Loading...
0224 (Lighting Agreement with FPL)Upon motion made by Councilman Wa L and seconded by Councilman 17. D%4 %morn S , the following Ordinance was duly passed and adopted: ORDINANCE NO. "..A.),4- APPROVING A MUNICIPAL STREET LIGHTING AGREE- MENT WITH FLORIDA POWER & LIGHT COMPANY PRO - VIDING FOR THE FURNISHING BY SAID COMPANY AND THE PURCHASING Bt THE CITY OF OKEECHOBEE, FLORIDA, OF ALL ELECTRIC ENERGY AND SERVICES NECESSARY FOR THE OPERATION OF THE STREET LIGHTING SYSTEM WITHIN THE SAID CITY OF OKEE- CHOBEE, AND SETTING OUT THE TERMS AND CON- DITIONS UNDER WHICH THE SAID ELECTRIC ENERGY AND 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 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 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 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 lgreement approved in section 1 hereof and hereinafter set forth in form as follows: • • PASSED AND ADOPTED in /the City of Okeechobee, (007 Florida, this /4 day of 6o bg✓ , 1946. President of e City Council /r i < <✓ PYesi den iPeo- 6T- �f APPROVED this _ day of C T ATTES : MAYOR City Clerk Councilmen 1946. FLORIDA POWER & LIGHT COMPANY Rate Schedule Number S -15 Electric Service INCANDESCENT STREET LIGHTING — OVERHEAD CONDUCTORS BRACKET FIXTURE— COMPANY OWNERSHIP APPLICATION: For lighting of public streets, alleys, thoroughfares and public parks by incandescent metallic filament lamps in bracket type fixtures owned by Company and installed on existing poles of Company's distribution system. CHARACTER OF SERVICE: From Company's series or multiple system, at Company's option. Service includes installation, maintenance, lamp renewals, patrol and energy from sunset each day until sunrise the following day. LIMITATION OF SERVICE: Stand -by or resale service not permitted hereunder. ANNUAL RATE: Lamp Rating Per Lamp Lumens per Year Radial Wave or Unenelosed Unit. 1000 or less $18.00 Radial Wave or Unenclosed Unit 2500 22.50 Globe Enclosed Unit. 4000 28.50 Globe Enclosed Unit. 6000 36.00 Globe Enclosed Unit. 10000 51.00 For Center Suspension Mounting Add $ 3.00 For Separate Pole Mounting — Wood 2.00 For Separate Pole Mounting — Steel 9.00 Monthly Bill: One - twelfth of the amount computed at the Annual Rate including the following adjustments. Adjustments: 40 First, —Minus or plus per month per 1000 lumens of lamp rating for each 10 below 120 or above 180, re- spectively, 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. 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. TERM OF SERVICE: Not less than 10 years. A, FLORIDA POWER & LIGHT COMPANY Rate Schedule Number S -18 Electric Service INCANDESCENT STREET LIGHTING — 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: From Company's series or multiple system, at Company's option. Service includes lamp renewals, cleaning, patrol and energy from sunset each day until sunrise the following day. LIMITATION OF SERVICE: Stand -by or resale service not permitted hereunder. ANNUAL RATE: Lamp Rating Per Lamp Lumens per Year 1000 or less $13.50 2500 17.50 4000 23.50 6000 31.00 10000 46.00 Monthly Bill: One - twelfth of the amount computed at the Annual Rate including the following adjustments. Adjustments: .4, First, —Minus or plus After month per 1000 lumens of lamp rating for each 1¢ below 12¢ or above 18¢, re- spectively, 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. 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. TERM OF SERVICE: Not less than 10 years. A: MUNICIPAL STREET LIGHTING AGREEMENT FORM 218 -A 500 8-45 THIS AGREEMENT made this 1 4' day of CC 74' 2 6 e r— , 19 46,, by and between the CITY of OK CHOBEE Florida, a Municipal Corporation organized and existing under the laws of the State of Florida, and its successors (hereafter called Consumer), and FLORIDA POWER 61 LIGHT COMPANY, a corporation organized and existing under the laws of the State of Florida, its successors and /or assigns (hereafter called 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. COMPANY AGREES: SECTION 1. In so far as reasonable diligence will enable it to do so, to furnish electric energy and services to Consumer for the street lighting system within the corporate limits of O 'r:CHO,3 E , Florida, in accordance with the terms and provisians hereof. SECTION 2. To install on Company's existing distribution poles within thirty (30) days after receipt of written notice from Con- sumer, evidenced by a letter from Consumer's Con- City Clerk under Consumer's corporate seal, setting forth that such installation has been duly authorized by Consumer's governing body, overhead bracket street lights, and to connect said street lights to Company's overhead street lighting circuits, and to maintain, repair, renew and clean all of the overhead street lights now or hereafter installed in OEECHOBEL , Florida, provided, however, that in the event it shall be necessary for Company to extend its street lighting circuits more than 300 feet in order to reach any additional over- head bracket street light ordered by Consumer, as herein provided, Consumer agrees to reimburse Company for the cost, in excess of 300 feet, of making such extension to its street lighting circuits, includin g the cost of poles. • ft ; **Al . 'G TA n ii.1 $' 11%61 \Ti • i ,f ;910.* i • i S a � � U e i •. 14 • 11.4.4 tV.4:9. i'i .411 'i • ia►.i t iv 414IF * r A.t under G,nsumer's corpor^��i�t�' ;• <,v.ti, hat such installation has been duly authorized by Consumer's governing body, "White Way or o - �s ii • ? post or ornamental bracket street lights ,Rt16. of a type mutually satisfactory, said lights to be space..st +i,ay�i `• .+ eet apart measured along the same side of the street, and D connec said street l ghts to Compan Company's +��. ;s.�'tl. street lighting circuits and to maintain, renew, repair and clean all said lights, p *���yi, i s all be necessary for Company to extend its street lighting circuits more than 200 feet n order to re..,�y;� «;t -��• it ite Way" or other type of ornamental post, or ornamental bracket street lights ordered by Consumer s her in .rovi: onsumer agrees to reimburse Com.an for the cost, in excess of 200 feet, of making such extension to its street lighting 1,1, *A., lc. '.,f.: 0. t;;1+3't•,,? et 1a1 Am•* * IV* a.t.t,1.1.tt.t.•.•ia, . *At .ii.t•t,•.i;t.tt *Aa. *9ikeI t.tta. •***+.*•ea`t.•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 Company's overhead street lighting circuits to the point of connection with Consumer's underground cable connecting together street lights forming Consumer's "White Way" street lighting system so constructed by said Consumer, provided, however, that in the event it shall be necessary for Company to extend its street lighting circuits more than 300 feet in order to reach such point of connection, Consumer agrees to reimburse Company for the cost, in excess of 300 feet, of making such extension to its overhead street lighting circuits, including cost of poles. SECTION 5. To clean all glassware when necessary and to furnish lamp renewals for the "White Way" street lighting system which is now or may hereafter be installed by Consumer. In the event Consumer shall request Company and shall also pay the additional charges hereafter provided in Section 3 of Article II hereof, Company agrees to maintain said "White Way" system, provided, however, in no event shall Company be liable to replace or repair broken or damaged "White Way" posts. Company, however, reserves the right to exclude cable replacements as a maintenance obligation hereunder when, in its judg- ment, 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 or to substitute for any street light in use at one location any other street light of the same type and ownership, and of the same or greater candlepower and wattage, not in use at any other location, upon pay- ment by the Consumer of the cost of such change or substitution and upon thirty (30) days' written notice from the Consumer evidenced by OKEECHOBEE • letter from Consumer's , under Consumer's corporate seal, setting forth that such change in location or substitution of street light has been duly authorized by Consumer's governing body. ARTICLE II. CONSUMER AGREES: SECTION 1. To purchase from Company all electric energy and services necessary for the operation of the street lighting system within the corporate limits of OK CHOBE` , 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 Company and /or Consumer, under Article I of this Agreement. SECTION 2. To pay for all the energy and services furnished by Company at the office of Company in 'KEE'Ct" z Florida, in accordance with the schedules attached hereto, made a part hereof and marked Numbers $.15 enc: S -18 • SECTION 3. In the event Consumer shall request Company to maintain the "White Way" system as provided in Section 5 of Article I hereof, to pay monthly 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 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 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 Company harmless from any and all loss, cost, damage or expense that may be caused to Company by reason of the failure on the part of Consumer to properly construct, renew, repair and /or maintain said street lighting system in accordance with the provisions hereof. IT IS MUTUALLY AGREED: SECTION 1. That the ARTICLE III. existin Okeechobee • 47 50 , Florida, street lighting system within the corporate limits of SIO'I� consists of: 100 (Candle power) lamps 250 " 400 600 supported on bracket type fixtures, owned by Company and 250 (Candle power) lamps 400 600 " supported on "White Way" and /or other type of ornamental post or ornamental bracket fixtures, owned by Company, and 250 (Candle power) lamps 30 400 " 600 75 Matt 44 44 44 44 supported on "White Way" and /or other type of ornamental post or ornamental bracket fixtures, owned by Consumer. SECTION 2. That if, during the term of this Agreement, Company makes effective in the territory served hereunder any other street lighting rate schedule or schedules applicable to the service rendered hereunder which would have resulted in a total net annual bill to Consumer equal to or lower than Consumer's total net annual bill for the 12 -month period prior to the effective date of such other street\ lighting rate schedule or schedules, then Company shall notify Consumer in writing of such other street lighting rate schedule or schedules, and such other street lighting rate schedule or schedules shall be automatically substituted for the rate schedule or schedules now a part of this Agreement, unless Consumer notifies Company in writing within thirty (30) days from the receipt of Company's notice that Consumer objects to such substitution, and, if there is no objection, beginning with the first billing period thereafter, Consumer shall be billed and pay Company in accordance with the terms and conditions of such substituted rate schedule or schedules. SECTION 3. That by "street lighting ", as used in this Agreement, is meant the lighting of streets, avenues,, alleys, parks and public places other than public buildings. SECTION 4. That no liability to furnish or take service shall exist at any time that either party is prevented from complying 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 Company, is necessary for the purpose of repairing or making more efficient all or any part of its electrical generating or other electrical equipment. SECTION 5. That 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 6. That 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 Company's consent. Company will replace any lamp with one of increased candle power at the written request of — 2 — Consumer, evidenced by a letter from Consumer's , under Consumer's corporate seal, setting forth that such request has been duly authorized by Consumer's governing body, in which case the monthly bill or bills thereafter rendered shall be correspondingly increased. SECTION '7. That this Agreement shall be for a term of ten (10) years from , 19 and shall extend for a further period or periods of five (5) years from the termination of the said ten (10) years, or any extension thereof, unless written notice given by either party to the other not more than ninety (90) nor less than thirty (30) days before the date of term, ination of the said ten (10) years, or any extension thereof, either party shall have signified its desire to terminate this Agreement, provided, however, that in the event Company is required 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 of any extension hereof which in the aggregate equal twenty (20) per centum of the number of street lights served by Company at the beginning of the said two (2) year period, the term of this Agreement shall, at the election of Company, be extended for a further period or periods of five (5) years, and further provided, in the event Com' pany 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 ex' piration 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 Company at the beginning of the said two (2) year period, then and in that event 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 Company of such installations. Company shall be deemed to have exercised its election when it shall have mailed a notice to that effect addressed City '31 -2'k of 4�ri f__' �� � ��"' , Florida SECTION 8. That should Consumer fail at any time or from time to time to pay for the electric energy and services furnished hereunder or otherwise fail to perform any of the terms and conditions of this Agreement, Company, at its option, may refuse to snake any additional installations under Article I of this Agreement and /or cease to supply electric energy and services to Consumer here, under until Consumer has made such payments or otherwise fully complied 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 services shall not be a breach of this Agreement by Company nor shall cancel any of the terms and conditions of this Agreement. SECTION 9. That this Agreement supersedes all previous Agreements or representations, either written or verbal, heretofore in effect between Consumer and Company, made with respect to matters contained herein and, when duly executed, constitutes the Agreement be tween the parties hereto. SECTION 10. That this Agreement shall inure to the benefit of and be binding upon the successors of Consumer and the successors and /or assigns of 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 Consumer: Witnesses for Company: Approved as to form and correctness this t/`". day of Q -74'c7 6 e r- '7711 Attorney for h; �. s r �t... �i�.QR.i , Florida. 19 46 r/! �.a;., .•;.,v: , Florida By Mayor Attest: C it y Clerk FLORIDA POWER & LICHT COMPANY By Attest: —3— Manager Asst. Secretary ° -4- FLORIDA POWER & LIGHT COMPANY GENERAL RULES AND REGULATIONS FOR ELECTRIC SERVICE Revised January 1st, 1934 The following definitions . are given for the purpose of establishing standard interpretations of these terms as used in the Company's Rules and Regulations and agreements. "COMPANY " — FLORIDA POWER & LIGHT COM- PANY, a corporation organized and existing under the laws of the State of Florida. "CONSUMER" —Any corporation partnership, firm, association or individual supplied with electric service by the Company. "SERVICE " — Service, as mentioned in these Rules and Regulations and in agreements with Consumers, shall be construed to include, in addition to all power and energy required by Consumer, the readiness and ability on the vart of the Company to furnish power to the Con- sumer. Thus, the maintenance by the Company at the point of delivery of approximately the agreed voltage and frequency shall constitute the rendering of service, irre- spective of whether Consumer makes any use thereof. "CONSUMER'S INSTALLATION" —All wires, cut- outs, switches and appliances and apparatus of every kind and nature used in connection with or forming a part of an installation for utilizing electric service for any purpose, ordinarily located on the Consumer's side of "Point of Delivery," and including "Service Leads," whether such installation is owned outright by Consumer or used by Consumer under lease or otherwise. "POINT OF DELIVERY" —The point where the Company's wires or apparatus are connected with those of the Consumer. "SERVICE WIRES" —The wires of the Company to which are connected the "Service Leads" of the Consumer. "SERVICE LEADS" —The portion of the Consumer's Installation to which the Company connects its Service Wires. LOAD " — Connected load, connected horsepower, or connected kilowatts, is the combined nominal rated capacity of all motors and /or other current consuming devices on Consumer's premises which may be operated with electric service supplied by the Com- pany. AXIMUM DEMAND " — Maximum demand is the average amount of electrical power measured in kllawatta or horsepower required by a Consumer through- out a given interval of time. Usually the interval is of fifteen minutes' duration, but in case Consumer's demand fluctuates rapidly, maximum demand may at the option of the Company be based upon an interval of less than fifteen minutes. "MONTH"—An interval between successive meter i width interval may be 80 days, more or less. SERVICE AGREEMENTS To obtain electric service, application should be made at the nearest office of Florida Power & Li?ht Company. Usually it will be necessary for the applicant only to sign agreement for service and post a guarantee deposit. Information Needed: The applicant should be cer- tain to tender to the Company his correct name and ad- dress, giving the street and house number, or name of the subdivision, with lot and block numbers. When pos- sible, he should, at the outset, determine whether or not the property to be served is adjacent to the Company's distribution system, and, if so, the characteristics of the power supply. Character of Service Available: Alternating current at a frequency of approximately sixty cycles is available as follows: Single phase, two or three -wire; three - phase, three -wire; or three- phase, four -wire. For lighting, sin- gle phase service is furnished, with a nominal voltage of approximately 115. For small power and cooking pur- poses or for special apparatus, single or three -phase serv- ice, with a nominal voltage of approximately 230 for each phase, is furnished, depending upon the class of service required. The supply circuits may, at the option of the Company, be either above or under ground. Signed Application Necessary: Service is furnished only upon signed application or agreement accepted by the Company, and the conditions of such application or agreement are binding upon the Consumer as well as up- on the Company. Applications are accepted by the Com- pany with the understanding that there is no obligation on the part of the Company to render service other than that character of service which is then available at point of delivery. A copy of each application or agreement for service accepted by the Company will be furnished to the applicant upon request. Applications by Agents: Applications for service re- quested by firms, partnerships, associations, corporations, etc., shall be tendered only by duly authorized parties. When service is rendered under agreement or agree- ments entered into between the Company and an agent of a principal, the use of such service by the principal shall constitute full and complete ratification by the prin- cipal of the agreement or agreements entered into be- tween agent and the Company and under which such service is rendered. The Company may withhold or discontinue service rendered under application made by any member or agent of a family, household, organization or business unless all prior indebtedness to the Company of such family, household, organization or business has been set- tled in full. Term of Agreements: Upon its expiration, an agree- ment which is subject to the Rules and Regulations of the Company shall be automatically renewed for a like term to that stated in the agreement, unless within not more than ninety (90) days nor less than thirty (80) days before the date of termination either party give. written notice to the other of its intention not to renew the same, or unless otherwise specifically stated in the agreement. Short Term Service: Short Term (or Temporary) Service will be supplied only when the Company has available unsold capacity of lines, transformers, gener- ating and other equipment for the service requested. Short Term Service usually refers to service only for short periods of time, without regard to the season of the year, such as service for exhibitions, displays, bazaars, fairs, construction work (including floor polishing), camps, houseboats, etc. Applicants for such temporary service shall pay to the Company in advance the cost of installing or removing any facilities necessary to furnish service, and deposit with the Company a guarantee which is not less than the estimated amount of the Company's bill for such service. Service ender temporary or short term agreements shall apply only to the location and only within the period of time specified therein, and shall be utilized only by the contracting party. Limitation of Use: Electric service purchased from the Company shall be used by the Consumer only for the purposes specified in application for service, and the Con- sumer shall not sell or otherwise dispose of such service. Electric service furnished to the Consumer shall be ren- dered directly to the Consumer through Company's indi- vidual meter and shall be for Consumer's own use and may not be re- metered by the Consumer for the purpose of selling or otherwise disposing of electric service to lessees, tenants or others and under no circumstances shall the Consumer or Consumer's agent or any other individual, association or corporation install meters for the purpose of so re- metering said service and all instal- lations for re- metering heretofore made shall be discon- tinued as soon as practicable, and in any event within a period of one year from May 9th, 1932. In no case shall a Consumer, except with the written consent of the Com- pany, extend his lines across a street, alley, lane, court, avenue or other way, in order to furnish service for adja- cent property through one meter, even though such adja- cent property be owned by him. In case of such unauthor- ized re- metering, sale or disposition of service, Consumer's service is subject to discontinuance until such unauthor- ized re- metering, sale or disposition is discontinued and full payment is made of bills for service, calculated on proper classifications and rate schedules and reimburse- ment in full made to the Company for all extra expenses incurred for clerical work, testing and inspections. Combined Lighting and Power Service: Unless spe- cifically provided for in agreement between the Con- sumer and the Company, no lighting will be served un- der any power schedule nor any power under any light- ing schedule. In all cases where combined service, such as lighting on power circuits or vice - versa, is specifically provided for, the Company will not be responsible for any resulting fluctuation in voltage. Continuity of Service: The Company will at all times use reasonable diligence to provide continuous serv- ice, and having used reasonable diligence, shall not be liable to the Consumer for failure or interruption of serv- ice. The Company shall not be liable for any act or omission caused directly or indirectly by strikes, labor troubles, accident, litigation, shutdowns for repairs or ad- justments, United States, State or Municipal interfer- ence, acts of God or other causes beyond its control. CONSUMER'S INSTALLATION Type and Maintenance: The Consumer's wires, ap- paratus and equipment shall be selected and used with a view to obtaining the highest practicable power factor, and shall be installed and maintained in accordance with standard practice, conformable to Rules and Regulations of the Company, and in full compliance with all laws and governmental regulations applicable to same. The Con- sumer expressly agrees to not utilize any appliance or device which is not properly constructed, controlled and protected, or which may adversely affect the service; and the Company reserves the right to discontinue or withhold service to such apparatus or device. Change of Consumer's Installation: No changes or increases in Consumer's installation, which will materially affect the operation of the wires, transformers, or gen- erating plants of the Company shall be made without written consent of the Company. The Consumer will be liable for any damage resulting from a violation of this rule. Inspection of Consumer's Installation: All electrical installations or changes should be inspected upon comple- tion by competent authority to insure that wiring, fix- tures, and devices have been installed in accordance with the National Electric Code and such local rules as may be in effect. Where municipal inspection is required by local rules or ordinances, the Company cannot render service until such inspection has been made and formal notice of approval from the inspecting authority has been received by the Company. The Company reserves the right to inspect Consumer's Installation prior to rendering service and from time to time thereafter, but assumes no responsibility whatsoever for any portion thereof. Indemnity to Company: The Consumer shall indem- nify, hold harmless and defend the Company from and against any and all liability, proceedings, suits, cost or expense for loss, damage or injury to persons or property, in any manner directly or indirectly connected with, . or growing out of the transmission and use of electricity by the Consumer at or on the Consumer's side of the point of delivery. Protection of Company's Property: The Consumer shall properly protect the Company's property on the Consumer's premises, and shall permit no one but the Company's agents, or persons authorized by law, to have access to the company's wiring and apparatus. In the event of any loss, or damage to property of the Company caused by or arising out of carelessness, neglect or misuse by the Consumer, or other unauthorized parties, the cost of making good such loss or repairing such damage shall be paid by the Consumer. Access to Premises: The duly authorized agents of the Company shall have access at all reasonable hours to the premises of the Consumer for the purpose of install- ing, maintaining and inspecting or removing the Com- pany's property, reading meters and other purposes in- cident to performance under or termination of the Com- pany's agreement with the Consumer, and in such per- formance shall not be liable for trespass. Right of Way: The Consumer shall grant or cause to be granted to the Company and without cost to the Company all rights, easements, permits and privileges which in its opinion are necessary for the rendering of service. GUARANTEE DEPOSITS Deposits Required: Before rendering service, the Company will require a deposit or guarantee satisfactory to the Company to secure the payment of bills as they mature. The amount of such deposit s'_iall be approxi- mately twice the average monthly bill of the Consumer as estimated by the Company based on Consumer's state- ment in his written application or agreement or as there- after ascertained. Such deposit or guarantee will be held by the Company until final settlement of Consum- er's account. Interest Paid: Interest will be paid on such deposits held by the Company during the time the Consumer has had continuous service. No interest will be paid if serv- ice is ordered discontinued for any cause within six months from the date of making deposit. Refund of Deposits: Upon final settlement of Con- sumer's account, any unused balance of deposit or de- posits will be refunded. Refund is contingent upon ade- quate identification and surrender of original guarantee deposit receipt. Guarantee deposit receipt is not ne- gotiable or transferable and is refundable only to the Consumer whose signature appears thereon. , 4, Transfer of Deposits: A Consumer moving from one location to another within the same billing district may have his guarantee deposit transferred from the former to the present address, provided bills incurred for serv- ice at the former address are paid when rendered. Deposits under Temporary Service Agreements will be in accordance with terms shown above. BILLING Billing Periods: Bills for service will be rendered monthly or for shorter periods if so stated in schedule applying or if notice of shorter billing period is given to Consumer. Bills are due when rendered and shall be considered as received by Consumer when delivered or mailed to the service address or some other place . mu- tually agreed upon. Non - Receipt of Bills: Non- receipt of bills by Con- sumer shall not release or diminish obligation of Con- sumer with respect to payment thereof. Evidence of Consumption: When service used is measured by meters, the Company's accounts thereof shall be accepted and received at all times, places and courts as prima facie evidence of the quantity of elec- tricity used by the Consumer. Application of Rate Schedules: Power and energy shall be measured by a single meter of each kind neces- sary at each point of delivery. Two or more points of delivery shall be considered as separate services and bills separately calculated for each point of delivery. Power Factor: All of the Company's electric rate schedules, applicable to all classes of electric service, are, unless otherwise stated in the schedule, based on an average power factor of unity (1) and the Company re- serves the right to adjust for billing purposes the con - sumption and /or demand to a basis of unity power factor by dividing the actual consumption and /or demand or connected load by the average monthly power factor ac- tually established. Tax Clause: All of the Company's rates, including minimum and demand charges and service guarantees, are dependent upon. Federal, State, County, Municipal, Dis- trict and other Governmental taxes, license fees and /or other impositions, and may be increased or a surcharge added if and when any or all such taxes, license fees and /or other impositions are increased at the cost per kilowatt hour, or Consumer, demand,_ or other applicable unit of charge, of such additional taxes, license fees and /or other impositions. Minimum Monthly Bills: Upon opening an account, no minimum bill will be rendered for service covering a period of less than ten (10) days where service is con- tinued at the same address, but the consumption for such period will be carried over to the next month's billing. This does not apply where service is discontinued after a short period such as 5 or 6 days, when, to compensate in part for the extra expense incurred, full amount of minimum bill will be paid by Consumer. Consumers who have had service available for from ten (10) to thirty (30) days prior to the first meter reading date, and whose consumption for this period amounts to less than the prorated minimum monthly bill, will be rendered a bill to cover the prorate part of the monthly minimum charge, based on the actual time within the billing period during which service has been available. Discount for Prompt Payment: Discount will be al- lowed and net rate will apply only when provided for in the schedule, and only if payment is made in full at the rate specified in the schedule under which bill is ren- dered; and when payment is received by an authorized agent of the Company, or at the Company office stated on the bill rendered, before the regular closing hour of such office on the last day of discount or net rate period, and when no previous bill for service remains delinquent. Payment by Mail: Such payments when made by mail, properly stamped, addressed and mailed (as evi- denced by United States postmark), on or before the last day of discount period, will also be deemed to be payment within such period. When the last day of dis- count falls on a Sunday or legal holiday, discount will be allowed on the next business day. Failure to receive bill will not extend period of discount to Consumer. Change of Occupancy: When change of occupancy takes place on any premises supplied by the Company with electric service WRITTEN NOTICE thereof shall be given to the nearest office of the Company not less than three (3) days prior to the date of change by the outgoing party, who will be held responsible for all electric service used on such premises until such written notice is received and the Company has had a reasonable time to discontinue service. However, if such written notice has not been received prior thereto, the application of the succeeding occupant for electric service will automatically terminate the prior account. Bah from a Previous Location: A Consumer's elec- tric service may be discontinued for non - payment of a bill for electric service rendered him at a previous lo- cation served by the Company, provided said bill is not paid within ten (10) days after being rendered. Bills on a Special "Weekly Basis :" The Consumer whose bills are rendered on a special "Weekly Basis" ap- proximately quadruples the meter - reading, billing and collecting expenses incidental to his account. In order that such extra expenses may be borne in part by the Consumer necessitating them, when bills are rendered on a special "weekly basis," the rate will be applied on each bill in the same manner as if it were for a monthly consumption. Delinquent Bills: Bills are due when rendered, and if not paid within ten (10) days thereafter become delin- quent, and service may then, without further notice, be discontinued and the deposit applied toward settlement of the bill. In such cases service will not be reconnect- ed until gross bill is paid. Reimbursement for Extra Expenses: The Consumer shall reimburse the Company for all extra expenses incurred by the Company on account of violations of agreement or of the Company's Rules and Regulations by the Consumer. The minimum charge for such is One Dollar ($1.00). METERS The Company will install and properly maintain at its own expense such standard meter or meters and metering equipment as may be necessary to measure the electric service used by the Consumer. Title to meters and metering equipment shall be and remain in the Company. Unauthorized connections to, or • tampering with the Company's meter or meters or indi- cations or evidence thereof, subjects the Consumer to immediate discontinuance of service, prosecution under the laws of Florida, adjustment of prior bills for services rendered and /or reimbursement to the Company for all extra expenses incurred on this account. METER TESTS, STANDARD OF ACCURACY: The average error of a meter is defined as one -half of the algebraic sum of: (1) the error at light load; and, (2) the error at heavy load. "Light load" shall be considered to mean approximately 5% to 10% of the rated capacity of the meter. "Heavy Load" shall be considered to mean not less than 60% nor more than 100% of the rated capacity of the meter. No meter will be installed which has an error of more than plus 2% or minus 8% at light load, or plus or minus 2% at heavy load. Whenever on installation, periodic or any other tests, a meter is found to exceed these limits, it will be adjusted to register within the prescribed limits of acessracy, or it will be 're- placed. The Company employs every practicable means to maintain the commercial accuracy of its meters. Upon due request and notice. Company's meter or meters will be tested. If meter is found to be not more than 2% fast or slow at any load the expenses of the test shall be borne by the Consumer, minimum charge to be $LAO. If meter inaccuracy exceeds these limits, expenses of the test shall be borne by the Company and billing adjust- ment for period not to exceed three months will be made. Any meter found defective or having ceased to regis- ter will be changed, and the Company will estimate the bill for the period by comparing wi h the registration of a correct meter, and /or by companion with the amount charged during the corresponding period of a previous year, taking into account the capacity of the installation. In cases of fire, or any injury to the meter or service on the Consumer's premises, electric service may be discon- tinued by the Company until the necessary repairs are made and cost of same adjusted between the Company and the Consumer. ATTACHMENTS TO POLES The use of Company's poles, wires, towers, structures or other facilities for the purpose of fastening or sup - porting any radio equipment, or any wires, ropes. signs, banners or anything, of any nature, not necessary to the supplying by the Company of electric service to the Com- munity, or the Locating of same in such proximity to the Company's aforesaid property or facilities as to cause, or be likely to cause, interference with the supply of electric service, or a dangerous condition in connection therewith, is prohibited, and the Company shall have the right forthwith to remove same without notice. The violator of these rules is liable for any damage resulting therefrom. RULES AND REGULATIONS These Rules and Regulations are obtainable at the of- fices of the Company and are a part of all the electric rate schedules of this Company, and in the absence of specific written agreement to the contrary apply without modification or change to each and every Consumer to Avhom the Company renders service. The Company's Rules and Regulations, insofar as they are inconsistent with any statute, ordinance, law or legislation now in elect, shall be null and void. In the event that a portion of these Rules and Regula- tions is declared unconstitutional or void for any reason by any court of competent jurisdiction, such decision shall in no way affect the validity of the remaining portions of the General Rules and Regulations for Electric Service unless such court order or decision shall so direct. • The foregoing Rules and Regulations supersede and annul any and all Rules and Regulations, inconsistent herewith, under which this Company, or predecessor com- panies, have previously supplied electric service. FLORIDA POWER & LIGHT COMPANY. January 1st, 1934.