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1926-02-16 Regular J - - - - --.-- - , 1 109 I. A. Steed & Sons Estimate # 3 Paving cont~act 973.89 I merican caS1,.," Iron P.Co. Cast iron 'pipe Hillsboro Line , 2108.35 r~ . E. Lawreno,e Bill of Jan. 1, on Mitchum-Steed contract 1087.20 ;>-' I . E. Lawrenae Bal.of bill of Jan. 1, tt "" 335.92 '.1 FIRE PROTECTION FUND I arcus Clements Fire at Elledge sub-division 1.00 hea turn Lamb' """" fI 1.00 Gulf refinin~ Co. Gas & Oil for fire engine 8.05 . W. Hampton Salary for January 150.06 I I ¡ Water Fund ¡Gulf Refinin~ Co. Gas & oil for water dept 111.73 IL. C. Tootle' Salary for January 250.00 Price Fipps " " " 150.00 ! 'I I Upon motion Council adjourned. r I ð¡lð~p-- II Pres1den . 1 ty Council r I,~ttest:~,." ~ I Ie, y 0 er I ','- ¡ . , I i , Okeechobee, Florida, February 16th, 1926. i - II T" City Council of the City of Okeechobee, Florida, met in regular sessio i , !at 7:30 0lc14ck P. M. on the above date and the following were present: T. W. Conely, I , Jr.,Mayor, H.H.DeY~rman, President City Council, Councilmen, L. F. Scharfsbhwerdt, I I ; ¡H. T. Bass, J. D. Bird, and H. H. Hancock, with R. P. Fletcher, Clerk, L. W. Jennings City Attornej, F. E. Lawrence, City Engineer, and W. E. Darrow, associate City Eng- i,~;'. -,I ineer, in at4endanoe. ", II Minutes of meeting held February 2nd were read and approved. II !1 Mj. G. S. Childs appeared before the Council and øffered.'tentative plans I I - I .. ,- ¡for proposedimunicipal building. I I r: ii, MI. Bethel Sloan appeared before the Council in regard to sewer connection ~. Irorhls new ~=~y, Md the œtter was rsferredto C1ty Eng1neer. c- II' M$yor Conely addressed ðouncil relative to grading Ok~ Street from i¡Eighth Stree-C to North Park Street. ! I, U1Ìon motion by Oo~cnlman Bass, seconded bll Councilman Bird, the Council . lauthorized tJìe grading <>I O~e Streetfrom Eighth Street to North Park Street. 'I - II Mn. C. E. Simmons appeared before Council and requested Council to grant Ii ¡lh1m p.rm1SS1~ to erect small building on Lot 1, Block 167 to be used to install his fhotostatio ,.chine in., " .. - II .. UIfn motion bll Councilman Bird, seconded by Councilman Bass, Council grant r lied C. E. Si_ns permission to erect small building on East side of Lot 1, Block 167 L . ~. i recording , . lito install anp operate his photostatic/machine in. . ~ . ¡¡- il UpOn motion by ConncilØla.n Bird, seconded by Oouncili,Hancock, Council autho - Iii zed purchas~ of 1500 feet of Parogan fire hose of Eureka r1re Hose Manufacturing Co. ~t 11.50 per toot. II U~n motionby Councilman !¡ird, duly seconded and carrisd, Council authoriz d Ii II - ~ -~ --~~----- ~ - -- - - ~-~--~~ --1 I 110 'I î \ resident of Council E;. d W. ty. Clerk to execute, contract with Eureka Fire Hose Manufac 'Lé>1o ,~ i ring Co. fO"¡¡$l~" r foot with terms four months net or twelve months with interes J ~t (¡f. from June 15th, 1926. ' ," I Upon motion by Councilman Bass, secon44d by Councilman Hancock, the City I was instructed to investigate and make report as to requirements for paving, of both sides of Parrott Avenue between North Park Street and Street.;:., Mr. D. R. McNeill appeared before Council relative putting in culverts in . around his residence. Upon motioÞ by OO'dlncilma,n Bird, seconded by Councilman Hancoèk, Council anted D. R. McNeill permission to fill up ~ tch on Parrott Avenue in front of his ), open ditch remainder of distance to ninth street and put in 150 feet of- I ulvert ~ Ei~th St~et ~ South side of his resid~ce. l II Upon motiQn by Councilman Hancock, seconded by Councilman Bird,Oouncil - ruthorized the Southern Utilities Co. to place street lights on Tallahassee Street ! ' "I ~etween South Park S1xeet and Seventh ~nd oa North Park Street at intersection of Nor~ ark Street and Ok~ee Street. I Upon moti~ by Councilman Scharfschwerdt, seconded by Councilman Bird, the I ater supenintendent ~as instructed to install fire plug in water main at intersectio~ Park street and street between residences Of~J. E. Price and F. M. Mobley; I Upon motion by Councilman Soharfschwerdt, duly seconded and carried, Ooúnci ppropriated $25.00 10 pay for advertisement in Firemen's Booklet,and agreed to pay of J. w. Ha$pton to State Firemen's Convention at Palatka. Upon moti.n by Councilma,n Scharfschwerdt, seconded by Councilman Bird and I uly carried, the Ci~y Attorney was instructed to prepare resoihution providing for th~ ondemnation of buil~ing on Lots 5 and 6, Block 168. I ~ Application of F. J. Godwin for position of street foreman w~.s received an i i, J ~ ,~ " ~ Motion wat made by Councilman Sohaffschwerdt, seconded by Counc~lman Bass, employ F. J. Godwin as street foreman at a salary of 1150.00 per month. , .r carried. UpOD.,.motion Council adjourned to meet at 7:30 o'clock P. M. February 23,19 . ! I , "^' i i Pursuant to adjour~ent the City Council met at 7:30 o'clock P. M. February I 3, 1926 and the following were present: T. W. Conely, Jr.,mayor, H. H. DeYarman, Pres dent City Council, (Jounoil~, L. F. Soharfsohwerdt, J. D. Bird, and H. T. Bass, with . P. Fletcher, Clert, F. E. Lawrenoe, City Engineer, W. E. Darrow, associate City ,ngineer" and L. w".ennings, City Attorney in attendance. I J Mr. Ell~S, representative of the Florida Power and Light Company addressed! he Council relative to Council granting new franchise tc said company. Ii Ordinance No. 107 was offered by Councilman Bird who moved its adoption, I motion seconded by founcilman Bass. I Read a fitst time and by unanimous vote passed to a second reading. * ~., 111 I ! Read a s,cond time and by unanin:oue vote passed to a third reading. , , I - r- i Read a third time and passed in open session of the City Council by the follow I~. ~'1 vot~: . ! I yeas' Nays II H. H. D~arman .L. F. Scha.rfschwerdt I f H. T. B+s t J. D. B*d .. ! ORDINANCE NO. 107 . ~ II AN ORDP.LNCE granting to Florida power & Light Company, its 8uc:;essors and I' 1T i I a€signs, the ~ght, t)rivllege, or franchise for the period of thirty years, to ccn- , r I struct, maintfn and operate in, under, upon snd across the cresent and future stree (' avenues,' aIle., highways, bridges, easements and other r>ublic places in the City of :wl Okeechobee, F1frida, and its successors, electric light and power lines, together wi all the necestry or desirable aupurtenances, for the purpose of suppling electricit t to said city, land its successors, the inhabitanys thereof, and to úersons and corpor- ations 'beYOndfthe limits thereof, for light, heat, power and other purposes, and im- t posing Drovistons and conditions relating thereto: . Be i t ~",da.inet by the City C OWlC 11 of the City of Ok e echo], ee, Fl or ida. : I SECTION¡l. That there is hereby granted to the Floridá Power &Lights Company, Ii ts - succes~or. and ass igns (herein, called the Grantee), the right privilege 0., fran- ¡ chise ~or the full period of thirty (30) years from the date of acceptance hereof, to construct, ma ntain and pperate in, under, and across the present and future streets, lavenues, all s, highways, bridges, easements, and other Dublic places in the City of r ' Okeechobee, orida, and its successors, electric light and úower lines togethe£with all the nece ary or desirable appurtenances (including underground conduits, poles, C, \towers. wire! and transmission lines, and for its own use, telephone end telegraph r ¡line" ~ for tit purpo Be of su'Op1 ring e1 ee t r i city to said town. and it s suee ess ors . the . ,Iinhabi tants tereof, and persons and corporations beyond the limits thereof, for ligh f ~heat, power d other uurr>oses. This grant is made in.. consideration of the construct-I " " , " '~on, minten ce and oueration of the electric li~t and power lines by the grantee ,þerein provi d for, and for the benefi ts and conveniences to the inhabitants of said ~in aB a ~I" ~~~. II SECTIO~ 2. That the C1 ty of Okeechobee, Florida, hereby reserves the right at -0 I 0' fter expira1ion of the grant, to purchase the,property of the Grantee used under th1 ~ o- j; rant, as pr4v1ded by the laws of Floric;ia, in effect at the time of the Grantee's l r- cceDtance h~reof, including Section 1~44 of the Revised General Statutes of Florida '- f 1920, and1as a condition orecedent to the taking effect of this grant, the Grantee - i hall give a.fd grant to the City of Okeechobee, Florida, the right to purchase so re- I erved, -- Grantee shall be deemed to have given and granted such right of purchase by i he act of atceptance hereof. "', I SECTIO 3. That poles and towers shall be so located or relocated and so erecte s to interf re as little a8 possible with traffic over said streets, avenues, alleys I i 112 ; ì I \] II I I I highways, bride=es and public Dlaces, and with reasonable egress from and egress to ,,'r¡i .~I i tabutting Drouerty. The location or relocation of all Doles, towers And conduits J I I 'II be made under the EupernslCm eM Wlti1 "" approval of such representatives as the C y .. , Ii Council of the ca ty of Okeechobee, Florida, may designate for the puruose but not s. as unre.son.bly to iaterfere with the moner oueration of Grentee's lines and servic~. Ii Ii SECTION 4. T':Htt the Ci ty shall in no way be liable or resnonsible for any I 1 I accident or damage that may occur in the construction, oneration or maintenance by t~ ,! 1 I! Grantee of its linnet and annurtenances hereunder, and the acceptance of this fr8nchii e !I :' i.",1 811,"111" be deemed 'an, fI",r".. reement on th,e part of said 3rant ee to indemnify said, city and jl II hold it harmless agéilnst any and all liability, lOBS, cost, damage or expense which II !I may R ccrue to sa id ;Jt. ty by reason of the neglect, default or misconduct of the Grant} 1,.,,1 in the ~onstruction, oneration or maintenance of its lines and 'aD, "urtenances hereund~ . ' ! SECTION 5. Thet all lines constructed under this grant shall be constructed I l ! and maintained in acÞordance with established nractise. with respect to e1èctrical - II construction and rna intenance. i , I II SECTION 9. The: Grantee agrees to make promptly such extensions to its' existing , , I facilities as may be' required by one or more customers, or prospective customers, I, III provided, that if the revenue tobe derived therefrom shall not afford a fair and re- I asonable return on the cost of nroviding and rendering the required service, then tb 1 I Grantee shall be 7Jerlnl tted to, and is hereby authorized to, exact from such customer lor customers such cash advances, minimum guarantees, service guarantees and or other II arrangements, as will enable Gr~ntee to earn a faìr and reasonable return on the cos II II of nroviding and rendering the required service. 'I 11 SECTION 7. Toot the rates fixed by the Grantee from time to time shall at all. in . III times be just and r7 oonable; and, subj ect to reaeonable. minimum Ch~rge~ and sarvica I : guarantees, Grantee'~,'s net rates fO~ electric energy furnlshed for llghtlng 1)urposes l. . I shall not exceed l5~ per kilowatt hour. I SECTION S. T~'t said ~i ty a grees to pa ss all ordinances necessary or sui table, '1 , I both for the nrotec1iion of the rights and property of said Grantee, and to enable sai I , ' Grantee 'to enforce c:my of said Grantee's rea80n8.ble rules and regulations for the : management, oneratiÒ!l and control of the service hereunder, and to pass any ordinanc or ordinances tha,t !lay be necessary or sui table in order to fully confirm to said " I Grantee the rights herein or hereby granted or intended so to be. i SECTION 9. THat when any nortion of a street is excavated by Grantee in the 1 location or relocati,on of any of its conduits, noles, towers, wires, and tran,smi tt,l°l lines, the nortion of the street so excaateà shall, within a reasonable time and as practicable after Guch excavation be replaced in as good condition as it was at the i~ time of excavation. SECTION 10. That failure on the part of the Grantee to comp.ly in any"'substanti 1 respect with any of the rÚovisions of this franchise, shall be grounds for a forfei t- ure of this grant, ~ut no such forfeiture shall take effect if the reasonableness or propriety thereof if pDotested by the Grantee until a court of a competent jurisdicti n, ~ ". I j '~ I' ~ 113 ¡ (with right Of appeal in either party) shall have found that said Grantee has failed r I to comoly in " substantial respect with any of the provisions of this franchise, and: ,-' the Grantee sh"ll have six(6) months after the final determination of the question:, to make g_ood ti,' e defaul tbefore a forfeiture shall result with the right in the Ci ty II -', II Council at i tat discrètion to grant such additional time to the Grantee for complianc as necessitiesfin the case requirei I ¡ I SECTIONI,ll. That the Grantee is hereby given the right and authority to make I { II assignments Gf'this right, privilege and authority and the rights hereunder, all II aSsighe~S tobt bound to the same as the orig,inal Grantee. , ~ SECTIONI12. This ordinance shall take effect as soon as it shall have been r II duly ao~~oved .nd adopted as required by law and accepted as required herein. In the I !event, the Gra¡tee shall surrender or procure the surrender of to the City ofOkeecho , r i ' I . ¡,bee, Florida, .t any time during the life hereof, all the right, title and interest f Ii Southern Utili~ie8 Company in and to the certain franchise granted to Okeechobee Ice 'I ; 11 Company, passe" October 10,1916, and anproved October 10,1916, the City agrees to II , il accept such surrender and thereupon such franchise granted to Okeechobee Ice Compa,ny Ilshàll be and bfcome null and void. II SECTIONÍ3. That the Grantee shall filei ts written acceptance of this franchi e II wi th the 01 ty þl ex k of the 01 ty of Okeec hob ee, Fl ox ida, within thi x ty (30) da ye afte II it shal"l have ~een duly approved and adopted as required by law. ~ SECTIOID14. That all ordinances, and parts of ordinances, in conflict herewit II ' , 1¡lbe and tne sar+ are hereby repea,led. I ¡ , ,passed~.," nd a.dopted this 23rd day of Febr'uary 1926. (Corporate Be, , ) A tteet :". " , ! R. P. etcher H. H. DeYarman ,. I I ,~r Ci t , Cler President City Council r, Approved by met this 2nd day of March A. D. 1926. , ,I . ! !t W. Conely, Jr. i ",,' Mayor I r I' '," t I M~tion ~as made by Councilman Bird,seconded by Councilman Bass that Council !auprove tran8~r of $1000.00 on February 7,1926 from Paving Lein' Fund #=10 to General I . I ' t! ¡Fund and thatrlerk be instructed to transfer $500.00 from Paving Lein Fund #=10 to II. & S. Water ~orks Extension Bond Fund #20. Motion passed. 'I ,~ I Up~n m1ion by Councilman Bass, duly seconded and carried Council appropriate 1$250.00 for laror on bandstand. II ," The Oi tf". Engineer wae instructed tc investigats and make report aa to cost of ¡draining north,west section of City west of F. E. C. Ry. tracks. r¡ ! Upon motion Council adjourned. \ II' II' ~ ---- ~.~,:',' City Council ¡Attest: I 'I v y ,,", er i t I! ~eechooee, FloriM. March 2nd, 1926. II ~