151RESOLUTION NO. 151
A RESOLUTION OF INTENTION BY THE CITY COUNCIL
OF THE CITY OF EDGEWATER, FLORIDA TO INCLUDE
ONE-HALF OF THE SUM OF $17,906.85 IN THE 1967-
1968 BUDGET AND TO INCLUDE THE REMAINING BALANCE
OF THE SAID $17,906.85 IN THE 1968-1969 BUDGET
FOR THE PURPOSE OF REPAYING THE FLORIDA EAST
COAST RAILWAY COMPANY FOR EXPENSES INCURRED
IN CONNECTION WITH THE INSTALLATION OF AUTOMATIC
CROSSING PROTECTIVE DEVICES AT INDIAN RIVER
BOULEVARD, MP 128 PLUS 3045', IN THE CITY OF
EDGEWATER, VOLUSIA COUNTY, FLORIDA, AND ALSO
DECLARING THE INTENTION OF THE CITY COUNCIL TO
RESCIND, CANCEL, NULLIFY, REVOKE, TERMINATE AND
REPEAL, EXCEPT INSOFAR AS THEY RELATE TO THE
SAID INDIAN RIVER BOULEVARD CROSSING, THAT CERTAIN
AGREEMENT ENTERED INTO ON THE 14th DAY OF JANUARY
A. D., 1957 BY AND BETWEEN JOHN W. MARTIN, AS
TRUSTEE OF THE PROPERTY OF FLORIDA EAST COAST
RAILWAY COMPANY, AND THE CITY OF EDGEWATER, FLORIDA,
TOGETHER WITH THAT CERTAIN RESOLUTION ADOPTED
JANUARY 14, 1957 BY THE CITY OF EDGEWATER,HLORIDA-
SAID RESOLUTION RELATING TO THE ABOVE REFERRED TO
AGREEMENT: AND ALSO DECLARING THE INTENTION OF THE
CITY COUNCIL TO RESCIND, CANCEL, NULLIFY, REVOKE,
TERMINATE AND REPEAL THAT CERTAIN LICENSE AGREEMENT
ENTERED INTO BY AND BETWEEN THE FLORIDA EAST COAST
RAILWAY COMPANY AND THE CITY OF EDGEWATER, FLORIDA
ON DECEMBER 16, 1965, TOGETHER WITH RESOLUTION
NUMBER 103 OF THE CITY OF EDGEWATER, FLORIDA, SAID
RESOLUTION BEING ADOPTED DECEMBER 27, 1965 BY THE
CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA,
SAID RESOLUTION PERTAINING TO THE ABOVE REFERRED TO
LICENSE AGREEMENT OF DECEMBER 16, 1965.
WHEREAS, pursuant to that certain agreement made and executed by and
between John W. Martin, as trustee of the property of the Florida
East Coast Railway Company and the City of Edgewater, Florida, said
agreement being dated January 14, 1957, whereby the said city of
Edgewater did agree to reimburse the Florida East Coast Railway
Company for all expenses incurred for material and labor in connection
with the installation of automatic crossing protective devices at
the Indian River Boulevard crossing and at the 20th Street crossing
in the City of Edgewater, Volusia County, Florida,and
WHEREAS, the Florida East Coast Railway Company has caused to be
constructed and installed at the Indian River Boulevard crossing,
MP 128 plus 30451, automatic crossing protective devices at a total
cost of $17,906.85 and -
WHEREAS, it is felt by the City Council of the City of Edgewater,
Florida that the said Florida East Coast Railway Company did install /\
the said crossing protective devices in reliance upon the above
referred to agreement and does therefore resolve to repay the said
sum of $17,906.85 to the said Florida East Coast Railway Company
by including one-half of the said amount in the 1967-1968 budget
and the remaining balance of the said sum in the 1968-1969 budget,
and
WHEREAS, the said Florida East Coast Railway Company has not acted
in reliance as to the 20th Street crossing in the City of Edgewater,
Florida, the same being commonly referred to by the railroad as
MP 128 plus 4654', and
WHEREAS, the City Council of the city of Edgewater, Florida does not
wish the said Florida East Coast Railway Company to act in reliance
of the said agreement of January 14, 1957 and install any automatic
crossing protective devices at the said MP 128 plus 46541, commonly
known as the 20th Street crossing and,
WHEREAS, the said City Council of the City of Edgewater, Florida
does feel that the said agreement of January 14, 1957 is onerous,
aleatory, one-sided and unfair to the city of Edgewater, and
WHEREAS, if the said city of Edgewater, Florida was forced to perform
said contract with respect to the crossing located at 20th Street,
referred to by the said Florida East Coast Railway Company as MP 128
plus 4654', that the finances and economic position of the City of
Edgewater would be seriously jeopardized and impaired,and,
WHEREAS, by license agreement entered into and dated December 16,
1965, the City of Edgewater, Florida did contract with the Florida
East Coast Railway Company with reference to the Flagler Avenue
crossing in the City of Edgewater, Florida, MP 0 plus 1438', and
WHEREAS, the City Council of the City of Edgewater, Florida does
consider the said license agreement to be onerous, aleatory, one-sided,
and unfair to the City of Edgewater, Florida, and unenforceable, and
WHEREAS, it is felt by the City Council of the City of Edgewater,
C
Florida that for the city to abide by the said license agreement
would seriously jeopardize and impair the financial condition of the
city, and
WHEREAS, the said City Council is therefore desirous of rescinding,
cancelling, nullifying, revoking, terminating and repealing the said
license agreement of December 16, 1965,
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EDGEWATER, FLORIDA AS FOLLOWS:
Section 1. That the City Council of the City of Edgewater, Florida
does hereby resolve to set aside and appropriate the sum of $17,906.85,
half of which is to be included in the 1967-1968 city budget and the
remaining balance to be included in the 1968-1969 city budget for the
purpose of reimbursing the Florida East Coast Railway Company for
expenses incurred for material and labor in the installation of
automatic crossing protective devices at Indian River Boulevard,
MP 128 plus 3045', all being in the City of Edgewater, Volusia County,
Florida.
Section 2. That except insofar as specified in Section 1 hereof, the
City of Edgewater does hereby rescind, cancel, nullify, revoke,
terminate and repeal the said agreement entered into on January 14,
1957 between John W. Martin, as trustee of the property of the
Florida East Coast Railway Company and the city of Edgewater, Florida,
and each and every part thereof.
Section 3. The City Council of the City of Edgewater, Florida does
hereby rescind, cancel, nullify, revoke, terminate and repeal that
certain license agreement entered into December 16, 1965 by and
between the Florida East Coast Railway Company, a Florida Corporation,
and the City of Edgewater, and each and every part thereof.
Section 4. That the City Clerk of the City of Edgewater, Florida be
and she is hereby authorized and directed to mail, by certified mail
return receipt requested, a true copy of this resolution to the
Florida East Coast Railway Company at its office at St. Augustine,
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St. Johns County, Florida.
Section 5. That all resolutions or parts of resolutions in conflict
herewith be and the same are hereby rescinded.
Section 6. That this resolution shall take effect immediately upon
its passage and approval by the Mayor.
The above and foregoing resolution was presented by Councilman
Paul F. Walls who moved its adoption, said motion
being seconded by Councilman Philip H. Bebbington
Upon roll call vote said resolution was duly declared adopted at
a regular meeting of the City Council of the City of Edgewater,
Florida held on October 17, 1966, the vote of said council upon
said roll call being as follows:
Attest: �
Approved this 17th day of October
A. D. , 1966.
filu/ Y L- a r�
Mayor