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08-03-29 Special213 COUNCIL ROOM August 3, 1929, Council met in special session at 10:00 A.It+I. on call of the Mayor. The Mayor and all members of the Council .and City Attorney were present. Mr, Ellis and Mr. Senior representing The Florida ' Power and Light Company met '~+ith the Council by appointment and the matter of entering into a new contract for supplying the City with electric current Por the whiteway and street purposes, was d3~scussed at length. Upon motion made by Councilman Keen, and seconded by Councilman Porter, the following Reso~tution was duly passed and adopted: " RESOLUTION NO, AUTHORIZING AND DIRECTIl4G THE MAYOR AND THE CITY CLERK OF AND ON BEHAI~' OF THE C i'.CY OF DELRAY BEACH, FLORIDA, TO-ENTER INTO AND EXECUTE WITH FLORIDA POWER & LIGHT COMPANY A NEW MUNICIPAL STREET LIGfiTING AGREEMENT FOR THE LIGHTII4G OF THE STREETS OF THE CITY dF DELRAY BEACH FOR A PERIOD OF TWELVE (12) YEARS PROVIDING FOR THE CANCELLATION AND TERMINATION O~.F THE STREET LIGH'TiTNG AGREEMENT NOW IN EFFECT BETWEEN THE CITY AND FLORIDA POWER & LIGHT COMPANY DATED THE 1ST DAY OF OCTOBERt 1926 AND PROVIDING FOR THE CANCELLATION AND TERMII~TATION OF AN AGREE= MENT MADEvAND ENTERED IlVTO BY ADD BETWEEN THE CITY OF DELRAY~ FLORIDA AND THE TOWN OF DELRAY BEACH FLORIDA ON THE = DAY OF DECEMBER, 1923 WHICH AGREEMENT HAS BE~ERFORMED ON THE PART OF THE CITY OF DELRAY SINCE THE 1ST DAY~OF' OCTOBERS 1926 BY FLORIDA POWER & LIGHT COb'iPANY WHEREAS, there is in effect between the City (successor to the City of Delray, Florida) and Florida Power & Light Company a Street Lighting Agreement dated the 1st day oP ~' - October, 1926 providing Por the purchase and supply oP "all ` ,. electric energy and service necessary for the operation of the street lighting system within the corporate limits of the City ~. 21 _. Council Room - August 3, 1929. of Delray, Florida, which may now or hereafter be installed" fora period of ten (10) years, and SEAS, Florida Power & Light Company has since the 1st day of October, 1928, performed on the part of, and as successor in interest to, the City of Delray an "agreement between the City of Delray, Florida, and the Town of Delray Beach, Florida, relating to electric current for lighting and power purposes^ and which was "made and entered into this day of Decemiaer, 1923, between the City of Delray, Florida, an.ineorpo- ration, and the Town of Delray Beach, Florida, an incorporation^, and 9PHEREAS, it is deemed to be to the best interests of the City of Delray Beaeh that the two (2) agreements aforesaid be cancelled and terminated and that in their place and stead a new Street Lighting Agreement between the City and Florida Power & Light Company for a period of twelve (12) years be entered intoy and -~EAS Florida Power & Light Company has submitted for the approval of the City such a new Street Lighting Agree- ment in which it is provided that the aforesaid two (2) Street Lighting Agreements be cancelled and terminated, and 'NHEREAS, the City approves the said proposed Street Lighting Agreement as to form and substance , N099~ THEREFORE, BFj IT RESOLVED BY THE CITY COUNCIL, OF THE CITY OF DELRAY BEACH FLORIDA; That the Mayor and the City Clerk of and on behalf of 217 Council Room - August 3, 1929. the City of Delray Beach, Florida be and they are hereby authorized and directed to execute and enter into with Florida Power & Light Company a new Street Lighting Agreement providing for the purchase and supply of all electric energy and services necessary for the operation of the street lighting system within the corporate limits of the City which is now or may hereafter be installed, providing for the cancellation and termination of the Street Lighting Agreement made and entered into by and between the City of Delray, Florida, (one oP the predecessors of the City) and Florida Power & Light Company on the 1st day of October, 1926, and providing for the cancellation and termination of an agreement between the City of Delray, Florida, and the Town of Delray Beach Florida, relating to eleetPic current for light and power purposes, made and entered into in December, 1923, the said new Street Lighting Agreement being hereinafter set forth in form, words and figures as follows: (Original contract held in file making a part) of these minutes. It was regularly moved, seconded and carried that Counoil adjourn. a City Clerk. APPROVED: '} ~~ ~~l.C,~.cr- ~~ President of the Co il. -3 n