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Upon motion made by Councilman .
and seconded by Councilman the following
Ordinance was duly passed and adopted: /e2
ORDINANCE NO. /i77
APPROVING A PROPOSED LETTER AGREEMENT BETWEEN
THE CITY OF OKEECHOBEE, FLORIDA, AND FLORIDA
POWER & LIGHT COMPANY, PROVIDING FOR THE SUB-
STITUTION OF SAID COMPANY'S RATE SCHEDULE
NUMBER P-4 FOR AND IN LIEU OF SAID COMPANY'S
RATE SCHEDULE NUMBER X-17 IN THAT CERTAIN
STANDARD LARGE POWER AGREEMENT MOW IN EFFECT
BETWEEN SAID CITY AND SAID COMPANY, DATED THE
14 H D sF 1938 AND COVERING ALL
POWA' AND ENERGY REWIlMw FOR AND IN CONNECTION
WITH SAID CITY'S WATER PUMPING PLANT_LOCATED AT
THE END OF PARROTT-AVFAUK-NEAR LAKE OKEECHOBEE,
OKEECHOBEE, FLORIDA, AND PROVIDING FOR THE AMEND MEST OF SECTIONS 1-A, 2 AND 7 OF SAID STANDARD
LARGE POWER AGREEVENT, AND SETTING FORTH THE
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 fora
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 author-
ised and directed to execute and enter into with Florida Power
& Light Company the saidpropoxed Letter Agreement approved in
section 1 hereof, and hereinafter set forth in form as follows:
FLORIDA POWER & LIGHT COMPANY
MIAMI, FLORIDA
City of Okeechobee, Florida, March 30, 1939.
Okeechobee, Florida.
Gentlemen:
This relates to that certain Standard Large Power
Agreement now in effect between us, dated the 14th day of
January, 1.938, covering all power and energy required for
and in connection with your Water Pumping Plant located at
the end of Parrott Avenue near Lake Okeechobee, Okeechobee,
Florida.
We hereby agree, at your request, that as of the
1st day of December, 1938, our Rate Schedule Number P-4,
marked Exhibit sBs and made a part hereof, shall be substi-
tuted for and in lieu of our Rate Schedule Number X -17, marked
Exhibit '12S in the said Standard Large Power Agreement between
us.
It is further understood and agreed that as of the
date of the above substitution the words 1Contr -act XVV in sec-
tion 1 -A of said Standard Large Power Agreement shall be amended
to read 'kw of Demands
It is further understood and agreed, at your request,
that as of the date of the above substitution, sections 2 and 7
of the said Standard Large Power. Agreement shall be amended to
read as follows:
1'2. That the minimum quantity of power contracted
for hereunder and to be received and paid for by the
Consumer shall be 5 kw of Demand.11
07. That if, during the term of this agreement, the
Company makes effective any other Rate Schedule applicable
to the class of service rendered hereunder which would
result in a net annual bill to Consumer equal to or lower
than Consumer's net annual bill based on Consumer's bills
ending on the last meter reading date prior to the effect-
ive date of such other Rate Schedule, then the Company
shall notify Consumer in writing of such other Rate Sched-
ule and shall deliver to Consumer with the said notice a
copy of such other Rate Schedule, and such other Rate
Schedule shall be automatically substituted for the Rate
Schedule now a part of this agreement, unless Consumer
notifies the Company in writing within thirty (30) days
from the receipt of Company's notice, that Consumer objects
City of Okeechobee, Florida. -2- March 30, 1939.
to such substitution and, if there is no objection,
beginning with the first billing period thereafter,
Consumer shall be billed and pay the Company in accord-
ance with the terms and conditions of such substituted
Rate Scheduie.m
It is further understood and agreed that, except as
expressly provided herein, the said Standard Large Power Agree-
ment 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, under your corporate seal,
in the spaces provided below for that purpose.
We agree to the foregoing this
day of , 1939.
CITY OF OTMECHOBEE, FLORIDA
By,4 , !,,, o� "" —
!
Ma r o�
y
ATTEST:
City Clerk
APPROVED as to form and correctness
this day o , 1939.
.♦ 111
.Attorn y :44TA o ' Okeechobee,
Florida.
Yours very truly,
FLORIDA POWER & LIGHT COMPANY
By 7-4!�____._
Manager
ATTEST:
Assistant Secretary
1
this
PASSED AND ADOPTED in the City of Okeechobee, Florida,
day of , 1939.
President of the City COu c
Counci
APPRO this day of
19
Mayor
I, liCf City Clerk of the
City of Okeechobee, Florida, DO HEREBY CERTIFY that the foregoing
is a true and correct copy of Ordinance No. , passed by the
City Council of the City of Okeechobee, Florida, on the 3r)uCday
of gAft 46�CA.
, 1939.
WITNESS my hand and the official seal of the City
of Okeechobee, Florida, this3./t+ -day of , 1939.
Z26-cti vv
City Cler
• EXHIBIT "B"
FLORIDA POWER & LIGHT COMPANY
Rate Schedule Number P -4
Electric Service
1IUNICIPAL WATER PUMPING
APPLICATION:
For power service to municipalities for the operation of water pumps or to public utilities for supplying water to
znunicipalities and communities and who contract for not less than 5 kw of Demand. -
The use of energy for lighting essential and accessory to the use of power hereunder will be permitted but only for
a total connected load in lighting equipment not exceeding 65 watts per kw of Demand. For such lighting use, Consumer
will provide and maintain all necessary transformers and auxiliary appurtenances.
CHARACTER OF SERVICE:
Three phase, 60 cycles and approximately 208 volts to approximately 4,000 volts, at Company's option.
LIMITATION OF SERVICE:
All service required on premises by Consumer shall be furnished through one meter. Stand -by or resale service not
permitted hereunder.
MONTHLY RATE:
$3.50 per kw of Demand, which Demand charge entitles Consumer to use 70 kwh per kw of Demand.
2.750 per kwh for the next 30 kwh per kw of Demand,
1.750 per kwh for all additional kwh.
Minimum: The Demand charge. Not to be reduced by any discount or adjustment.
Adjustments:
First, —Minus 10% of the amount computed at the above stated rate because of the power agreement made
for a term of not less than 10 years.
Second, —Minus or plus .0220 per kwh for each 10 below 120 or above 180, respectively, in Company's
cost per million British Thermal Units of fuel. For this purpose there shall be employed the weighted average
delivered cost (including freight, storage and handling costs) as shown by Company's books, of all fuel used
during the next preceding month in the generating stations interconnected with Company's main transmission
system.
Third, —Plus the applicable proportionate part of any taxes and assessments imposed by any government-
al authority in excess of those in effect January 1, 1937, which are assessed on the basis of meters or custom-
ers or the price of or revenues from electric energy or service sold or the volume of energy generated or pur-
chased for sale or sold.
DEMAND:
The average kw, adjusted for power factor as indicated below, supplied during the 15- minute period of maximum use
during the current month but not less than 80% of the highest average kw so established during the preceding 11 months
nor less than the Demand stated in the Agreement for service whichever is the higher.
POWER FACTOR:
If Consumer's power factor shall average less than 85% lagging during any month, then Company may adjust the read-
ings taken to determine the Demand 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 determin-
ing the Demand.
TERM OF SERVICE:
Not less than 10 years.
RULES AND REGULATIONS:
Service under this schedule is subject to orders of governmental bodies having jurisdiction and to the currently ef-
fective "General Rules and Regulations for Electric Service" on file in Company's office, which are hereby made a part here-
of. 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 provision of this
schedule shall apply.
L.ORIDA ` ?W'ER' & LIGHT COMPANY
• okoscH0ess: rums OA
'f 1936
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n evi
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bos est.s4 : tom wish to ooaperate tea: with you
and the texpayinesivoli sane did a rev years agD With
respect to your at t 11bt ing soots ‘vatish arraergenent 3s
still in efts.* end :i ish is not et refs bere-, bylby Waiting
to you a dot at apps on net elsetrto b Motbut no bill
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Oks.chobea•
FLORIDA POWER & LIGHT COMPANY
MIAMI, FLORIDA
December 1, 1938
Mr. Alto Watford
City Clerk
Okeechobee, Florida
Dear Mr. Watford:
I wish to thank you for your letter of
November 30, in which you outlined millages for
1938. At the bottom you show a valuation of $23,000.
I am wondering if the City has made a 50%
reduction in its assessed values this year, or whether
this $23,000 represents only our land value. Your
letter failed to state that our personal assessment
is also $23,000, which would also carry the same amount
of tax.
In other words, is our total assessed val-
uation for real and personal property $23,000 or $46,000
for 1938?
I am sorry to see that it was necessary to
levy such an unreasonable millage in your debt serv-
ice, as it will result in practically no collection
of taxes until it is adjusted on a fair basis.
Awaiting your reply and with kind personal
regards, I remain,
ABC:VM
Yours very truly
A. B. CROSBY
Tax Commissioner
4474.40
C. H. ELLIS
DIVISION MANAGER
FLORIDA POWER & LIGHT COMPANY
WEST PALM BEACH, FLORIDA
October 20, 1939
Mr. Alto Watford, City Clerk
City of Okeechobee
Okeechobee, Florida
My dear Mr. Watford:
I am very sorry I have not had a chance to answer your letter
of October 6, but I have been out of the city so much I have
just not had the time.
I am still very much of the same opinion that. I was at the time
Mr.. Crosby and I were in Okeechobee and we talked to you and Mr.
Conely, and that is that any payment of debt taxes at this time
is really a detriment to the City of Okeechobee rather Ithan a
help. Although I do not like to disagree with you, I still feel
I must hold to this opinion at this time.
Hoping that the City of Okeechobee will be able to make some
arrangement for a refunding proposition or bankruptcy procedure,
I am
CHE:MJ
Very truly yours,
C. H. ELLIS
•20.00
MOO
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MOO
FLORIDA POWER & LIGHT COMPANY
MIAMI. FLORIDA
echo)**
PUMA*
October 1, 1937
of Oke hobos
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y author1
provided be
October 1, 1937
aft
Okeechobee, Florida
November 30, 1937
City of Okeechobee
Okeechobee
Florida
Gentlemen:
We are today presenting you with certain portions
of our 1937 Taxes. In this payment there is $830.30 payable
to the operating fund. This amount is the amount after the
5% has been taken off for payment in November,
It is our policy to call to the attention of our
customers the best rate application available for our service.
Although we have done this before, it is always easy for us
to fail to cover all items in conversation, therefore, we are
going to cover the main points in writing in order that you
may be able to study the figures more carefully.
You have just entered into a one year agreement with
us for 18.150 Watt and 36..75 Watt street lights. These lights
are to burn from dark to midnight, at a cost to you of
$1,056.00, or $88,00 per month. It was mutually agreed that
we would not expect the street lights bills to be paid until
we paid otir taxes, and at that time you would pay the amount
due et that time plus six months in advance. We have now
rendered bills for August, September and October, therefore
there becomes payable at this time nine months electric
street light bill or a total of $780,64.
We have a new S Rate Schedule available for Street
Lighting, where a ten year agreement is executed that will
reduce the above cost from $780,64 to $620.10. This is a
considerable saving over your present cost.
#2 « City of Okeechobee
Okeechobee is now in darkness after midnight, a
condition that is not advantageous to Okeechobee both
from a safety and advertising value. 2 am sure that the
people of Okeechobee would endorse a program that called
for all night burning, provided the cost was not prohibitive.
The S Rate mentioned above will give to you all night burning
for the same number of lights and the same nine months
mentioned above et a cost of $702.25, or you may have, by the
execution of a ten year agreement, twice the number of burning
hours for $78.39 less than you are now paying for dusk to
midnight on nine months bill or on 12 months $107.40.
To summarize,your yearly cost of street lighting
is now $1,056.00, which amount covers 18.150 Watt lamps and
36..75 Watt lamps burning from dusk to midnight. The execution
of a ten year agreement will give you all night service on
18»150 Watts and 36.°.75 Watt lamps at a yearly cost, provided
bills are paid within the net period, of $948.60, or a
saving of $107.40 per year, not to mention receiving twice the
number of burning hours of street lighting service.
A considerable saving can also be earned in your
water pumping cost provided a ten year agreement is executed
with schedule No. X.4? attached.
The following is a statement of your water pumping
cost for the past twelve months with a comparison on Schedule
X.,.17:
#3 . City of Okeechobee
PRESENT AMOUNT
MONTH KWH AMOUNT ON x..17
1937
November 5330 $140.84 $ 116.18
October 5580 145.61 120.21
September 4760 131.03 107.03
August 4910 133.40 109,45
July 4670 129.01 105.59
June 5230 139.07 114.59
May 4920 133.43 109.61
April 5360 141.70 116.67
March 4470 124.26 102.38
February 5570 142.93 120.04
January 6140 152.81 129.20
1936
December 6660 161.43 138.44
63600 1675.52 1389.39
The above is based on your operations continuing
on present operating demand basis. The above shows a net
saving of $286.13 by the execution of a new ten year agree..
ment only.
In conclusion your present water pumping and street
lighting cost is $1056.00 plus $1675.52 or $2,731.52 per year.
The execution of two new agreements on present basis would
save $286.13 plus $217.20 or $503.33 per year. Or to say it
in another way, by the execution of ten year agreements yoe
could turn on thirty more 75 Watt street lights, which would
make your entire system on, and burn all of them all night
for only $4.46 more per month than your present cost.
We wish to thank you for the business you have given
us and to assure you of our cooperation in any manner we may
be of service to you.
YQyira ry tru ,
C. C. McCain
Agent.
MUNICIPAL.STREET LIGHTING AGREEMENT
FORM 216-A 500 10410
THIS AGRE MENTT made this ./A day of , 19 , by and between
the of
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 M g r Oba
min accordance with the terms and provisions hereof.
, Florida, fl'5111,P II
notice from e - • overhead bracket street lights, and to connect said street lights to the Company's overhead street
lighting circuits, and to main . , ' renew and clean all of the overhead street lights now or hereafter installed in
, Florida, provide.,
to extend its street lighting circuits more than 300 feet in order to reach an
by the Consumer, as herein provided, the Consumer agrees to reimburse the Company
h• cos .f .ol•s.
in the event it shall be necessary for the Company
overhead bracket street light ordered
xcess of 300 feet, of
other type o
not further than 200 fee ap
overhead or underground street lighting circ
ever, that in the event it shall be necessary for the Company
to reach any additional "White Way" or other type of ornamental post, or
Consumer as herein provided, the Consumer agrees to reimburse the Company for the
ornamental bracket street lights of a type mutually satisfactory, said lights to be spaced
d along the same side of the street, and to connect said street lights to the Company's
intain, renew, repair and clean all said street lights, provided, how-
' s street lighting circuits more than 200 feet in order
bracket street lights ordered by the
200 feet, of making
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.
VV
Section 5. A To clean all glassware ai ' 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...Bxt�icle 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 11.
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
, 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
Florida, in accordance with the schedules marked Schedule 1,
el!!']t"`attached hereto, and made a part hereof.
Section 3. In the event the Consume . shall request the Company to maintain the "White Way" system as provided
in Section 5 of Article 1 hereof, to pay 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 111.
IT IS MUTUALLY AGREED:
Section 1. That the tailidit street lighting system within the corporate limits of
Florida. *SU consist of :
100 (Candle power) Iamps
250
400
600
supported on bracket type fixtures, owned by the Company, and
A
(( ((
if
'' (( ((
(( 1( ((
(4 (( it
((
it
250 (Candle power) lamps
400 it " "
600
if
((
(( ((
(( ((
(( it
supported on "White Way ", and /or other type of ornamental post or ornamental bracket fixture, owned by the Company, and
12 # Watt %amps operatuats ,j an la ! ti
+: (( (( ((
" " " w 34
24 +-
(( (( ((
((
((
((
u4 t -
supported on "White Way" and /or other type of o ental at or ornamentsl, bracket fixture, owned by the Consumer.
* to PRA. ♦ 1.
ection That by street hg tmg," as used in this Agreement, meant the lighting 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 suchglamps 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
correspondin ly in ea,„
IS
in the event the ompa ' (( r serve additional street lights at any time or from time to time within
two (2) years prior to the expir . ton of this Agreement or o hich in the aggregate equal twenty
(20) per centum of the number of street lights served by the Company at the beginning o ( eriod,
4 4,',
time or from time
however, in the aggregate do not equa or
pany at the beginning of the said two (2)
serve such additional street lights unless
0
2
years prior' to the expiration of this Agreement or any extension hereof, which,
20) per centum of the number of street lights served by the Com-
nt period, then a nt the Company may refuse to install and /or
the gross revenue to be received durm. - ... • in. life of this Agreement
The Company shall be deemed to have exercised its election when it shall have mailed a notice to that effect addressed
O �
, ' Meek of { t " a t' ' , 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 understooF1 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:
r
crier 0? CIETIONO 1EL IAA
Attest:
Mayor
A POWER & LIGHT COMPANY
President
Attest:
day of
Attorney loi
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