155RESOLUTION NO. 155
A RESOLUTION OF INTENT TO SUBMIT TO THE FLORIDA
EAST COAST RAILWAY COMPANY A PROPOSED AGREEMENT
PROVIDING FOR PAYMENT IN THE MANNER AND MODE
THEREOF OF THE RAILROAD CROSSING PROTECTIVE A
DEVICES LOCATED AT INDIAN RIVER BOULEVARD, A
PROVIDING FOR THE SHARE OF COSTS WITH THE SAID
RAILWAY WITH RESPECT TO ANY FUTURE INSTALLATION
OF AUTOMATIC CROSSING PROTECTIVE DEVICES AT
OCEAN AVENUE AND 26th STREET, AND PROVIDING FOR
THE CLOSING AND ABANDONING BY THE CITY OF EDGEWATER
OF THE CROSSINGS AT 20th STREET AND AT FLAGLER
AVENUE, UPON THE INTENTION THAT SAID CROSSING AT
FLAGLER AVENUE REMAIN OPEN FOR THE VOLUSIA COUNTY
MOSQUITO CONTROL DISTRICT PURPOSES, ALL OF SAID
CROSSINGS BEING IN THE CITY OF EDGEWATER, FLORIDA.
WHEREAS, a certain controversy has arisen between the City of
Edgewater, Florida and the Florida East Coast Railway Company
regarding the installation and payment of automatic crossing
protective devices at Indian River Boulevard, 20th Street, 26th
Street, Ocean Avenue and Flagler Street, and
WHEREAS, the City of Edgewater, Florida has entered into certain
agreements or contracts with the said Florida East Coast Railway
Company with respect to the above crossings, and
WHEREAS, the City of Edgewater is desirous of re -negotiating or
cancelling the said agreements or contracts, and
WHEREAS, the City Council has met with official from the Florida
East Coast Railway Company in an effort to resolve the said
controversy now existing,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EDGEWATER, FLORIDA AS FOLLOWS:
Section 1. That the City Attorney be and he is hereby authorized
and instructed to draw up a proposed agreement to submit to the
Florida East Coast Railway Compan, said agreement providing for the
repayment to the railway of the sum of $11906.85 for the installation
of automatic crossing protective devices at Indian River Boulevard
in the City of Edgewater, Florida.
Section 2. Said agreement providing that the cost of installing
automatic crossing protective devices at Ocean Avenue and at 26th
Street at any time in the future be equally borne by the City of
Edgewater and the Florida East Coast Railway Company, that is to
say, on a 50-50 basis.
Section 3. That the said agreement provide for the closing and
abandoning of the crossing located at 20th Street and providing for
the closing and abandoning by the City of Edgewater of the crossing
located at Flagler Avenue upon the condition, however, that the
said railway company alloW the crossing located at Flagler Avenue
to remain open for use by the Volusia County Mosquito Control
District.
Section 4. That the said proposed agreement amend, alter and
rescind any and all parts of those certain agreements entered into
by and between the City of Edgewater and the Florida East Coast
Railway Company on January 14, 1957, June 17, 1957, February 17,
1956 and December 16, 1965 that are in any way inconsistent with the
provisions heretofore outlined in the preceding section hereof and
the same be amended or repealed or revoked so as to conform with
the intent of the provisions contained in Section 1, 2 and 3 hereof.
Section 5. Be it resolved that all resolutions or parts of resolutions
in conflict herewith be 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
Walls who moved its adoption, said motion
being seconded by Councilman Bebbington upon roll
call vote said resolution was duly declared adopted at a regular
meeting of the City Council held on November 7, 1966, the vote of
said Council upon said roll call) being as
follows:
7
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Councilman
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Councilman
Attest:
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City Clerk
Approved this 7th day of November
A. D., 1966.
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Mayor