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1933-06-06 MINUTES CITY COUNCIL MTGf' MINUTES OF THE REGULAR MEETING° of the City Council: of the City of South Miami, held at the City Hall June 6th, 1933 at 8:00 O'Clock P.M. The Meeting was called to order by the President of the Council, Mr. Beaver, those present being Councilmen Yarborough, Chubbuck, Sohmacker, Cordell, Metger and Beaver'. The Clerk read, the minutes of the Regular meeting of May 2nd, 1933, and of the Special Meetings held May 5�h, u 1933, May 6th, 1933 and June 2nd, 1933. There being no corrections the minutes were adopted as read. Ordinance Number 65 was brought up for discussion following which Councilman Yarborough moved that Ordinance Number '65 be amended to read as follows: "An Ordinance amending Section 7 of Ordinance Number 19, relating to lae revision of the voting list and the removal of names.of in eligible and deceased electors therefrom." Be It Ordained by the Mayor and City Council of the 'City of South Miami,,; Florida: That Section 7 of 'Ordinance Number 19 be amended to read: The City Council of the City of South Miami, may act as a revision board in correcting and revising the registration books of the said City of South Miami at any time not later than 30 days previous to any election to be held in said City of South;Miami, by a motion of the City Council duly, passed at any regular meeting of the City Council or any meeting called for this purpose." This Ordinance shall "take effect and be in force upon its approval and adoption by the City Council of the City of South Miami, Florida." The motion was seconded by Councilman Sohmacker and was carried by poll as follows: Yarborough yes Cordell yes Chubbuck yes Metger yes Scbmacker yes Beaver yes reeding.. Ordinance Number 65 was then given the third Motion was offered by Councilman Metger and seconded by Councilman Schmacker that Ordinance Number 65 Q } ,J be4- ,adopted as amended. The motion was carried by poll as .follows: i. Yarborough yes Cordell yes Chubbuck yes Metger yes; Scbmacker yes Beaver yes; Councilman Chubbuck moved that the bill of $18.00 for office help be allowed and ordered paid. The motion was seconded by Councilman Metger and carried by poll as follows: Yarborough yes Cordell yes Chubbuck yes Metger yes J Schmacker'. yes Beaver ye A motion was made by Councilman Chubbuck that the request of Mrs. Felix for the withdrawal of tax certificates on Lot 38, Felix Court, from sale be tabled indefinitely. The motion was seconded by Councilman Yarborough and was carried unanimously. The Clerk presented a communication from Mr. Breckenridge in regard to the temporary injunction suit against E. B. Leatherman. After some discussion on the matter, Councilman Chubbuck moved that City Attorney Sullivan; be instructed to file answer to said suit and take any other steps necessary in defense of the oityls interests. The motion was seconded by Councilman Metger and was carried unanimously. Councilman Beaver brought up the proposed plan of the Florida Power and 'Light Company for reducing the number of street ligh`te. After much discussion by Councilmen and visitors present, Councilman Schmacker moved that Resolution_ Number 87, which reads as follows be adopted as read: RESOLUTION NO._ APPROVING A PROPOSED LETTER AGREEMENT OF'FLORIDA POWER & LIGHT COMPANY PRO- VIDING FOR THE TEMPORARY DISCONTINUANCE' OF CERTAIN STREET LIGHTS HERETOFORE OPMATED UNDER THE MUNICIPAL STREET' LIGHTING AGREEMENT IN EFFECT BETW &I THE CITY AND THE COMPANY DATED THE 7th DAY OF JANUARY 1930; AUTHORIZING AND DIRECT ING THE MAYOR AND THE CITY CLERK OF AND ON BEHALF OF THE CITY TO EXECUTE AND ENTER INTO THE SAID LETTER AGREEMENT WITH FLORIDA PO14ER & LIGHT COMPANY BE IT - RESOLVED THAT THE MAYOR AND THE C ITY CLERK OF THE CITY OF SOUTH MIAMI, FLORIDA: 1. That the proposed Letter Agreement with Florida power & Light Company which is nereinafter set forth in Section 2 hereof, be and the same is hereby approved as to form and substance. 2. That the Mayor and the City Clerk of and on behalf,.c' the City are hereby authorized and directed to execute and enter into with Florida power & Light Company, the Letter Agreement approved in Section 1 hereof and set forth in form as follows: City of South Miami, South Miami,, Florida. Gentlemen In accordance with your recent request and in order to assist you in obtaining relief from some of your present financial burdens, we hereby agree that as of June 1,, 1933, we will discontinue the operation of nineteen (19) one hundred (100) candle power overhead bracket type street lights owned by us and nine (9) one hundred (100) candle power white way street lights owned by you, all of which were being operated prior to June 1, 1933 under the Municipal Street Lighting Agreement in effect between us and dated the 7th day of Januarys It is under stood and agreed that while the street lights above described remain discontinued as provided in this Letter Agreement, we will not bill you, and you will not be obligated, to pay for the operation thereof. At any time, or from time to times at your request, we will restore the service, under the Municipal Street Lighting Agreement, any or all of the street lights discontinued hereunder and after such restoration to service, we will bill you and you will pay for the operation thereof as provided in the Municipal Street Lighting Agreeement G In any event, on June 1, 1934, without further notice from you, we will restore to service all of the street lights then remaining discontinued in accordance with this Letter Agreement and after such restoration to service, we will bill you, and you will pay for the operation thereof as provided in that Agreement. In consideration of the discontinuance of the street lights as provided in this Letter Agreement, it is understood and agreed that the original term of the Municipal Street Lighting Agreement, which is to ex ire on the 7th day of January, 1942, unless extended as therein provided, is hereby extended for an additional period of six months t the 7th day of July, 1942; It is understood and agreed that if the Municipal corporation of she City of .South Miami is abolished or if the Municipal corporation shall be declared non - existent by any court of the State of Florida, we, at our option, may restore to service any of the street lights 'discontinued hereunder at any time, even though it be prior to June 1, 1934• zzoept as expressly provided herein, the said " Municipal Street Lighting Agreement shall remain in full force and effect between us. If you agree to the foregoing kindly so indicate by having your proper officials sign and seal this letter end the attached copies in the spaces provided for that purpose. Yours very truly, FLORIDA POW IR & LIGHT COMPAMY BY President and General Manager We agree to the foregoing: CITY OF SOUTH MIAMI BY Mayor.. ATTEST: City Clerk Dated 1933 Approved as to form and correctness this day of -1933- r Attorney for City of South Miami, The motion was seconded by Councilman Yarborough and was carried by poll as follows: Yarborough yes Cordell yes -Chubbuck yes; Metger yes Schmacker yes Beaver yes Resolution Number S8, which reads as follows, was placed before the Council for approval: " RESOLUTION NO. 88 APPROVING THE PROPOSED CERTIFICATE OF INDEBTEDNESS OF THE CITY TO FLORIDA POWER & LIGHT COMPANY IN THE AADUNT OF $3600. o0 COVERING THE BALANCE' DUE FOR ELECTRIC POWER AND ENERGY AND SERVICES FURNISHED TO THE CITY BY THE SAID COM- PANY FROM DECEMBER 1, 1931 TO MAY 31, 1933; AUTHORIZING AND DIRECTING THE a MAYOR AND THE CITY CLERK OF. AND ON BE- HALF OF THE `'CITY TO EXECUTE AND DELIVER THE SAID CERTIFICATE OF INDEBTEDNESS TO FLORIDA POWER & LIGHT COMPANY. BE IT RESOLVED BY THE MAYOR AND THE CITY CLERK OF THE CITY OF SOUTH MIAMI,, FLORIDA:' 1 That the Certificate of Indebtedness of the City to Florida Power & Light Company set forth in Section, 2 .hereof be and the same is hereby approved as to form and substance. 2. That the Mayor and the 'City Clerk of and on behalf of the City are hereby autheeized and directed to emecute and deliver to Florida Power & Light Company the Certificate of Indebtedness ,approved in Section 1 hereof and hereafter set forth in from as follows': CERTIFICATE OF INDEBTEDNESS THIS IS TO CERTIFY THAT THE CITY of gOUTH MIAMI , Florida, is indebted to Florida Power & Light Company in the sum of THREE THOUSAND SIX HUNDRED - - - - - - - Dollars he balance due for 69'3.600.00 _ ) for/ electric power and energy and services: furnished to the said municipality by Florida Power &'Light Company from December 1 1931, to May 31 1933, inclusive, including electric energy and services furnished to the said muniei ality by Florida Power & Light; Company under the Agreement ( including Supplementary Agreements thereto, if any) pertaining to street lighting dated January j__„_ 1930, and now in effect between the said municipality and Florida Power & Light Company. AND THIS 18 FURTHER TO CERTIFY that the said munioipality will pay the said indebtedness of---THREE THOUSIA ND SIM HUNDRED - - - - - Dollars, (63.600.00 to Florida Power & Light Company, on or before the 10th a`day of - December. 1933, together with interest thereon at the rate of six per cent (6%) per annum from' June 10 1933, until fully paid. In consideration of forbearance by Florida Power & „v Light Company, from date until maturity of this Certificate, from enforcing collection of the said indebtedness, the municipality specifically waives its privileges under any statute of limitations in connection with said indebtedness and agrees that the acceptance of this Certificate by Florida Power & Light Company shall not affect any right of said Company to discontinue electric service for non- payment of this or other indebtedness of said municipality. IN WITNESS WHEREOF the said municipality has caused this instrument to be executed by its duly authorized officers and its corporate seal to be hereunto affixed this day of June , 1933• CITY OF SOUTH MIAMI .Florida BY, mayor (Resolution Continued) ATTEST: IL City clerk Approved as to Form and Correctness this day of ;3933. Attorney for the City of SOUTH MIAMI' . Florida. Councilman Cordell moved that said resolution No.U, be adopted as read. The motion was seconded by Councilman Metger and was carried by a poll of the 'vote as follows: Yarborough yes Cordell yea Chubbuck yes Metger yes Schmacker yes Beaver yes, Mr. Breckenridge who was present at the meeting requested the City Council, in view of recent laws passed by the Legislature, to sell City Tax certificates over two years old, without requiring the purchase of certificates Of later date. Councilman Metger offered a_ motion which was seconded by Councilman Chubbuck that the Clerk be 'instructed to :sell Tax Certificates for the years 1926, 1927, 1928, and 1929, without requiring the immediate purchase of later taxes. The motion was carried unanimously. There being no further business, the meeting adjourned in regular, order. PkebidIent of the City Council. ATTES ' City Clerk.