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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 cc �J 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.