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1938-09-13 Regular 581 Ok~~chob~~, Florid~. Sopt. 13, 1939 I The Ci~y C,uncil of Okeoch8b.e, Florida, mot in regular .e.sion on ~he ~b.v. d&1e a~ seven-1hirty o'clock a~ the Ci~y Hall, wi~h ~he foll.wing members presen~: W. J. Hendry, ¥~yor, H. H. Rauler.on, Preliden~ Ci~y Council, Councilman Brus,Walker, ~nd Swain, wi1h Alii. WIi.1iford, City Clerk, T. W. O.nell, Ci~y A1i1i.rney, L. L. Conrad, Ch~if of Polic~, and N. O. Stew&r1i, Fire Cheif, in a1itendance. Councilman Swain presented 1ihe fallowing Ordinance and moved its adop1ion, upon being duly .econded by Councilman Walker m.~ion was pa..ed and carried: 0 R DIN A N C E NO 191 4IÞ AN ORDINANCE PROHIBITING THE LAYING OR CONSTRUCTION OF PIPE L~NE TO BE USED FOR TRANSFORATION OF GASOLINE IN THE.CITY or OKEECHOBEE WHERE SUCH PIPE LINE IS IN EXOESS OF 100 FEET: TO PROHIBIT THE 8.' LAYING OF PIPE LINE TO' BE USED FOR THE TRANSPORTATION OF GASOLINE ~ ACROSS OR UNDER ANY STREET IN THE CITY OF OKEECHOBEE¡ DEOLAR¡NG IT TO BE UNLAWFUL FOR ANY PERSON, FIRM OR CORPORATIOä TO CONSTRUCT AND/OR INSTALL ON OR AFTER THE EFFECTIVE DATE OF THIS ORDINANCE FACILITIES FOR THE STORAGE OF MORE THAN ONE (1,000) THOUSAND GAL- LONS OF GASOLINE AT ANY GASOLINE FILLING STATION AND/OR SERVICE ,STATION IN THE CITY OF OKEECHOBEE; PROVIDING PENAL!IElSFOR VIOLATIBa THE PROVISIONS OF THIS ORDINANCE. BE IT ENACTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF OKEE- OHOBEE, FLORIDA. . Sec1ii.n 1. Thai from and af1ier ,he pas.age of ~his Ordinance i1i .hall be unlawful fer any.n~ 10 consiruci, lay or cau.. 1io be consiructed or laid any pipe line iio be us.d f.r iihe purp..e of iransp.r1ia1ii.n of gaso1in. ~ere such pipe line shall be in exce.. of one hundred (100) f..1i. . Sec~i.n 2. Iii sh~ll b~ ~11&wfulto consiruc1i, lay or caU8~ t. be oon.~ruc'e or laid a pip. line fer the purpo.e of transper1iating ga.o1ine acr.s. or under any stre.t within'1ihe Ci~y of Okeechebe.. Secti.n 3. For iih. pre.erva~ion of public .afiy and prevontion.f addiiiona fire hazard., ii i. hereby d~clared to b~ unlawful and a violaiii.n of the provision. of ihis Ordinanco for any per.on, firm or cerporati.n to consiruci and/or insiall an or after the effective daie of thi. Ordinance fåëiliii.. for ~he siorage of mare th ene (1,000) thousand gallons of ga..lino filling .iati.n and/ors8rvice .iaii.n. I Section~. Any per..n, firm or corporation vi.lating åny ~rovision.f thi. . Ordinance shall b. puni.hable by a fine not exceeding 1iwo hundred ($200.00) Dollars or by impri.onmen1i in the City Jail for Ii. term no1i exceeding thirty (30) day..r by both such fin. and impri..nm8nt in the discreti.n of 1ihe Mayor. 4IÞ Section ~. All Ordin&nce. or p~rts ef Ordinance. ins.far as the .am. may be incen.i.tant or in conflict wi~h this Ordinance be, and iihe .am. are, hereby repeale . CITY OF OKEEOHOBEE, FLORIDA BY H. H. Raul.rsen Pre.id~ni, Ciiy Council ATTEST: Alt. Wa"if.rd .. City Clerk The ab.ve and foregoing Ordinanco is herliby APPROVED by m. ihi. ~ day I .f,B~h~er, A. D. 1939, W. J. Hendry MAtOR , Upon moiion made by Councilman Walker and .econd.d by Counèilman Bras. 1ihe foll.wing Ordinance was duly pa..ed and adep1ied: ' , ~~ .. 582 0 R DIN A N C E ~O. 192 APPROVING A MUNICIPAL STREET LIGHTING AGREEliENT WITH FLORIDA 0 POWER & LIGHT COMPANY PROVIDING FOR THE FURNISHING BY SAID COMPANY AND THE PURCHING BY THE CITY OF OKEECHOBEE, FLORIDA, OF ALL ~LECTRIO ENERGY AND SERVICES NECESSARY FOR THE OPER- ATION OF THE STREET LIGHTING SYSTEM WITHIN THE SAID CITY OF OKEECHOBEE, AND SETTING OUT THE TERMS AND CONDITIONS UNDER WHIOH THE SAID ELECTRIO ENERGY AND SERVICES SHALL BE FURNISHED B!YSAID COMPANY AND PURCHASED BY SAID CITY; AUTHORIZING AND DIRECTING THE MAYOR A~m THE CITY CLERK OF AND ON BEHALF OF THE CITY OF OKEECHOBEE, FLORIDA, TO EXECUTE AND ENTER INTO THE SAID MUNICIPAL STREET LIGHTING AGREEMENT WITH FLORIDA POWER & LIGHT COMPANY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, , FLORIDA; 1. That the proposed Municipal Street Lighting Agreement with Florida ~ Power & Light Company, which is hereinafter set forth in form in section 2 here- of, be and is hereby approved in form and substance. 0 2. That the Mayor and City Clerk of and on behalf of the Oity of Okee- chobee, Florida, be and they arc hereby directed to execute and enter into with Florida Poweri&Light Company the said Municipal Street Lighting Agreement approved in section 1 hereof and hereinafter set forth in form as follows: . MUNICIPAL STREET LIGHTING AGREEMENT Form 216-A 500 10-30 . \ -THIS AGREEMENT made this ~ day of September, 1939, by and between the City of Okeechobee, Florida, a Municipal Corporation organized and existing under the laws of the State of Florida, and its successors (hereinafter called the Con- sumer), and FLORIDA POWER & LIGHT COMBANY, a corporation organized and existing . under_the laws of the State of Florida, its successors and/or assigns (hereinafter called the Company). ., - WITNESSETH: THAT for and in consideration of the sum of One Dollar ($1.00) paid by each party hereto to the other, and of the covenants and agreements herein set fortl, the parties hereto covenant and agree as follows; ARTICLE 1. THE COM? ANY AGREES: Section 1. Insofar as reasonable diligence will enable it to do so, to 0 furnish electric energy to the Consumer for the street lighting 'system within the. corporate limiia of City df Okeechobee, Florida, from dusk to dawn, in accordance with the terms and provisions hereof. Section 2. To install on the Company's existing distribution poles within ~ (:) thirty (30) days after receipt of written notice from the Consumer, overhead bracke street lights, and to connect said street lights to the Company's overhead street lighting circuits, and to maintain, repair, renew and clean all of the overhead ! street lights now or hereafter installed in City of Okeechobee, Florida, provided, ~ however that in the event it shall be necessary for the Company to extend ~t's streot lighting circuits more than 300 feet in order to reach any additional over- head bracket street light ordered by the Consumer, as herein provided, the Consumer agrees to reimburse the Oompw1Y for the cost, in excess of 300 feet, of making such extension to its street lighting circuits, including the cost of poles. I . Section~. To serve Consumer's "White Way" and/or other type of ornamenta post or ornamental bracket street lighting system which is now or may hereafter be installed, or W1Y extension thereof, and to extend the Compæ1Y's overhead streot lighting circuits to the point of connection of the Consumer's underground cable ¡ connect ing together stroot light s forming the Oonsumer' s II Whit e Way" street light- I ing system so constructed by said Consumer, provided, however, that in the event it [)" shall be necessary for the Company to extend its stroet lighting circuits more than 300 feot in order to reach such point of connection, the Consumer agrees to reim- burse the Company for the cost, in excess of 300 foet, of making such extension to iis overhead streot lighting circuits, including the cost of poles. Section ~. To clean all glassware When necessary and to furnish lamp re- newals for the "White Way" streot lighting system which is now or may heroafier be . installed by the Consumer. In the event the Consumer shall request the Company and~ shall also pay the additional charges hereafter provided in Section 3 of Article 11! hereof, the Company agrees to maintain said "Yfni te Way" system, provided, however, 583 in no even~ shall ~he Company be liable to replace or repair broken or damaged "Wbi te Way" posts. I The Oompro1Y, however, reserves the right to exclude cable replacements as a maintenance obligation hereunder when, in its judgment, the type and quality of . cable used and the installation of such cable has not beon in accordance with good electrical prac'iioe. Section 6. To chro1g0 the location of any street light in use upon thirty (30) days written notice from the Consumer and upon payment by the Consumer of the cos~ of such change. ARTIOLE 11. THE OONSUMER AGREES: Section 1. To purchase from the Company all electric energy and services necessary for the operation of the street ligh~ing system within the corporate limits . of City of Okeechobee, Florida, Which is now or may hereaf'ier be installed, the min- imum requirements for which shall at all ~imes equal that of ~he present installation as set forth under Sec~ion 1 of Article 111 hereof, plus tha~ of all additional in- s;;alla~ions made by the Company and/or the Consumer, under Article 1 of this Agree- 4IÞ mente Section 2. To pay for all the energy and services furnished by the Company a:~ -She office of :~he Company in City of Okeechobee, Florida, in accordance wi -sh the I schedules marked Schedules S-l and s-I¡., aUached here~o, and made a par~ hereof. Sec~ion 3. In the event the Consumer shall request the Company to maintain the "White.Way" system as provided in Section 5 of Atticle 1 hereof, to pay the Com- pany monthl'y additional amounts at the rate of $10.00 per year for each s,reet light of the "White Way" system or -part thereof so maintained by the Company. Section~. To construct, renew, repair and maintain the underground cable connecting its "White Way" e:n.d/or other type of ornamental post or ornamen'ial btack:8t street lighting system and the posts thereof so that at all times said "WhtJe Way" s*tee.tlighting system shall be in a safe condition and, in the event it 's~ll become necessary to reinforce or rebuild said system in order that it may be properly served in accord~ce with good electrical practice, to so reinforce and rebuild àaid system and to protec'i and save the Company harmless from any and all loss, cosi, damage or expense that it may be caused to the Company by-reason of the failure on the part of the Consumer io properly construct, renew, repair aIld/or maintain said "Whi1¡e Way" street lighting system in accordance with 1¡he provisions hereof. ARTICLE Ill. IT IS MUTUALLY AGREED: Sec1¡ion 1. That the presen1¡ street lighting system within ihe Corporate limiis of City of Okeechobee, Florida, consists of: ; :}oS,. 100 (candle power) lamps I 250 II " " ~OO" " it . - - 600" " " " " " " " It , - - - . " 11 . supported on bracket type fixtures, owned by the Company, and 250 (ca~d1e power) lamps , ~OO It " .. 600" II " " " " I . . '. . 11 " " supported on "White Way" and/or other type of 'ornamental post or ornamental bracket fixture, owned by the CompaIlY, and 250 (candle power) lamps - . ~O " 11 " 600 " 11 . I -- 584 ! 150 watt lamps in operat i,on; - noi in ope rat ion 100" It " II O. - 3"1"~ 75" II .." !!.Z-..... . suppor1¡ed on "White Way" om/or other 1¡ype of ornamen1ial post or ornamental bracket ifixture, owned by "ihe Consumer. I Section 2. That by Itstree1i ligh1iing" as used in this Agreeme111, is mean1 the lighting of siree1is, avenues, alleys, parks and public places o"iher than the in- "ierior of public buildings. ' Section 3. That no liability to furnish or "iake service shall exigi at any time that either party is preven"ied from complying wi"ih this Agreement by legal pro- ceedings, s"irikes, lockouts, fires, rio1is, acts of God or "ihe public enemy, or, in case or cases no"i under the control of the party thus prevented from the comiliance, or by reason of any partial, tempor~y or entire shu1i-down of service which, in the opinion of "ihe Company, is necessary for the purpose of repairing or making more eff~~ cien"i all or any par"i of its electrical generating or other electrical equipment. Sec1¡ion 4. That the Company shall use reasonable diligence to provide 'con- ~ tinuous service during lighting hours, and, having used reasonable diligence, shall not be liable for any outage. 0 Section 5. That the Company may substitu"ie for any lamp installed other lamps of a1i least equal illuminaiing capacity and efficiency as improvemen"is in the ar"i may make such lamps available, but no change shall be required in the size, style or capacity of any lamps wi thou"t the Company' s co11sen1;. The Company when reques"ied in writing by "the Consumer will replace any lamp with one of increased candle power, in which case the monthly bill or bills thereafter rendered shall be correspondingly increased. ' Sec1;ion:á. That this Agreemen'i shall be for a term of "ien (10) years from May 1, 1935, proYlded, however, that in the even"t the Company is required to install - and/or serve additional street 1igh1is at any time or from time to time wi1ihin two (2) years prior to the expiration of this Agrecmeni or of any extension hereof which in ihe aggregate equal twenty (20) per centum of the number of street lights served by ihe Company at the beginning Or the said iwo (2) year period, the term of this Agree- meni shall, at the election of the Company, be extended for a furthe~ pariod or per- iods of five (5) years, and further provided, in the event ihe Company is requesied "to ins1ïall andlor serve addiiional streeilights at any time or from time to time within "two (2) years prior to the expiration of this Agreemen"t or any exlension here- of, which, however, in ihe aggregate do not equal or exceed twenty (20) per centum of the number of s1ireet lights served by the Company at the beginning of "the said "two (2) year period, then and in that eveni the Company may refuse to install and/or serve such additional street lights unless "the gross revenue to qe received during I the then remaining life of this Agreemen1i IDlder ihe terms and provisions hereof will equal a"t leas1i twice "the total cost to the Company of such ins1ïallation. The Company shall be deemed to have exerised its election when it shall have mailed a notice to that effec1 addressed City Clerk, of Ci1ïy of Okeechoùee,' [) Florida, Section l-A. That the said 47 - 75 watt "White W¡ty" underground, City owned s1ree1i lights which are not now in operation shall not be paid for by the Oonstwer while the same are no1¡ in operation and r.emain disconiinued. At any time 0 or from time to time during the term of this Agreement, at the request of the Con- sumer, the COmprolY will restore to service any or all of the said stree1ï lighis not now in operation and af1¡er such restoration to service the Company will bill the Oo~ sumer and the Consumer will be required to pay for such street lights restored to I service in accordance with the 'terms and provisions of this Agreomeni. Sec'tion 6-A. That that certain S1ireet Lighting Agreemeni dated the lsi. day of October, 1937, now in effeci between ihe Consumer and the Company and coverin{ the Consumer's street lighting system described herein in Section 1 of Article 111 be, and the same is hereby cancelled mld terminated. Section 7. That should the Consumer fail D.i any time to pay for the elec- tric ener~ .and.se~vice furnished heretmder or oiherwise fail to perform any of the ~erms and conditions of this Agreemen~, ihe Company, at iis option, may refuse to mwe any addiiional installations under Article 1 of this Agreement and/or cease io suppl~ electric energy wld service io the Consumer hereunder until the Consumer has made such payments or otherwis. fully complied with all1ïhe terms and condi"iions of this 0 Agreement, it being lli1derstood andagre.ed, however, that such refusal to make addi- tional installations and/or discontinuance of the supplying of electric energy and service shall not be a breach of this Agreement by the Company and shall cancel:.a.ny of the terms and conditions of this Agreements. Section ð. That this Agreement shall inure to the benefi1i of and be bindin¡ upon ~he successors of the ConsŒner and the successors and/ror assigns of the Company -~~-~~~p - 58.5 IN WITNESS WHEREOF the parties here~o have hereunto caused this instru- ment to be signed in ~riplicate by their duly authorized officers and their official seals to be hereun~o affixed the day and year first above written. I Wi~ne.BeB for ~he ConB~er: CHY of Okeechobee, Florida By W. J. Hendry Mayor - Alma Sherman Attest: E. E. Peeples Alto Watford -. ..' .- ..._-þ- City Clerk . I WHneaaea for the Company: Florida power & Light Com¡¡an)l By .Ereeident and General Manager Attest: Asst. Secretary Approved as to form and correctness this 13th day of September, 1935. T. W. Conely, Jr. Attorney for Okeechobee. Florida . PASSED AND ADOPTED in the City of Okeechobee, Florida, this 13th day of September, 1935. H. H. Raulerson . Prèsident of the Oity Council , I . - . S. iii. Swain . . 4IÞ . A. W. Brass J. H. Walke~ Sr. Counci en APPROVED this 13th day of September, 1938. W. J. Hendry MAYOR ATTEST : Al to Wat ford City Clerk, I . Resignation of L. C. Tootle, Water Supt. was received. Upon motion of ' Counc~lm~n Brass and duly seconded by Councilman Swain, said resigna~ion waà accepte and carr~ed. ,~ Councilman Bras~ made mo~ion to employ Ches~ McCain as Wat er Supt. at ~lOO.OO per month. Counc~lman Swa~n seconded and mot~on was duly carried. I . I , 586 There being no further business to come before the Council at this time ~1d upon motion made, duly seconded and carried, Oow1cil adjourned. ' Presldem 0 ATTEST: City Clerk / Okeccbobee, Florida October 18, 1939 , Pursuant to the adjourned session of the City Council, the City Council of the city of Ocheebee, Florida at the city hall on the above date, at 7.30 P. K. with the following numbers present: ..J. Hendry, Kayor: H. H. Raulerson, president ~ of the City Co=c11; C~Ci~~. C~breth. Walker; lito ~ford. City Clerk; O. .. N. 0 Stewart, Fire Chief; T. W. Conely, Jr., City Attorney; L. L. Conrad, Chief of Police. Mayor Hundry stated at the purpose of the ~eeting was for the City Council to sit as an equalization board and. other business that might come be- fore the City Council. , Upon motion wouncilman Culbreth and seconded, by Councilman Walker the City Council preceded to sit as an equalization board pursuant to the following notice: NOTICE Notice is hereby given that the City Council of the City of Okeechobee, Florida, will meet in Council Chamber at the City hall at 7.30 o'clock P.K. October 18, A. D. 1939, for the purpose of reveiwing and equalizing the city tax assessment roll,) for the yeaT J.93g, as prepared by the city tax assessor. ~ ~ ~l perBo~ h~1~ ~ ~ject1onB to the val~ti~B placed a placed on their property by the city tax assessor, as shown by the assessment roll, are hereby notified to file their objections with the city clerk, or to ~ appear in persoh before the City Council. At the said meeting on the afore set day. By H.H. Raulerson President City Council Alto Watford ATTEST City Clerk (SEAL) State of Florida, County of ~e ~n this day pèrsona.l~y appeared before, BJyant Bowden, who being by me first a duly sworn deposes and says that he is the secretary and treasurer of the ", 0ì@1!S@88@@' news, a newspaper published in the ç:ity of ~and state of - Florida;that said newspaper haå been continuasly published in accordance . y '~ith the provisions and requirements of an act relating to publication of legal notices and processed in newspapers in the state of Florida,~laws of Florida