Fort Walton Beach Council minutes — 03-09-1954 Regular — reading text

in this Ordinance, nut the o~ liga lons to make such Day- ment and to comply with such covenants or provision~ aJ!e seperate"- and independent and, in the event the District shall fail to make any such payment or to comply with any such covenant or provision,  2t)5 the Municipality shall have its right of action against the Dist- rict or any memner' of its Board of Directors or any officer there- of to campel such payment or cush complaince, nut may not revoke or cancel the franchise granted ~ y this Ordinance. I is Section 17. granted upon That the Franchise provided for in this Ordinance the condition that the Municipality shall have the rights set forth in Section 46 of the Charter of the Municipality, enti tIed " AN ACT TO ABOLISH THE PRESENT flIUNICIPAL CORPORATION KN01tlN AS THE TOWN OF FORT WriLTON, OKALOOSA COUI\ TTY, FLORIDA, AND IN ITS PLACE TO CREATE, ESTAPLISH AND ORGANIZE A MUNICIPALITY TO PE NAMED THE CITY OF FORT WALTON, SITUATED IN OKALOOSA COUNTY, FLORIDA, AND TO PROVIDE FOR TTS GOVERNMENT, JURISDICTION, POWERS, AUTHORITY, AI\~ PRIVILEGES: TO ESTABLISH THE FORM OF GOVERNMENT OF THE SAID CITY AS A COUNCIL FORM OF GOVERI\~ NT WITH A CITY }~ NAGER AS ADMINIS- TRATIVE HEAD; TO DESIGNATE AND APPOINT ~ IDNICIPAL OFFICERS AND TO DEFIl'- IE THEIR DUTIES AND POWERS; TO EMPOWER THE CITY COUNCIL TO CREATE AND PROVIDE FOR ADNINISTRATIVE DEPARTIvlENTS AND 110ARDS AND ADHINIS- TRATIVE OFl"ICERS; TO PROVIDE FOR THE ELECTION OF THE HAYOR AND ME~~ ERS OF THE CITY COUNCIL AND TO FIX THEIR TERMS OF OFFICE; TO AUTHORIZE THL CITY COUNCIL TO PROVIDE FOR THE MA~rnER OF HOLDING ELECTIONS OF THE SAID CITY, AND TO AUTHORIZE THE LEVY, ASSESSMENT AND COLLECTION OF AD VALOREM ' rAXES, IIvPROVEMENT ASSESSMENTS AND LEVIES, AND EXCISE ' TAXES, LICENSE TAXES AND PRIVILEGE TAXES". House Bill No. 1410, Laws of Florida, Acts of 1953). Section 18. In the event the Municipality exercies the rights provided for in the aforesaid Section 46 of its charter, the Muni- cipality shall take and purchase from the District the entire re- I quirements of the Municipality of natural gas for use and for resale in the communities and areas supplied hY the Distrinution System, and the District shall sell and deli',er to the Municipality such gas to the extent the same is availanle, at the same price as the District sells gas at wholesale to other cities, towns, indivi- duals and corporations for distrinution and sale to the ultimate consumer through an independent distrinution system, for the num- her of years that this franchise would have run had the same not neen terminated ny the Municipality, plus an additional charge reasona1,le calculated to pay tb: pay to the District, over the said term of years, an amount equal to the option price of the Distri- ution System determined in accordance with the provisions of Section 13 ( B) of this Ordinance as if such option to purchase had neen exercised ny the Municipality as of the date of the exercise ny the Municipa~ity of its rights under said Section 46 of its charter, less the amount actually received from the Municipality ny the District in accordanca with the provisions of said Section 46 of said charter. Section 19. The provisions of this Ordinance' are intended to he severahle and, if anyone or more thereof should ne held to ~ e invalid for any reason, the rest shall nevertheless stand and be fully effective. I Section 20. provided ny law This Ordinance shall ne pUnlished in the manner and the provisions of the charter of the Municipality.  207 The Mayor thereupon declared the Ordinance duly passed and adopted as introduced ~ nd read and he, as Mayor, authenticated said Ordinance y signing the same and the same was attested ny the City Clerk, who was directed to record the said Ordinance. I It of was all motion made, on seconded and unanimously adopted ~ y the vote of the Council that said Ordinance ne promulgated memners and punlished as required ny Section 165. 20 of the Florida statutes, to- wit, ny punlication in full once a week for four consecutive weeks in one of the newspapers punlished in the City of Fort Walton Beach, which pu~ lication shall ne at the expense of the Okaloosa County Gas District. There dlscussion of the completed streets and a motion followed a was made ny Mr. ~ ass and seconded ny Mr. Ronerts that Mayor ~ rooks ask a competent State Road Department Engineer to come to Fort Walton Beach and check the streets nefore the final payments a~ e made. vote aye, unanimous. Mayor Brooks advised the Council that he had contacted Mr. Dickenson of the State Road Department and he had promised to come over and nring an engineer with him to check the streets. Mr. Earley then asked the Council for authority to use part of the extension fund for the ~ eal Street Water Line and to use mechanical joint pipe in the line. The meeting was recessed at 11: 55 p. m. ny Hayor ~ rooks, until 7: 30 p. m., March 10, 1954. I The Council ing Resolution was reconvened at 8: 25 p. m., read ny the Clerk: March 10, 1954, and the follow- A RESOLUTION ENTITLED, A RESOLUTION AUTHORIZING THE CONSTRUCTION OF AN ADDITION TO THE ~ IDNICIPAL WATERWORKS SYSTEM OF THE t:-/ CITY OF FORT W~ LTON ~ EACH, FLORIDA, TO ~ E DESIGNATED AS " THE BEAL STREET ADDIT10N", AND PROVIDING FOR THE PAYMENT OF THE COST THEREOF. E IT RESOLVED ~ y THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA: 1. The City Manger is heren' T authorised and directed to construct an addition to the municipal wate~~ords system in the City of Fort Walton ~ each, Florida, to ne designated as " The " Real Street Addi- tion" and to ne constructed as per plans and specifications pre- pared ny Kenan and Associates, Engineers, and now on file in this office. I 2. The City Mangger is authorized and instructed to spend not exceeding Twenty Thousand Dollars ($ 20, 000. 00) for such construction 2f; 8 and to pay the cost thereof from the Renewal and Replacement Fund now on deposit in the First National ~ ank of Chicago, Chicago, Illinois. 3. The construction herein authorized and all withdrawals of funds shall ~ e done in strict compliance with all covenants and conditions contained in Ordinance Numner 87 of the City of Fort Walton Beach, Florida, adopted on 22nd day of Septemner, 1950. ADOPTED: March 10, 19~ ATTEST: O. K. Rodgers APPROVED: Thomas E. Brooks City Clerk Mayor A motion was made ny Mr. ~ li11er and secoQded ny Mr. Walker that the resolution 'he accepted as re,Jd. Vote any, unanimous. The Clerk then read the following resolution: A RESOLUTION, ENTITLED: A RESOLUTION AUTHORIZING THE CITY 1.iANAGER TO NEGOTIATE FOR AND PURCHASE A RIGHT- OF- WAY 53 FEET WIDE FOR A CONTI~mATION OF FERRY AVENUE FROM ITS PRESENT TERMINUS ON FIRST STREET TO U. S. HIGmvAY NUl.1'RER 98, AND PRO- VIDING A MAXIMUM SUM TO - qE EXPENDED THEREFOR, AND APPROPRIATING THE FUNDS THEREFOR, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, as follows: 1. The City Manager is hereny authorized and directed to negotiate for the purchase of a right- of- way fifty three ( 53) feet wide, for a continuation of Ferry Avenue from its present terminus on First Street, to U. S. Highway Numner 98. 2. The total sum to ~ e expended for all of the aforesaid right- of- way shall not exceed Eight Thou~ and Two Hundred Dollars 8, 200. 00), and such maximum sum is hereny appropriated for such purchase from the Street Construction Fund of the City of Fort Walton Beach. ADOPTED: March 10, 1954 ATTEST: O. K. ROdgers APPROVED: Thomas E. Brooks City Clerk May 0 r