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116RESOLUTION NO. 116 A RESOLUTION APPROVING THE FORM AND SUBSTANCE OF A BILL OF SALE HEREIN SET FORTH, TO PROVIDE FOR THE PURCHASE OF THE ELECTRICAL DISTRIBUTION SYSTEM THEREIN DESCRIBED BY THE CITY OF EDGEWATER FROM THE CITY OF NEW SMYRNA BEACH: AUTHORIZING AND INSTRUCT_ IN THE MAYOR AND THE CITY CLERK TO EXECUTE A CHECK TO THE CITY OF NEW SMYRNA BEACH IN EXCHANGE THEREFOR. WHEREAS, a certain contract for sale was entered into on January 27, 1966 between the City of Edgewater and the City of New Smyrna Beach, said contract being duly authorized by resolution and executed by the proper officials of said municipalities, by the terms of which the City of New Smyrna Beach did agree to sell, convey and assign unto the City of Edgewater the electrical distribution system owned by the City of New Smyrna Beach, consisting of poles, lines, transformers, and metering devices, together with such other appurtenant personal property as was necessary for the operation of the said electrical distribution system, all of which was and is now located in the City of Edgewater and south of the city .limits of New Smyrna Beach, Florida, and WHEREAS, the City of Edgewater, by the terms of the said contract did agree to pay to the City of New Smyrna Beach as and for consideration for the said electrical distribution system, the sum of $150,000 and WHEREAS, the said contract provided for the delivery of the said electrical distribution system as of midnight April 30, 1966,and WHEREAS, the said contract did provide that it should become effective immediately upon a ruling of the Circuit Court, in and for Volusia County, Florida, allowing the City of New Smyrna Beach to make the sale provided for in said contract, and WHEREAS, the Circuit Court, in and for Volusia County, Florida 116 did render and enter a final declaratory decree dated February 2, 1966 by the terms of which the City of New Smyrna Beach was authorized to sell the above referred to electrical distribution system to the City of Edgewater and the said contract herein specified was declared valid and enforceable; NOW THEREFORE, be it resolved by the City Council of the City of Edgewater, Florida that approval is hereby given to the sum and substance of the bill of sale hereinafter set forth, tendered by the City of New Smyrna Beach, said bill of sale providing for the sale of the electrical distribution system therein described by the City of New Smyrna Beach to the City of Edgewater, said bill of sale being in the following words and figures: KNOW ALL MEN BY THESE PRESENTS, thattheCITY OF NEW SMYRNA BEACH, FLORIDA, a municipal corporation organized and existing under the laws of the State of Florida, in consideration of the sum of One Hundred Fifty Thousand ($150, 000. 00) Dollars, in lawful money of the United States, to be paid by the CITY OF EDGEWATER, FLORIDA, a municipal corporation organized and existing under the laws of the State of Florida, receipt of which Is hereby acknowledged, has granted, bargained, sold, transferred and delivered, and by these presents does grant, bargain, sell, transfer and deliver unto the CITY OF EDGEWATER, FLORIDA, its successors and assigns, the following goads and chattels: All of the electrical distribution system, consisting of poles, lines, transformers and metering devices, together with such other appurtenant personal property as is necessary for the operation of the electrical distribution system, all of which is now located in the City of Edgewater, Florida, and South of the city - limits of New Smyrna Beach, Florida, and as shown on the Edgewater Distribution Inventory marked. Exhibit "A, " attached hereto and made a part hereof. Together with every right, privilege, permit and easement of every kind and nature now held by the City of New Smyrna Beach in connection with the aforementioned electrical distribution system. TO HAVE AND TO HOLD the same untotheCITYOF EDGEWATER, FLORIDA, its successors and assigns forever. AND, THE CITY OF NEW SMYRNA BEACH, FLORIDA, warrants that it is the lawful owner of said goods and chattels, and that i they are free from all encumbrances, and that the CITY OF NEW SMYRNA BEACH has good right to sell the same as aforesaid, and they will defend and warrant the sate of said property, goods and chattels hereby made against the lawful claims and demands of all persons whomsoever. .,... - ao�_,._ f 't 41 tr j IN WITNESS WHEREOF, the CITY OF NEW SMYRNA BEACH, FLORIDA, has caused its Mayor and City Clerk to execute this instrument on the day of A.D. 1966. Signed, sealed and delivered in the presence of: CITY OF NEW SMYRNA„BEACH, FLORIDA By: Mayor Attest: (SEAL) City ler STATE OF FLORIDA _ COUNTY OF VOLUSIA I HEREBY CERTIFY that on this day personally appeared before me, an officer dulaa tho;)y t later oaths and take acknowledgments, , Y and SUE WHITE, Mayor and Acting City Clerk, respectively, of the a CITY OF NEW SMYRNA BEACH, FLORIDA, to me well known , to be the individuals described in and who executed the fore- going Bill of Sale, and they acknowledged before me that they executed the same freely and voluntarily under the authority duly vested in them by said City, and that the seal affixed thereto is the true seal of the City of New Smyrna Beach. - W ITN ESS my hand and official seal at New Smyrna Beach, Volusta County, Florida, this _day of A. D. 1966. My commission expires: poi 2.- Ulltl/11<o/J/i "hu w " • EL,. WATER DISTRIBUTION INVENTORY POLES AND FIXTURES _ Unit uantit 25' creo pine poles ea 17 30' " ea 90 j 35' " " " ea 537 ' 40' " " " ea 161 45' " " " ca 36 55' n u. a ea 1 Framing materials lot I " Anchor guys, complete ea 362 Span guys ea 47 -. - CONDUCTORS..& DEVICES - Wire, 48 BUD. ft 46,240 #6 ft 136,150 l64 ft 119,285 " P2 " £t 37,590 ' " #1/0 " ft 1,690 " #2/0 " ft 22,590 " #8 WPC ft 38,940 " U6 ft 35,420 " U4 " ft 17,290 " 04/0 " ft 180 " #2 ACSR ft 340 " #1/0 " ft 680 " Cable 64 TPX ft 6,290 " U6 CC - 3-W - ft 55 Pole grounds as 560 Secondary grounds (driven) as 172 Regulator, 100 A, 4 kv ea' 3 i. v " 290 A " " as 3 Switch, regulator by-pass ea 6 " 100 A, 4 kv as 53 " 200 A " " disc. as 6 Capacitor, 25 kvar, 2400 V ea 13 Insulator and DE materials lot 1 - LINE TRANSFORMERS & DEVICES Transformer, 1.5 kva, 4 kv ea 2 " 3 " " ea 12 " 5 " ea 16 r7.5 ea 2 10 " " ea 45 " 15 " ea 41 2.5 " ea 48 37.5 ea 4 " 75 " ea 1 Protective devices lot 1 SERVICES Services, complete ea 935 METERS, Self Contained 120/240 V, 3-phase ea 38 120 V, 1-phase as 123 120/240 V, 1-phase. as 823 STREET LIGHT & SIGNAL SYSTEMS Wire, #6 EHD ft 27,070 68 CWV ft 18,720 " #6 BHD ft 37,520 " li6 CWP ft 740 Street light fixtures, complete as 54 11 " " obsolete ea 88 Insulators and DE materials' lot 1 Transformers, type SO 20 kw as 2 Protective devices lot 1 Be it further resolved that the City Council of the City of Edgewater, Florida, does hereby approve, ratify and confirm the said bill of sale and does hereby fully authorize the receipt of delivery of the same, and in exchange therefor, that the Mayor and the City Clerk are hereby authorized and instructed to execute a check in the sum of $150,000 to be drawn upon the funds of the City of Edgewater, Florida, payable to the City of New Smyrna Beach in exchange for said bill of sale and the electrical distribution system described therein, The above and foregoing resolution was presented by Councilman Walls who moved its adoption; said motion being seconded by Councilman BebbingtoII Upon roll call said resolution was duly declared adopted at a meeting of said Council on the 28th day of April 1966, said meeting being a reopened meeting of a recessed regular meeting of the City Council held on April 18, 1966. The vote of said Council on said roll call being as follows: r " 6 ouncil G� ATTEST: ity Ce jl�