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0183 (Agreement with FPL)M ir Oa k., M PASSED AND ADOPTED in the City of Okeechobee, / S1A Florida, this / day of Qcro 6e r ,, 1937. APPROVED this day of K-,e/ resi ;, • t gf the City Counc a eefi„,,,,ei Councilmen ATTEST:.. MAYOR %t City Clerk Upon motion made by Councilman J w Ga /rl and seconded by Councilman Wa /lierr following Ordinance was duly passed and adopted: , the ORDINANCE NO. 183 APPROVING A MUNICIPAL STREET LIGHTING AGREEMENT WITH FLORIDA POWER & LIGHT COMPANY PROVIDING FOR THE FURNISHING BY SAID COMPANY AND THE PURCHASING BY THE CITY OF OKEECHOBEE, FLORIDA, OF ALL ELEC- TRIC ENERGY AND SERVICES NECESSARY FOR THE OPERA- TION OF THE STREET LIGHTING SYSTEM WITHIN THE SAID CITY OF OKEECHOBEE, AND SETTING OUT THE TERM AND CONDITIONS UNDER WHICH THE SAID ELECTRIC ENERGY AND SERVICES SHALL BE FURNISHED BY SAID COMPANY AND PURCHASED BY SAID CITY; AUTHORIZING AND DIRECTING THE MAYOR AND THE CITY CLERK OF AND ON BEHALF OF THE CITY OF OKEECHOBEE, FLORIDA, TO EXECUTE AND ENTER INTO THE SAID MUNICIPAL STREET LIGHTING AGREEMENT WITH FLORIDA POWER & LIGHT COMPANY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OTCR1 CHOBEE, FLORIDA: 1. That the proposed Municipal Street Lighting Agreement with Florida Power & Light Company, which is herein- after set forth in form in Section 2 hereof, be and is hereby approved in form and substance. 2. That the Mayor and City Clerk of and on behalf of the City of Okeechobee, Florida, be and they are hereby directed to execute and enter into with Florida Power & Light Company the said Municipal Street Lighting Agreement approved in Section 1 hereof and hereinafter set forth in form as follows: MUNICIPAL STREET LIGHTING AGREEMENT FORM 216 -A 500 10.30 THIS AGREEMENT made this_ -. , 19 37, by and between the t`+i.tY of Okeech?lee , Florida, a Municipal Corporation organized and existing under the laws of the State of Florida, and its successors (hereinafter called the Consumer), and FLORIDA POWER & LIGHT COMPANY, a corporation organized and existing under the laws of the State of Florida, its successors and /or assigns (hereinafter called the Company). WITNESSETH: THAT for and in consideration of the sum of One Dollar ($1.00) paid by each party hereto to the other, and of the covenants and agreements herein set forth, the parties hereto covenant and agree as follows: ARTICLE I. THE COMPANY AGREES: Section 1. Insofar as reasonable diligence will enable it to do so, to furnish electric energy to the Consumer for the street lighting system within the corporate limits of JIti of Okeechobee , Florida, frarrr-dttslr tee -dew, in accordance with the terms and provisions hereof. Section =2. --To- install = on -the=- Company's- existing.distribut - ion .poles- within.thiriy- (30 -)3- days-- after- receipt of written notice -from _ __Consumer, overhead bracket street lights, and to connect said street lights to the Company's overhead street lighting circuits, and "to-Inaini repair, renew and clean all of the overhead street lights now or hereafter installed in Florida, a providZttrirowever hat in the event it shall be necessary for the Company to extend its street lighting circuits more than 300 feet in order to reac rth atditional verhead bracket street light ordered by the Consumer, as herein provided, the Consumer agrees to reimburse the Company for e rost; in..excess of 300 feet, of making -9such =: extension-to -= its = street- lighting-sire nit e,- ineluding- he-oest -af- poles. 5gc-ti_ot�3:- install- install- within -00 -JO /°days after-receipt-of-written-notice rom- the -from- - "White- - Way "~ -or other type of 8i1-namental„epost or ornamental bracket street lights of a type mutually satisfactory, said lights to be spaced not further than 200 feet apa`®tr Measured lloonn the same side of the street, and to connect said street lights to the Company's overhead or underground street lighting circus its ®a tt^tov main in renew, repair and clean all said street lights, provided, how- ever, that in the event it shall be necessary for the Company celctenti-itsztrgetlighting circuits more than 200 feet in order to reach any additional "White Way" or other type of ornamental post, or ornaniontal- braclt t street lights ordered by the Consumer as herein provided, the Consumer agrees to reimburse the Company for the cost, in exce -of -200 f of making such- aextension- tots- stre®t - lighting, suits,_inclading -the- cost-of=poles.a -� - �� ..^. Section 4. To serve Consumer's "White Way" and /or other type of ornamental post or ornamental bracket street lighting system which is now or may hereafter be installed, or any extension thereof, and to extend the Company's overhead street lighting circuits to the point of connection with the Consumer's underground cable connecting together street lights forming the Consumer's "White Way" street lighting system so constructed by said Consumer, provided, however, that in the event it shall be necessary for the Company to extend its street lighting circuits more than 300 feet in order to reach such point of connection, the Consumer agrees to reimburse the Company for the cost, in excess of 300 feet, of making such extension to its overhead street lighting circyuii�tss, including the vcost of poles. Section 5. To clean all glassware -at- least° e 4 S = ery- year and to furnish lamp renewals for the "White Way" street lighting system which is now or may hereafter be installed by the Consumer. In the event the Consumer shall request the Company and shall also pay the additional charges hereafter provided in Section 3 of Article II hereof, the Company agrees to maintain said "White Way" system, provided, however, in no event shall the Company be liable to replace or repair broken or damaged "White Way" posts. The Company, however, reserves the right to exclude cable replacements as a maintenance obligation hereunder when, in its judgment, the type and quality of cable used and the installation of such cable has not been in accordance with good electrical practice. Section 6. To change the location of any street light in use upon thirty (30) days written notice from the Consumer and upon payment by the Consumer of the cost of such change. ARTICLE II. THE CONSUMER AGREES: Section 1. To purchase from the Company all electric energy and services necessary for the operation of the street lighting system within the corporate limits of Okeechobee, Florida, which is now or may hereafter be installed, the minimum requirements for which shall at all times equal that of the present installation as set forth under Section 1 of Article III hereof, plus that of all additional installations made by the Company and /or the Consumer, under Article I of this Agreement. Section 2. To pay for all the energy and services furnished by the Company at the office of the Company in Okeechobee , Florida, in accordance with the schedules marked Schedule 1,"ech ula..a, attached hereto, and made a part hereof. -1- the Company monthly Section 3. In the event the Consumer shall request the Company to maintain the "White Way" system as provided in Section 5 of Article 1 hereof, to pay { at.tlio -4i -sAd- t- blte -s �rov4cled t gthe4ile -& additional amounts at the rate of $10.00 per year for each street light of the "White Way" system or part thereof so maintained by the Company. Section 4. To construct, renew, repair and maintain the underground cable connecting its "White Way" and /or other type of ornamental post or ornamental bracket street lighting system and the posts thereof so that at all times said "White Way" street lighting system shall be in a safe condition and, in the event it shall become necessary to reinforce or rebuild said system in order that it may be properly served in accordance with good electrical practice, to so reinforce and rebuild said system and to protect and save the Company harmless from any and all loss, cost, damage or expense that may be caused to the Company by reason of the failure on the part of the Consumer to properly construct, renew, repair and /or maintain said "White Way" street lighting system in accordance with the provisions hereof. ARTICLE III. IT IS MUTUALLY AGREED: Section 1. That the laititta street lighting system within the corporate limits of- _,. :22aeuii b Florida, .711'._-1 consist of : 100 (Candle power) lamps 250 400 600 supported on bracket type fixtures, owned by the Company, and it „ it it << it „ it '' '' '' it ft „ it it it 250 (Candle power) lamps 400 600 it '' supported on "White Way" and /or other type of ornamental post or ornamental bracket fixture, owned by the Company, and 4,54 - dle•pow Ia s *12 - 150 -Atka Vitett Limps in Operation; 12 not in operation 100 , . *24 7: ft sr * - Auk to Mjdnigb " it '' it tt supported on "White Way" and /or other type of ornamental post or ornamental bracket fixture, owned by the Consumer. SeotiQn wnch 1.3 meilq a art ereof ( Se I4) Section jha by street lighting, as used is Agreement, s ge eant The li g htin g of streets, avenues, alleys, parks and public places other than the interior of public buildings. Section 3. That no liability to furnish or take 'service shall exist at any time that either party is prevented from com- plying with this Agreement by legal proceedings, strikes, lockouts, fires, riots, acts of God or the public enemy, or, in case or cases not under the control of the party thus prevented from compliance, or by reason of any partial, temporary or entire shut -down of service which, in the opinion of the Company, is necessary for the purpose of repairing or making more effi- cient all or any part of its electrical generating or other electrical _ equipment. Section 4. That the Company shall use reasonable diligence to provide continuous service during lighting hours, and, having used reasonable diligence, shall not be liable for any outage. • Section 5. That the Company may substitute for any lamp installed other lamps of at least equal illuminating capacity and efficiency as improvements in the art may make such lamps available, but no change shall be required in the size, style or capacity of any lamps without the Company's consent. The Company when requested in writing by the Consumer will replace any lamp with one of increased candle power, in which case the monthly bill or bills thereafter rendered shall be correspondingly increased. • - sSA11412-41ragtiilAk .s ' l e �t h4eeof f �( �a�r a Dr'a ellnyo a nt e -date- hereof rovid ewever -that - in the event the Company is require o nd serve additional street lights at any time or from time to time within two (2) years prior to the expiration of this Agreemen or o%any_ . ension hereof which in the aggregate equal twenty (20) per- eentum of the number of street lights served by the Company at -"the iegi n or the said two (2) year period, the,.terrn_af-this .Agreement- _hall-, t heleetion f tlte-Goampany -:be -- extended - for=.- a—f —ur or -3 iods_o €five (b� n years, and-- furthe = provided - the -event he=- 6ompany- As- requested-to- instal l- end/or = serve- additional= street -= lights =atsa time or from time to time vv ithin4woL21=y_ears prior to the expiration of this Agreement or any extension hereof, which, however, in the aggregate do not equal ore eett wenty_= 2 per centum of the number of street lights served by the Com- pany at the beginning of the said two (2) year period, then andiir = that- event.the Company may refuse to install and /or serve such additional street lights unless the gross revenue to be received duringgThiTthen- remaining.-life of this Agreement under-the - terms =and - provisions hereof will. equal -_at: least . twie_e-the_tetatcest_tg__the_ Company of such installation. The Company shall be deemed to have exercised its election when it shall have mailed a notice to that effect addressed C1-t;y'- _21.ark , of C1Ly e-f-- DI: eeclic)bee , Florida. Section 7. That should the Consumer fail at any time or from time to time to pay for the electric energy and service furnished Hereunder or otherwise fail to perform any of the terms and conditions of this Agreement, the Company, at its option, may refuse to make any additional installations under Article I of this Agreement and /or cease to supply electric energy and service to the Consumer hereunder until the Consumer has made such payments or otherwise fully com- plied with all the terms and conditions of this Agreement, it being understood and agreed, however, that such refusal to make additional installations and /or discontinuance of the supplying of electric energy and service shall not be a breach of this Agreement by the Company nor shall cancel any of the terms and conditions of this Agreement. Section 8. That this Agreement shall inure to the benefit of and be binding upon the successors of the Consumer and the successors and /or assigns of the Company. IN WITNESS WHEREOF, the parties hereto have hereunto caused this instrument to be signed in triplicate by their duly authorized officers and their official seals to be hereunto affixed the day and year first above written. Witnesses for the Consumer: Witnesses for the Company: CI'1 : 07 OK=CHOBEE, By =� ' fi . -1--- , Attest: ki Mayor FLORIDA POWER & LIGHT COMPANY P,y VICE -President and General Manager Attest: Asst. Secretary ARTICLE / _ Section 1-A. riThat the said2677Catt "White 7a:y~" underground, City owned street lights which are not now in operation shall not be paid for by the Consumer while the same are not in operation and remain dIscontinued.. any time or from time to time during the term of this Agreeznerit, at ttae request of the Consumer, the Company will restore to service any or all of the said street lights not now in operation and after such restoration to service the Company will bill the Consumer and. the Consumer 7.i 11 be • required to pay for such street lidits. restored to service in accordance with the terms and previal. OriS of this ..Aereement. 3ection 6. Th-t tlds :agreement slid. I be for a tom of one (1) jear from the date hereof aril sl-.11 extend for a furtlEr period. or re riods of one (1) year from tle termination ar the said period of one (1) year cr any extension thereof, unless by written notice given by either p--rt:y- to the other not more than ninety (90) nor less than thirti (30) days before the date of termination of the said. one (1) year or extension thereof, either party shall have signified its desire to terminate this .I.1greanent.