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0192 (Agreement with FPL)Upon motion made by'Couxcilman GO e24444./ and seconded by Councilman , the following Ordinance was duly passed and adopted: ORDINANCE NO. / 92 APPRO7ING A MUNICIPAL STREET LIGHTING AGREE- MENT WITH FLORIDA POWER & LIGHT COMPANY PRO - VIDING FOR THE FURNISHING BY SAID COMPANi AND THE PURCHASING BY THE CI` : OF OKEECHOBEE, FLORIDA, OF ALL ELECTRIC ENERGY AND SERVICE` NECESSARY FOR THE OPERATION OF THE STREET LI :`ING SYSTEM WITHIN THE SAID CITY OF OKEE- CHi.3r, AND-SETTING OUT THE TERMS AND CON- DITIONS UNDER WHICH THE SAID ELECTRIC ENERGY AU SERVICES SHALL BE FURNISHED BY SAID COM- PANY 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 nECUTE 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 OKEECHOBEE, FLORIDA: 1. That the proposed Municipal Street Lighting Agree- ment with Florida Power & Light Company, which is hereinafter set forth in form in section 2 hereof, be and is hereby approved in for' and substance. g. That, the Mayor and C.:.4 Clerk df and on behalf of the City of Okeechobee, Florida, ,be and they ol.e hereby directed to execute and enter into with Florida Power & Light Company the said Municipal' Street Lighting Agreement approved in section 1 rrr hereof and hereinafter set forth in .form as follows: t MUNICIPAL STREET LIGHTING AGREEMENT FORM 2I -A Roo IO.ao sa THIS AGREEMENT made this / 3 day of ,1-+°,Ie PA, OB-r , 19.5 &, by and between the MY of Qke9cb bed , 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 Siity___o Okeechobee , Florida, from dusk to dawn, in accordance with the terms and provisions hereof. Section 2. To install on the Company's existing distribution poles within thirty (30) days after receipt of written notice from the Consumer, overhead bracket street lights, and to connect said street lights to the Company's overhead street lighting circuits, and to maintain, repair, renew and clean all of the overhead street lights now or hereafter ins�alleii in City of Okeechobee , Florida, 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 any additional overhead bracket street light ordered by the Consumer, as herein provided, the Consumer agrees to reimburse the Company for the cost, in excess of 300 feet, of making such extension to its street lighting circuits, including the cost of poles. • ♦�i.�•l ♦J•i ri 3.1y11 J./�.f+i:N •••�,.k �: `ii.:�4`fL 9� "�L•� iJ �v �'.l •. J:I,l.A t>11•G3S �`.+. 3. '••�I i, 4•.7•J:> +. v • �. .••Ta.w :, 'os or ornamen +race s ree ig so a ype mu ua y sa is ac ory, sal ig is o +e space+ not further thans.t • ='" • » z: �: on. the same side of the street, and to connect said street lights to the Company's overhead or underground street lighting .� + • �+ • renew, repair and clean all said street lights, provided, how - + T+ hating circuits more than 200 feet in order ever, that in the event it shall be necessary for the Compan • • +... , , li hts ordered by the to reach any additional "White Way" or other type of ornamental post, or o +., .���• Y Consumer as herein provided, the Consumer agrees to reimburse the Company for the cost, in ex •4,1• " ^ ► a• .•. • + s :4.• is r:1 aY J:.�i4.J rH .V.iv��1 .•v.i�•. ••.••••••••••••. 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 circuits, including the cost of poles. Section 5. To clean all glassware, ae B 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. 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_aitY.._.Q ._0k00.0Q144..., 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. 'Slew Section 2. To pay for all the energy and services furnished by the Company at the office of the Company in t3it.- af_Oksec1lobee , Florida, in accordance with the schedules marked Schedule9lXs_1 aid S-4 Ara attached hereto, and made a part hereof. FLORIDA POWER & LIGHT COMPANY City' of Ok leehObuFlorida Mnrc d 15th , 1939 clay of Okeechobee, Okeechobee, Florida Gentlemen : This relates to that certain Street Lighting Agreement now in effect between us dated the 13h day of Se?t*mber , 19Z8 , and to all supplementary and supplemental agreements thereto, if any. In view of the fact that we have revised and simplified our new "S" Type Street Lighting Rate Schedules by eliminating the gross bills provision and the commodity cost clause contained in said Rate Schedules, we hereby agree, at your request, that as of the first day of December, 1938, the attached revised Street Lighting Rate Schedules shall be made a part of the said Street Lighting Agreement and substituted for and in lieu of the Street Lighting Rate Schedules now a part of the said Street Lighting Agreement in the following manner: iced :Rate Sch ule Number S -1 for Rate Schedule be 3 -1; « S -4 s 0 n S -4. It is understood and agreed that, except as expressly provided herein, the said Street Lighting Agreement and all supplementary and supplemental agreements thereto, if any, shall remain in full force and effect between us. If you agree to the foregoing, kindly so indicate by causing this letter and the attached copies to be executed by your duly authorized officials in the spaces provided below for that purpose. We agree to the foregoing this ern o: CHOBEE , 1939. day of Very truly yours, Florida. Approved a to form and correctness this day of 1939. _ , Florida. FLORIDA POWER & LIGHT COMPANY Manager ATTEST: Assistant Secretary APPROVED SALES RATE 1 FORM • • • years, and further provided, in the event the Company is requested to install and /or serve additional street lights at any time or from time to time within two (2) years prior to the expiration of this Agreement or any extension hereof, which, however, in the aggregate do not equal or exceed twenty (20) per centum of the number of street lights served by the Com- pany at the beginning of the said two (2) year period, then and in that event the Company may refuse to install and /or serve such additional street lights unless the gross revenue to be received during the then remaining life of this Agreement under the terms and provisions hereof will equal at least twice the total cost to 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 City _Clerk_ , of City...of'.Dkoershohea , Florida. Section 6 -1 which is made a part hereof (see page 4) Section 7. That should d the Consumer fad at any time or froni ti a 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: Appro City-- o-�-- 4keachohee_,_._P10 -r3d.a By /1/1/ 27/..e -4/1 Attest: Mayor FLORIDA POWER & LIGHT COMPANY By Attest: President and General Manager i �t�rm aid co,A, {-ect „es•3 thta- day of_ Asst. Secretary Attorney for •-, __ iorids PASSED AND ADOPTED in the City of Okeechobee, Florida, this /344 day of , 1938. APPROVED this /3 day of MAYOR President of the ' President of the 'ity Counci ATTEST: LitiGE10,—ES �C it Y e C 1 rk Councilmen , 1938. Upon motion made by Councilman and seconded by Councilman o!_ , the following Ordinance was duly passed and adopted: 4 ORDINANCE NO. /9 APPROVING A PROPOSED LETTER AGREEMENT WITH FLORIDA POWER & LIGHT COMPANY PROVIDING FOR THE SUBSTITUTION OF SAID COMPANY'S REVISED AND SIMPLIFIED "S" TYPE STREET LIGHTING RATE SCHEDULES FOR AND IN LIEU OF THE STREET LIGHTING RATE SCHEDULES NOW CONTAINED IN THAT CERTAIN STREET LIGHTING AGREEMENT NOW IN EFFECT BETWEEN THE CITY AND SAID.COMPANY, DATED THE 13TH„YDAY OF SEPTEMBER, 1938, AND SETTING OUT-SHE TERMS AND CONDITIONS UNDER WHICH THE FOREGOING SHALL BE EFFECTED; 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 PROPOSED LETTER AGREEMENT WITH FLORIDA POWER & LIGHT COMPANY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA: 1. That the proposed Letter 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 the 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 proposed Letter Agreement approved in Section 1 hereof, and hereinafter set forth in form as follows: FLORIDA POWER & 'LIGHT COMPANY Rate Schedule Number S -1 Electric Service INCANDESCENT STREET LIGHTING WOOD POLE BRACKET TYPE FIXTURE Overhead System — Dusk to Dawn Service — Company Ownership APPLICATION OF SCHEDULE: For lighting of public streets, alleys, thoroughfares and public parks by incandescent metallic filament lamps in over- head wood pole bracket type fixtures owned and approved by Company, installed on poles of Company's distribution system. CHARACTER OF SERVICE: Single phase, approximately 60 cycles, from Company's existing series or multiple system, at Company's option. Service includes installation, energy, maintenance, lamp renewals and patrol. LIMITATION OF SERVICE: Limited to the exclusive use of Consumer and shall not be resold or shared with others. NET ANNUAL RATE: Series Lamps Multiple Lamps Nominal Candle- Dusk to Dawn Rating Dusk to Dawn power of Lamp Service in Watts Service 60 $16.30 50 $16.30 80 17.40 60 17.40 100 18.50 75 18.90 250 27.00 100 21.60 400 34.50 150 26.90 600 44.90 200 32.20 1000 66.20 300 42.80 500 64.00 Net Monthly Bill: One - twelfth of the amount computed at the Net Annual Rate including the following adjustments. Adjustments: First, - -Minus or plus one -half of one percent of the amount computed at the above stated rate for each whole point in the "All commodities" index below 70 or above 110, respectively. For this purpose there shall be employed the average of the three most recently published monthly values for the "All commodities" index taken from "Wholesale Prices" compiled by the United States Department of Labor, (adjusted to a 1926 base if any other date should be employed for the base by the United States Department of Labor). Second, —Plus the applicable proportionate part of any taxes and assessments imposed by any governmental authority in excess of those in effect January 1, 1937, which are assessed on the basis of meters or customers or the price of or revenues from electric energy or service sold or the volume of energy generated or purchased for sale or sold. GROSS MONTHLY BILL: The Net Monthly Bill plus 10 percent. PROMPT PAYMENT DISCOUNT: The difference between the gross and net bills. Allowed on hills paid within 15 days from date rendered, provided that no previous bill remains unpaid. Bills will be rendered at monthly intervals and are due upon presentation. NOMINAL CANDLE- POWER: For the purpose of billing under this rate schedule, the Nominal Candle -power is to be taken as the manufacturer's rating of lamp in lumens divided by 10. TERM OF SERVICE: Not less than ten years. A • FLORIDA POWER & LIGHT COMPANY Rate Schedule Number 5-1 Electric Service INCANDESCENT STREET LIGHTING WOOD POLE BRACKET TYPE FIXTURE Overhead System — Dusk to Dawn Service — Company Ownership APPLICATION: For lighting of public streets, alleys, thoroughfares and public parks by incandescent metallic filament lamps in over- head wood pole bracket type fixtures owned and approved by Company, installed on poles of Company's distribution system. CHARACTER OF SERVICE: Single phase, approximately 60 cycles, from Company's existing series or multiple system, at Company's option. Service includes installation, energy, maintenance, lamp renewals and patrol. LIMITATION OF SERVICE: Stand-by or resale service not permitted hereunder. ANNUAL RATE: Series Lamps Multiple Lamps Nominal Candle- Dusk to Dawn Rating Dusk to Dawn power of Lamp Service in Watts Service 60 816.30 50 816.30 80 17.40 60 17.40 100 18.50 75 18.90 250 27.00 100 21.60 400 34.50 150 26.90 600 44.90 200 32.20 1000 66.20 300 42.80 500 64.00 Monthly Bill: One - twelfth of the amount computed at the Annual Rate including the following adjustment. Adjustment: Plus the applicable proportionate part of any taxes and assessments imposed by any governmental author- ity in excess of those in effect January 1, 1937, which are assessed on the basis of meters or customers or the price of or revenues from electric energy or service sold or the volume of energy generated or purchased for sale or sold. NOMINAL CANDLE- POWER: For the purpose of billing under this rate schedule, the Nominal Candle -power is to be taken as the manufacturer's rating of lamp in lumens divided by 10. TERM OF SERVICE: Not less than 10 years. B FLORIDA POWER & LIGHT COMPANY Rate Schedule Number S -4 Electric Service INCANDESCENT STREET LIGHTING Dusk to Dawn Service — Consumer Ownership APPLICATION: For lighting of public streets, alleys, thoroughfares and public parks by incandescent metallic filament lamps in systems installed, owned and :maintained by Consumer. CHARACTER OF SERVICE: Single phase, approximately 60 cycles, from Company's existing series or multiple system, at Company's option. Service includes only energy, lamp renewals and patrol. LIMITATION OF SERVICE: Stand -by or resale service not permitted hereunder. ANNUAL RATE: Series Lamps Multiple Lamps Nominal Candle- Dusk to Dawn Rating Dusk to Dawn power of Lamp Service in Watts Service 60 $12.30 50 $12.30 80 13.40 60 13.40 100 14.50 75 ✓ 14.90 ✓ / 250 23.00 100 17.60 400 30.50 150 22.90 , 600 40.90 200 28.20 1000 62.20 300 38.80 300 60.00 Monthly Bill: One - twelfth of the amount computed at the Annual Rate including the following adjustment. Adjustment: Plus the applicable proportionate part of any taxes and assessments imposed by any governmental author- ity in excess of those in effect January 1, 1937, which are assessed on the basis of meters or customers or the price of or revenues from electric energy or service sold or the volume of energy generated or purchased for sale or sold. NOMINAL CANDLE- POWER: For the purpose of billing under this rate schedule, the Nominal Candle -power is to be taken as the manufacturer's rating of lamp in lumens divided by 10. TERM OF SERVICE: Not less than 10 years. B , ,• FLORIDA POWER & LIGHT COMPANY Rate Schedule Number S4 Electric Service INCANDESCENT STREET LIGHTING Dusk to Dawn Service — Consumer Ownership APPLICATION: For lighting of public streets, alleys, thoroughfares and public parks by incandescent metallic filament lamps in systems installed, owned and maintained by Consumer. CHARACTER OF SERVICE: Single phase, approximately 60 cycles, from Company's existing series or multiple system, at Company's option. Service includes only energy, lamp renewals and patrol. LIMITATION OF SERVICE: Stand -by or resale service not permitted hereunder. ANNUAL RATE: Series Lamps Multiple Lamps Nominal Candle- Dusk to Dawn Rating Dusk to Dawn power of Lamp Service in Watts Service 60 812.30 50 812.30 80 13.40 60 13.40 100 . 14.50 75 ✓ 14.90 / / 250 23.00 100 17.60 400 30.50 150 22.90 . 600 40.90 200 28.20 1000 62.20 300 38.80 500 60.00 Monthly Bill: One - twelfth of the amount computed at the Annual Rate including the following adjustment. Adjustment: Plus the applicable proportionate part of any taxes and assessments imposed by any governmental author- ity in excess of those in effect January 1, 1937, which are assessed on the basis of meters or customers or the price of or revenues from electric energy or service sold or the volume of energy generated or purchased for sale or sold. NOMINAL CANDLE- POWER: For the purpose of billing under this rate schedule, the Nominal Candle -power is to be taken as the manufacturer's rating of lamp in lumens divided by 10. TERM OF SERVICE: Not less than 10 years. B PASSED AN ADOPTED in the City of Okeechobee, Florida, this -- day of , 1939. APPROVED this if ay of r� �(//. ✓.a Mayor President of the City Council ,7 Councilmen , 1939.