0189 (Agreement between City & FPL)Upon motion made by Councilman
r
and seconded by Councilman
Ordinance was duly passed and adopted:
ORDINANCE NO. I g
, the following
APPROVING A STANDARD LARGE POWER AGREE-
MENT BETWEEN THE CITY OF OKEECHOBEE, FLORIDA,
AND FLORIDA POWER & LIGHT COMPANY COVERING
ALL POWER AND ENERGY REQUIRED FOR AND IN
CONNECTION WITH SAID CITY'S PUMPING PLANT,
INCLUDING SAID CITY'S 75 HP FIRE AND EMER-
GENCY PUMP, AND SETTING OUT THE TERMS AND
CONDITIONS UNDER WHICH SAID POWER AND ENERGY
SHALL BE FURNISFRD BY THE COMPANY AND PUR-
CHASED BY THE CITY;- AUTHORIZING AND DIRECTING
THE MAYOR AND THE CITY CLERK OF AND ON BE-
HALF OF THE CITY OF OKEECHOBEE, FLORIDA, TO
EXECUTE AND ENTER INTO THE SAID STANDARD
LARGE POWER AGREEMENT WITH FLORIDA POWER &
LIGHT COMPANY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
OKEECHOBEE, FLORIDA:
1. That the proposed Standard Large Power Agreement
with Florida Power & Light Company, which is hereinafter set
forth in form in section 2 hereof, be and the same is hereby
approved as to 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
authorized and directed to execute and enter into with Florida
Power & Light Company the said Standard Large Power Agreement
approved in section 1 hereof,-and hereinafter set forth in
form as follows:
DOCUMENTARY FILE ORIGINAL
STANDARD LARGE POWER AGREEMENT
r.
• , THIS AGREEMENT, made this I , day of CPw(-4 , 193 8
by and between CITY OF OT '•HOBRE, FLORIDA, a mon ear ' ' V _ tion
organised and existing under the laws of the 8 t of orida
(hereinafter called the Consumer), and FLORIDA POWER & LIGHT COMPANY, a corporation organized and existing under
the laws of the State of Florida, (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:
1. That the Couipany shall supply and«tfie Consumer shall reeeive,and pay for all power and energy required for and
in connection ,yrttb tier Cpsume, s , 111111', T l f . .. located at
the end of Parrott a he nea r Lake Oke obee', " Okte hobee ,
Florida, in
accordance with the terms and conditions of the Company's attached rate schedule #X-17 , marked "Exhibit A" and made
a part hereof. I-A. $ee reverse side hereof.
2. That the minimum quantity of power contracted for hereunder and to be received and paid for by the Consumer shall
be 5 Coptract RW
3. That the point of delivery for the electric power and energy delivered hereunder shall be
on the
4. That the electric power_.,and energy delivered hereunder shall be, of character commonly known as alternating
current of approxrmaiely i ,t volts and approximately sixty cycles, `phase,
and wire, and shall be metered at volts.
5. That all payments s�iall be made' at Ihe`CQtnpany s office in
That t(ie termof this Agrreement shall be for ten (10) years frp
Flo+r:da.
6
_and shall extend..for a, further P eriod or
periods of five 15) years from `tet'minatlon of the -said peribdMten f0) yearsor -any extension - thereof, iriilessby written notice
given by either party to the other not more than ninety (90) nor less than thirty (30) days before the date of termination of the
said ten (10) years or any extension thereof either party shall have signified its desire to terminate this Agreement.
7. That if, during the term of this Agreement, the Company makes effective any other rate schedule applicable to the
class of service rendered hereunder, it will give the Consumer notice thereof within thirty (30) days thereafter and such schedule
shall apply, at the Consumer's option, to service rendered hereunder from the date of receipt by the Company of written notice
of the Consumer's intention to exercise said option.
8. That it is mutually agreed, should the Consumer fail at any time or from time to time, to make payment as provided
for herein for the power and energy furnished hereunder or otherwise fail to perform any of the terms and conditions of this
Agreement, that the Company, at its option, may cease to supply power and energy to the Consumer hereunder, it being under-
stood and agreed, however, that such discontinuance of the supplying of power and energy by the Company shall not be a breach
of this Agreement by the Company nor shall cancel any of the terms and conditions of this Agreement.
9. That this Agreement supersedes all previous agreements or representations, either written or verbal, heretofore in effect
between the Company and the Consumer, made with respect to matters herein contained, and when duly executed constitutes
the Agreement between the parties hereto.
10. That this Agreement shall inure to the benefit of and be binding upon the respective heirs, legal representatives,
successors and assigns of the parties hereto, but the Consumer shall not assign this Agreement without first having obtained
the written consent of the Company.
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be duly executed in triplicate the day and
year first above written.
Witnesses for the Consumer:
Witnesses for the Company:
CITY OF OKEECHOREE, FLORIDA (SEAL)
By/W.// itle. f _ Mayor
Attest: Ap / \
AL.:/
Title. / Ci erg
FLORIDA POWER & LI T COMPANY
By
Attest:
Vice- President and General Manager.
Instructions: Execute three copies; one for Consumer, one for General
Office Documentary File, one for Local Office File.
Assistant Secretary.
APPROVED
RATE
SALES
FORM
❑ PATS.APP'0 FOR day of ig' ••.
Appr,,A as to form and correc'nCss this
Attorney for Florid?
Exiiibit "A"
FLORIDA POWER & LIGHT COMPANY
Rate Schedule Number X -17
Electric Service
MUNICIPAL WATER PUMPING
APPLICATION OF SCHEDULE:
Applicable to power service furnished to municipalities for the operation of water pumps or to power service
furnished to public utilities using same for supplying water to municipalities and communities and who contract for not
less than 5 Contract KW. Not applicable to standby service.
The use of energy for lighting essential and accessory to the use of power hereunder is permissible under this sched-
ule, but only for a total connected load in lighting equipment not exceeding 65 watts per Contract KW. For such lighting
use, Consumer will provide and maintain all necessary auxiliary apparatus such as transformers, regulators, etc.
CHARACTER OF SERVICE:
Three phase alternating current, approximately 60 cycles and approximately 208 volts to approximately 4000 volts,
at option of Company.
LIMITATION OF SERVICE:
Limited to exclusive use of Consumer and shall not be resold or shared with others.
MONTHLY RATE:
$3.50 per kw of Contract KW, payment of which entitles Consumer
to use during the month 70 kwh per kw of Contract KW,
2.75¢ per kwh for the next 30 kwh used per kw of Contract KW,
1.75¢ per kwh for all additional kwh.
CONTRACT KW:
The average kw, adjusted for power factor as indicated below, supplied during the 15- minute period of maximum
use during the 12 -month period ending with the month for which bill is rendered. The Contract KW as defined above
shall be determined by means of a permanently connected demand meter, but shall never be taken at less than the Contract
KW stated in the Agreement for Service.
POWER FACTOR:
If Consumer's power factor shall average less than 85% lagging during any month, then Company may adjust the
readings taken to determine the Contract KW by multiplying the kw obtained through such readings by 85 and by
dividing the result by the average power factor actually established during the current month. Such adjusted readings shall
be used in determining the Contract KW.
MINIMUM MONTHLY BILL:
$3.50 per kw of Contract KW. The amount so obtained shall not be reduced by any discount or adjustment.
PAYMENT OF BILLS:
Bills will be rendered at monthly intervals and are due and payable upon presentation. As this schedule forms a
part of an agreement for a term of ten years or more, a discount of 10% shall be allowed on bills paid within ten days from
the date rendered, provided no previous bill remains unpaid.
ADJUSTMENT FOR FUEL COST:
If the "weighted average delivered cost" of all fuel oil used in the generating stations interconnected with Company's
main transmission system, including freight, storage and handling costs as shown by Company's books for any month exceeds
18.0¢ or is less than 12.0¢ per million British thermal units, then each bill rendered during the next succeeding month, for
service under this schedule, shall be increased or decreased, as the case may be, by 0.022¢ per kwh for each 1.0¢ per million
British thermal units by which such cost exceeds 18.0¢, or is less than 12.0¢ respectively.
If fuels other than oil are used by Company at any of the generating stations interconnected with the main trans-
mission system, a corresponding adjustment shall be made, provided that if the use of such other fuels involves elements of
cost substantially different from those incident to the use of present fuel, upon which this adjustment is based, then such
elements of cost shall be equitably reflected in the adjustment of the monthly hill. Amounts computed under this clause
shall not be reduced by any discount or adjustment.
TAXES AND COMMODITY COSTS:
There may be added to all bills rendered for electric service in accordance with this schedule such bills' proportion-
ate share of any license fee, tax and assessment, imposed by any governmental or taxing authority, other than those or above
those in effect on January 1, 1934, directly or indirectly upon Company on, or based on, property, or commodities pur-
chased, or revenues or receipts, or payrolls, or production, distribution, sale or purchase of electricity or kilowatt- hours,
or any other unit of charge, or on, or based on, any other basis. The Monthly Rate in this schedule is based in part upon
the general level of commodity and labor costs obtaining on January 1, 1934, and upon those commodity and labor costs
paid by Company for the year 1933, and shall be subject to changes to compensate Company for increased costs of commod-
ities and labor and substantial changes in the value or purchasing power of money from that obtaining on January 1, 1934.
Amounts added to bills under this clause shall not be reduced by any discount or adjustment.
TERM OF SERVICE:
Not less than ten years.
RULES AND REGULATIONS:
Service under this schedule is subject to orders of governmental bodies having jurisdiction and to the currently
effective "General Rules and Regulations for Electric Service" on file in Company's office, which are hereby made a part
hereof. A copy of the present effective "General Rules and Regulations for Electric Service" is attached hereto. In case of
conflict between any provision of this schedule and said "General Rules and Regulations for Electric Service" the provisions
of this schedule shall apply.
PASSED AND ADOPTED in the City of Okeechobee, Florida,
this day of , 1938.
President of the City Council
(07 .11(//A.rX/e/t)
Councilmen
APPROVED this A day of a4,14,4- , 1938.
ATTEST:
�
Mayor
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