HomeMy WebLinkAboutMinutes_Special Meeting_03/21/1978MINUTES OF THE SPECIAL MEETING OF THE COUNCIL
THE VILLAGE OF TEQUESTA, FLORIDA
March 21, 197$
A Special Meeting of the Council of the Village of Tequesta,
Florida was held on Tuesday, March 21, 197$ in the Village Hall.
for the purpose of reo.r~anization of the Village and various
other matters. Since Mayor Brown had called a Special Council
Meeting for March 16, 197 and the Council had its reorganization
Meeting then Council discussed the possible purchase of
Tri-Southern Utilities under the Item, "Various Other Matterst'.
Present were Brown, Cook, Mapes, Ryan and Yoder. Also present
were Robert Harp, Village Manager, Cyrese Colbert, Village Clerk
and John C. Randolph, Village Attorney.
The Village Attorney gave a brief summary of the continued
negotiations with Tri-Southern for the possible acquisition
of Tri-Southern. Mr. Randolph told Council that at 2:30 P.M.,
Monday, March 20, 197$ he, Mr. Harp, Village Manager;
Joe B. Wise, William R. Hough 8e Co.; Mr. Burgess, Jupiter's
Town Manager; Mr. Skradel, Attorney for Jupiter and Mr. Gildan,
Attorney for Tri-Southern met to discuss the possible means of
• resolving the apparent problem in the possible sale of Tri-
Southern Utilties to either Jupiter or the Village of Tequesta.
The Village Attorney advised Council the meeting had been called
by Tri-Southern. A meeting of Jupiter, Tequesta and Tri-Southern
on Monday, March 20, 197$ called at the request of Tri-Southern
had been cancelled due to lack of interest from Jupiter.
Tri-Southern told Tequesta it would send a Representative to the
Village of Tequesta Special Council Meeting on March 21, 197$
to speak to Council and that Tri-Southern would back a joint
ownership between Jupiter and Tequesta. Tri-Southern also
informed the Attorney that if any of the involved could not
come to an agreement then Tri-Southern would draw up a contract
with Jupiter.
Council had been informed that night that Jupiter had filed
a "Condemnation Suit" against Tri-Southern.
Mr. Howard Osterman, Tri-Southern Utilities, told Council
that no member of Tri-Southern ever appeared before a Jupiter
Council Meeting during the two (2) months period of February
and March while Tequesta was sitting out waiting for the t'Straw
Votef' to take place on March 14, 197$. Mr.Osterman also told
Council that Jupiter made an offer of 5.74 million to purchase
Tri-Southern at a Council Meeting but Tri-Southern did not appear
at that Council Meeting either. About 5 to 6 days before the
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03-21-7$ -2
Village Election Tri-Southern was asked by Jupiter to appear
at a Meeting. Tri-Southern declined. Tri-Southern did not
counteroffer Jupiter's offer for the purchase. On the day
i before the Village Election Jupiter again called a meeting
and invited Tri-Southern. A Representative for Tri-Southern
did appear at the meeting because the next day was the Village
Election and Tri-Southern felt it would be safe and harmless,
at that point, to the Election. The night of the Village
Election, March l~r, 197$, Jupiter again made an offer, this
time it was for 6.065 million without terms to Tri-Southern
and Tri-Southern was asked to answer that offer. Mr. Osterman
also told Council that Tri-Southern could not afford to be
tied up in law suits because they have a business to take
care of, new lines to install and new investments they have
to answer to. He also told Council that Monday night (March 20,
was the last night Tri-Southern had to answer Jupiter's
offer. Mr. Osterman told Council Tri-Southern would begin
to draw up a contract for Jupiter.
Mayor Brown suggested the two Councils come together
for a joint meeting.
Mr. Herb Gildan, Attorney for Tri-Southern, told Council,
in his opinion, the 'TCondemnation Suitt was subject to reject
and if Jupiter does take their lines they have to take the
entire plant.
Mr. Osterman read his file memorandum dated March 17, 197$.
The Village Attorney informed Council that Jupiter had
three ways in which to get Tri-Southern, 1. possible through
Eminent Domain proceedings, 2. they have the option to purchase
Tri-Southern at the end of the first ten years of the franchise
and then again at each five year intervals, 3. they have the
right of first refusal.
197$)
After lengthy discussions by the Tri-Southern Representatives
and the Village Council Ryan moved, "that the Council direct
the Village Manager to contact immediately the Mayor of Jupiter
to express a desire to meet with Town Council of Jupiter at
its earliest convenience but no later than 3/2$/7$ to discuss
the joint purchase or acquisition of Tri-Southerntt. Cook
seconded and vote on the motion was:
Brown -f o r
Cook -for
Mapes -against
Ryan -f o r
Yoder -against
and therefore the motion was passed and adopted.
•
03-21-7$ -3
i
The Village Attorney advised Council that in his opinion
it was unwise to make an offer of 6.065 million for Tri«-Southern
tonight.
The meeting was adjourned at 10:55 P.M.
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Cyr~se Colbert
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