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78RESOLUTION NO. 78 A Resolution Approving the Form and Substance of a Written Agreement, herein set forth, to Provide for Extending the Effectiveness of Ordinance No. 151, Passed and Adopted on April 8, 1957, to Embrace and Include All Areas of the City of Edgewater; Authorizing and Instructing the Mayor and the City Clerk to Execute said Written Agreement. WHEREAS, Ordinance No. 151, entitled "AN ORDINANCE GRANTING TO FLORIDA POWER & LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC FRANCHISE, AND IMPOSING PROVISIONS AND CONDITIONS RELATING THERETO", was passed and adopted on April 8, 1957; and WHEREAS, Section I of said Ordinance No. 151 contains the following proviso: "provided, however, that, until such time as the Grantor and the Grantee shall have entered into a written agree- ment whereby the effectiveness of the provisions of this ordinance will be extended to other areas of the City of Edgewater, the effectiveness hereof shall be restricted (i) to that area of the City of Edgewater wherein the Grantee is rendering electric service on the date of the final passage and adoption hereof and (ii) to the area of Volusia County adjacent thereto if such adjacent area shall, during the effective period hereof, become a part of the City of Edgewater"; and WHEREAS, the City of Edgewater, as the Grantor, and Florida Power & Light Company, as the Grantee, of said franchise, now desire to enter into a written agreement, as provided for in the above -quoted proviso in Section I of said Ordinance No. 151, whereby the effectiveness of said Ordinance will be extended to embrace and include all areas within the corporate limits of the City of Edgewater; NOW, THEREFORE, be it resolved by the City Council of the City of Edgewater, Florida, that approval is hereby given to the form and substance of the written agreement, hereinafter set forth, to provide .for extending the effectiveness of Ordinance No. 151, passed and adopted on April 8, 1957, and entitled "AN ORDINANCE GRANTING TO FLORIDA POWER & LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC FRANCHISE, AND IMPOSING PROVISIONS AND CONDITIONS RELATING THERETO", to embrace and include all areas of the City of Edgewater, said agreement to be in the following words and figures: AGREEMENT BETWEEN THE CITY OF EDGEWATER AND FLORIDA POWER & LIGHT COMPANY TO PROVIDE FOR EXTENDING THE EFFECTIVENESS OF ORDINANCE NO. 151, PASSED AND ADOPTED ON APRIL 8, 1957, TO INCLUDE ALL AREAS OF THE CITY OF EDGEWATER THIS AGREEMENT, made this 2nd day of August , 1965, by and between the CITY OF EDGEWATER, a municipal -corporation in Volusia County, Florida, hereinafter sometimes called "the City", party of the first part, and FLORIDA POWER & LIGHT COMPANY, a Florida corporation, hereinafter sometimes called "the Company", , party of the second part, W I T N E S S E T H THAT, for and in consideration of the mutual covenants herein set forth, the parties hereto covenant and agree as follows: 1. That the effectiveness of City of Edgewater Ordinance No. 151, passed and adopted on April 8, 1957, and entitled "AN ORDINANCE GRANTING TO FLORIDA POWER & LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC FRANCHISE, AND IMPOSING PROVISIONS AND CONDITIONS RELATING THERETO" shall be and is hereby extended to embrace and include all areas within the corporate limits of the City. 2. That the Company shall, commencing on May 1, 1966, or on such earlier date as may be mutually agreed upon by the parties hereto, render electric service within and throughout all areas of the City under and in accordance with all provisions of said Ordinance No. 151. 3. That, except for the extension of the effectiveness of the provisions of said Ordinance No. 151 to include all areas of the City, as hereinabove provided, this agreement shall not affect in any way the provisions of said Ordinance No. 151 which shall continue to be in full force and effect until the end of the 30-year period defined in Section I of said Ordinance. IN WITNESS WHEREOF, each of the parties hereto has caused this instrument, and an exact duplicate hereof, to be signed in its behalf, and its corporate seal to be•impressed hereon, and on said duplicate, by its officers thereunto duly authorized, this 2nd day of August , 1965. WITNESSES: WITNESSES: c CITY OF EDGEWATER Mayor Attest: ty Clerk Party of the first part FLORIDA POWER & LIGHT COMPANY Party of r Vice President STATE OF FLORIDA ) ) ss. COUNTY OF VOLUSIA ) I, Helen W. Jones, City Clerk of the City of Edgewater, Florida, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 78, entitled, "A resolution approving the form and substance of a written agreement, herein set forth, to provide for extending the effectiveness of Ordinance No. 151, passed and adopted on April 8, 1957, to embrace and include all areas of the City of Edgewater; authorizing and instructing the Mayor and the City Clerk to execute said written agreement", adopted by the City Council of the City of Edgewater, Florida, at a regular meeting thereof held on the 2nd day of August, 1965. WITNESS my hand and the official seal of said City of Edgewater, Florida, this /� day of August, 1965. d REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA HELD AUGUST 2ND, 1965 The Regular Meeting of the City Council of the City of Edgewater, Florida was called to order by Mayor Dana T. Armstrong at 7:30 P.M. on August 2nd, 1965. ROLL CALL Mayor Dana T. Armstrong Present Councilman Carl A. Siller Present Councilman Earl L. Tingle Present Councilman W. H. Cairnle Present Councilman B. R. Ridgdill Absent City Attorney W. D. Mathas Present City Clerk Helen W. Jones Present Deputy City Clerk Marie Robinson Present Police Chief Herman Witmeyer Present Fire Chief Richard Hanson - -- - - - - - - - - - - - - - - - - - - - - - - Present - RESOLUTIONS RESOLUTION MMER 78 APPROVING THE FORM APED SUBSTANCE OF A WRITTEN AGREEMENT, HEREIN SET FORTH, TO PROVIDE FOR EXTENDING THE EFFECTIVENESS OF ORDINANCE NO. 151, PASSED AND ADOPTED ON APRIL 8, 1957, TO EMERACE APED INCLUDE ALL AREAS OF THE CITY OF EDG QTER; AUTHORIZING AND INSTRUCTING. THE MAYOR AND THE CITY CLERK TO EXECUTE SAID WRITTEN AGREEMENT. The above resolution was read in full by Attorney Mathas and motion duly made by Councilman Siller this resolution be adopted, seconded by Councilman Cairnie and passed by vote of the City Council of the City of Edgewater, Florida at the Regular Meeting of the said Council held this 2nd day of August, A.D. 1965. The roll call vote of those present was unanimous. CERTIFICATION I, Helen W. Jones, City Clerk of the City of Edgewater, Florida do hereby certify the above is a true and correct copy of an excerpt from the Minutes of the Regular Meeting of the City Council of the City of Edgdwater, Florida held August 2nd, 1965. IN WITNESS WHEREOF, I have hereunto set my hand and seal of the City Edgewater, FlBrida this 5th day of October, A. D. 1965.