07-17-22 ~~ ,
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Council Chambers.
0
Q July 17, 1922.
The Council met pursuant to adjournment, the
Mayor presiding. Councilmen present were Mr. Jasobs,
Mr. Scott, and idr. Sundy. Mr. $een and Mr. Ranson
( were absent.
The Clerk laid before the Council a contract.
a' drawn by counsel representing the City of Delray and
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~Mr 0. F~elland regarding the furnishing of electric
e current to the latter for operating an ice plant.
Mr. Jasobs, acting chairman of the 9Ya~er do Light r,,,
. is.
sommfttee offereQ the following resolution: --'s ~'" ''~
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i RESOLVED by the City Council of the Citp of
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Flo
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ida
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~' (1) That the said City of Delray, Florida, hereby
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agrees to enter Into a contract with 0. Helland, said
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contract to be in the following words and figures to-wit.: ;
,
p.`` THIS AGREEMENT made and entered fnto this 17th
ra,•.
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day of July.,, A. D. 1922, by and between the City. of
~' Delray, a ~l2nicipal eorparation, located in Palm Beach
County and state of Florida, party of the first part,
~ ~ .and Q. Helland, of Delray, Palm Beach county, state-of
a ~ Florida, party of the second part, `'~ .._
4PITNESSF,TH, That the party of the~•firat part ,.,
'~ does hereby covenant and agree to furnfsh and supply
,~,, to the party of the second part, electrical power,,,
°"'' sufficient to operate an ice factory consisting of a
~~, ten ton unit, equiped with the following de~eribed
~ •,.~ motors, to-wit:
2 three horse-p, 0 cycle, 3 phase, 220
~,~"' volt, type H, Fairban rse & Co.,motors;
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:F* l thirty-five horse poser, slip ring, type BB,
2200 volt, 3 phase, 60 ¢ys1e,.Fafrbanks, Morse do Co., k
Il1at0E;
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0 1 two-horse power, 3 phase, 60 cycle, 220 volt
type H, Fairbanks, Morse & CO,, motor;
1 five-horse power, 3 phase, 50 cycle, 220 volt,
typr H, Fairbanks, Morse & Co., motor;
also to furnish sufficient ¢urrent to light said
fa ¢tory.
I That the said party of the first part does eov-
~enant a
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n
agree to furnish said electrical power from
the day upon which the ice factory is completed and
ready for operation, for a period of three years there_
"
after.
The said party of the second part does hereby
covenant and agree to pay to the party of the first
e part for said electrical ¢urrent and power the sum
of Four Thousand Dollars, (,4,000.00) per annum, pay_
~, able in equal monthly installments, in advance, the
,first payment to be made on or before the day upon ,
3' :='
which the party of the first part begins to furnish
said power, and subsequent installments monthly there-
after.
o ~ The said party of the first part does hereby
x ¢ovenent and agree to furnish sufficient .power to op- ':
crate said ice fa~story at whatever time of the day or - ~'~
night said party of the second part shall require the `~"
same, and in case the plant of the said party of the
" first part shall at any time be unable or fail to *"''~
supply the party of the second of the second part . "
f with sufficient power to operate said factory as be- ~
!f fore specified, because the plant of"the party of+the .'
- first part is overloaded or for any other reason (ex ~y'
dept breakdown as hereinafter provided) and said party
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of .the sesdf4d part shall be without sufficient power ~;y
for a continuing spade of three hours or more bq reason ,,
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thereof, then, and in that event, the party of the
c ~:~, first part agrees to remit. to the party of the second
part the pro-rata amount paid by the party of the.sise-
ond part to the party of the €"irate: part.. for sa3cfi*=$pace
-
of time, and also
to pay to the said g~rty of the-!ge¢_
• and part as liquidated damages for failure to furnish;,
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said power, the sum of ten dollars (10.00) for each
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' and every. day, or fraction thereof, during the time '"`°'~ ~"" ~>
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-~ that-said part of the first
y part fails to ~yrnish =
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. sufficient power as aforesaid. Said party of the first ;;
part being required to furnish sufficient power to the
t
par
y of the s e¢ond part, x¢ept in ease of accident ';"
or breakdown in its pl ht',Ythe said accident or break=
zc~` down being beyond the ontrol of said party of the ;:. ,,~
first part. . ~ .. ~,:
~.
In the ;:e,~snt the party of the second part 3s de- ~,;• , ::
+r prived of sai~`~Ower'for env space of time solelq'by'" ;~`~
0 eason of an accident or breakdown in the plant of the
arty of the first part, beyond its rontrol, a pro~rata
eduction shall be made in the amount herein agreed to
e paid by the .pasty of the second part,
0
IT IS FURTHER COVENANTED AND AGREED that the party
bf the first part shall have the right to terminate this
~ontraet upon the following conditions, to-sit:
By giving a three months notice in writing. to the
arty of the second part, stating its intention to
ease to furnish said party of the second part with said '''
ower at the end of said three months, and by purshasing ~~'
rom the said party of the second part the,electrieal ,~~a
quipment used in his ice factory, at a price equal to
is cost, which said cost is hereby agreed to be the ,~,
um of Fifteen hundred. dollars (1,500.00)
o ~ IT I9 FURTHER COVENAIdTF,D AND AGREED that this
~ontraet shall not be rescinded, changed or modified
xcept as herein provided, unless by an agreement in
writing signed by the parties hereto, or their duly
authorized agents.
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IN tyITNESS WHEREOF, the said party of the firsti
art has caused these. presents to be executer! by its
ayor and Clerk, they being duly authorized by resolu-
ion of the City Council to sign said instrument and.
ffia the seal of said municipal corporation, and the
arty of .the second part, has hereunto set his hand and
cal the year and day first above written.
igned, sealed and delivered
n the presence of
~ltv or
Attest:
(SEAL)
2 The Mayor and Clerk of said City of Delray,
lorida, are hereby authorized and directe d to ezeeute
aid contract on behalf of said City.
The resolution nas seconded by Mr. Sundt' and-on
11 call was adopted by unanimous vote.
~.'
A motion by Mr. Jacobs, seconded by Mr. Ssott,
hat it xas the intention of the Council to proceed'
t the to xt regular meeting to enter into a contrast
or the purchase or lease of a 100 H.P. engine for the
ater do Light plant, and that manufacturers of such 'y"~'""
an engine as is eequia~to present at that meeting sash
data and terms as they desire to submit was on roll
o Isall adopted by unaninous vote.
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i The Clerk was directed to notify Fairbanks, Mcrae +c,~,•
p hand Company of the intention of the Council that their
,. representative might have an opportunity of meeting
the Council at its next session,
A motion by Mr. Jacobs that the Council receive
bids during the day of the 18th for Aster-proof soncre- ~~~
ting the pit for the secondary oil tank at the Water ~ ;,
," Light plant nas adopted on roll Ball by unanimous vote, ~`.3
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A motion by Mr. sot he consent of the "~"
s`~"
4r"' County Commissioner's be obtained for the emplogment of ~
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J. Grant. Fenno to inspect rock to be furnished the ~r" r~~~~yr
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City for street paving at the pit and before shipment,
a Ras adopted on roll Ball by unanimous vote, ,~
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Council adjourned subject to the call of the ':~°
Mayor.
F `~
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Q ~ Clerk. ~ 1 ~ Mayor. ~~~~
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