117RESOLUTION NO. 112
A Resolution Approving the Form and Substance
of a Bill of Sale, herein set forth, to Provide for
the Sale of the Electrical Distribution System,
therein described, by the City of Edgewater to Florida
Power & Light Company; Authorizing and Instructing
the Mayor and the City Clerk to execute said Bill of
Sale.
WHEREAS, the City of New Smyrna Beach has been rendering
electric service within an area of the City of Edgewater under
the provisions of an agreement between said Cities dated July
31, 1956, and
WHEREAS, the rendition of such electric service by the
City of New Smyrna Beach is to be terminated on April 30, 1966,
and
WHEREAS, electric service within said area of the City of
Edgewater is to be rendered thereafter by Florida Power & Light
Company, beginning on May 1, 1966, and
WHEREAS, the City of Edgewater has acquired title to the
electrical distribution facilities by means of which the City
of New Smyrna Beach has been rendering such electric service
within said area of the City of Edgewater, and
WHEREAS, the City of Edgewater has agreed to sell said
electrical distribution facilities to Florida Power & Light
Company;
NOW, THEREFORE, be it resolved by the City Council of the
City of Edgewater, Floirda, that approval is hereby given to
the form and substance of the Bill of Sale, hereinafter set
forth, to provide for the sale of the electrical distribution
system, therein described, by the City of Edgewater to Florida
Power & Light Company, said Bill of Sale to be in the following
words and figures:
P17
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BILL OF SALE
KNOW ALL MEN BY THESE PRESENTS, That the City of Edgewater,
Florida, a municipal corporation organized and existing under the
laws of the State of Florida, party of the first part, for and in
consideration of the sum of One Dollar ($1.00) to it in hand paid
by FLORIDA POWER 6 LIGHT COMPANY, a corporation organized and
existing under the laws of the State of Florida, party of the
second part, and for other good and valuable consideration, the
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 said party of the second
part, its successors and assigns, all of the following described
property, located in the County of Volusia and State of Florida,
to wit:
All of the electrical distribution system, consisting
of poles, lines, transformers, metering devices and
street light fixtures, 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 detailed on the Edgewater
Distribution Inventory marked Exhibit "A", and as
further indicated on prints marked Exhibit
"B", attached hereto and made a part hereof.
Together with every right, privilege, permit and easement of
every kind and nature of the party of the first part in and to the
above described property as the same is now located in said County
and State.
To have and to hold the same unto the party of the second
part, its successors and assigns, forever.
And said party of the first part does for itself and its suc-
cessors covenant to and with said party of the second part, its
successors and assigns, that it is the lawful owner of said property
above described and that said property is free and clear from all
liens, encumbrances and charges whatsoever; that it has good right
and lawful authority to sell the same as aforesaid, and that it
will warrant and defend the title and the sale of said property
hereby made unto said party of the second part, its successors and
assigns, against the lawful claims and demands of all persons whom-
soever.
IN WITNESS WHEREOF, said party of the first part has caused
these presents to be signed in its corporate name by its duly author-
ized corporate officers, and its corporate seal to be hereto affixed,
this day of April, 1966.
Signed,sealed and delivered CITY OF EDGEWATER
}p the presence of:
By
Mayor
Attesti
City Clerk
2 -
BE IT FURTHER RESOLVED that the Mayor and the City
Clerk are hereby authorized and instructed to execute said
Bill of Sale.
The above and foregoing Resolution was presented by
Councilman Lodico who moved its adoption;
said motion being seconded by Councilman Walls
Upon roll call said Resolution was duly declared
adopted at a meeting of said Council on the 2BCh day of
April, A.D. 1966; the vote of said Council on said roll
call being as follows:
i
- 3 -
k
STATE OF FLORIDA )
) as.
COUNTY OF VOLUSIA )
City Clerk of the City
of Edgewater, F orida, DO HEREBY CERTIFY that the fore-
going is a true and correct copy of Resolution No.
entitled, T
"A Resolution Approving the Form and Substance
of a Bill of Sale, herein set forth, to Provide
for the Sale of the Electrical Distribution
System, therein described, by the City of Edgewater
to Florida Power & Light Company; Authorizing
and Instructing the Mayor and the City Clerk to
execute said Bill of Sale",
adopted by the City Council of the City of Edgewater,
Florida, at a regular meeting thereof held on the
Aril, 1966.