has caused
these presents to be executed in its name by its Mayor and
City Clerk, and the corporate seal of said City to be hereunto
affixed at Nov Smyrna Beach. in Volusia County, Florida, pursuant
to authority of its City Commission contained In appropriate form
this 21st day of November, 1. D. 1958.
Signed and sealed in the
presence of: CITY OF NEW SMYRNA 91.ACH
/S/ Dolores Moe By /S/ Robert L. Arnau
its Mayor
/S/ Marilyn Caldwell
ATTEST /8/ E. E. Hughes
IN WITNESS WHEREOF, The city of Edgewater has caused these
presents to be executed in its mass by its Mayor and attested by
its City Clerk, and the corporate seal of said City of Edgewater
to be affixed at Edgewater, Volusia County, Florida, pursuant to
the authority of its City Council in appropriate form heretofore
had given end directed, on this 18th day of November, A. D. 1958.
Signed and sealed in the
presence of: CITY OF HWEWATr.R
/S/ Bernard Farrell By /8/ George 0. Sedgwick
its Mayor
/S/ W. T. Slattery
ATTEST /S/ Kathryn B. O*Connell
its Deputy Clerk
APPROVED as to form and sonteate
/S/ J. U. 51lleepie
J. U. Gillespie, City Attorney
City of Now Smyrna Beach, Florida
APPROVED am to form and content
/8/ John E. Chisholm
John E. Chfahols. ity Attorney
City of Edgewater, Florida