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Res 303 Upon motion made by Councilman ~ . , and seconded by Councilman ~~ , the following Resolution was duly passed and adopted:_ _ 3O3 RESOLUTION NO.(~J APPROVING A PROPOSED STANDARD LARGE POWER AGREEMENT BETWEEN THE CITY OF DELRAY BEACH, FLORIDA, AND FLORIDA POWER & LIGHT COMPANY COVERING ALL POWER AND ENERGY REQUIRED FOR AND IN CONNECTION WITH THE CITY'S GOLF CO~RSE IRRIGATION P~ING PLANT LOCATED APPROXIMATELY TV~.~O MILES WEST OF THE CITY OF DELRAY BEACH, FLORIDA, AND SETTING OUT THE TERMS AND CON- DITIONS UNDER WHICH THE SAID POWER AND ENERGY SHALL BE SUPPLIED BY SAID COMPANY AND PAID FOR BY SAID CITY; AUTHORIZING AND DIRECTING THE MAYOR AND THE CITY CLERK OF AND ON BEHALF OF THE CITY OF DELRAY BEACH, FLORIDA, TO EXECL~E AND ENTER INTO THE SAID PROPOSED STANDARD LARGE POWER AGREEMENT WITH FLORIDA POWER & LIGHT COMPANY. BE IT RESOLVED BY TME~ CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA: 1. That the said proposed Standard Large Power Agreement with Florida Power & Light Company, which is set forth in form in section 2 hereof, be and the same is hereby approved as to form and s~ub stance. 2. That the Mayor and the City Clerk, of and on behalf · of the City of Delray Beach, Florida, be and they are hereby authorized and directed to execute and enter into with the said Florida Power & Light Company the said proposed Standard Large Power Agreement approved in section 1 hereof and hereinafter set forth in form as follows: STANDARD LARGE POWER AGREEMENT THIS AGREEMENT, made this day of , lO39 by and between C~TY OF DE&RAY BEACH,~ FLORIDA, a municipal corporat~h or. an!zed and existing under the laws of the State of Florida (hereinafter called the and FLORIDA POWER & LIGHT and existing under Consumer), COMPANY, corporation organized a 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 cove- nants and agreements herein set forth, the parties hereto covenant and agree as follows: 1. That the Company shall supply and the Consumer shall receive and pay for all power and energy required for and in connection with the Consumer's Golf Course Irrigation Pumping Plant located a approximately two miles west of Delray Beaoh Florida, in accordance with the terms and conditions of the Cotnpany's attached rate schedule ~l{~X-9 , marked Exhibit "A" and made a part hereof. 2. That the minimum quantity of power contracted for hereunder and to be received and paid for by the Consumer shall be 20 Contract KW 3. That the point of delivery for the electric power and energy delivered hereunder shall be tine _Company's wires or apparatus are connected with those of the ~onsumer 4. That the electric power and energy delivered hereunder shall be of the character commonly knowh~ as a~ternatin~ cur~ three rent of approximately_ 2~0 __volts and approximately sixty cycles, .phase, and three wire, and shall be metered at ~0 __volts. 5. That all payments shall be made at the Company's office in ~hl~lrs~ Beach , Florida. 6. That the term of this Agreement shall be for five (5) years from 19 l~:~:lql~-~tl~~:~',~l~.%'/~T~'g'L~..~5-:v.Z t.~a~':~.~ar:~c~,, and shal! extend for a further period or periods of five (5) years from the termination of the said period of five (5) years or any extension thereof, unless by 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 five (5) 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 which would result in a net annual bill to Consmner 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 effective date of such other Rate Schedule, then the Company shall notify Consumer in writing of such other Rate Schedule 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 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 accordance with the terms and conditions of such substituted Rate Schedule. 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, tnade 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 pt and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto, but the Constnner 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. CITY 0F~DELRAY B.EAC~, I~LORID_~SEAL) ,Vitnesses for the Consumer: ~tl.~ d.~//t~. ~ ~ ~x ~p/~l~f BYAttest: itle. / ll~or ss Title. ' - - Ctt~y CIerll~ Withe for the Company: FLORIDA POWER & LIGItT GOMPANY By. llq~=-'-_ 2.2'~:: Attest: Assistant Secretary. APPROVED Instructions: Execute three copies; one for Consumer, one for General RAT~ Office Documentary File, one for Local Office File. _ ........... I~ ciC¥ O~ .......... - ' __Alt,)cnc¥ loc ...................... F~ortCv FORM Exhibit "A" FLORIDA POVc'ER 8~ LIGHT COMPANY Rate Schedule Number X-9 Electric Service DRAINAGE DISTRICT PUMPING APPLICATION OF SCHEDULE: This schedule is applicable to restricted electric service for the operation of irrigation or drainage pumps to consumers contracting for not less than 20 Contract kw. Service supplied hereunder shall be in the form. of 3 phase alternating current at approximately 60 cycles and approximately 230, 2300, or 4000 volts, at Company's option. The use of energy for lighting purposes incidental to the use of power is permissible under this schedule but only for a total connected load in lighting equipment not exceeding 100 watts per Contract kw. For such lighting use, Consumer will provide and maintain such auxiliary apparatus as transformers, regulators, etc., as may be necessary. The amount df restricted electric service available for sale by Company is limited. The furnshing of service under this schedule at any point of delivery does not obligate the Company to renew or extend any contract for such service, nor to accept contracts for such service at any other point of delivery. This schedule is not applicable to resale, standby, or breakdown service. RATE: $1.50 net ($1.575 gross) each month per kw of the Contract kw of Restricted Power, 3¢ net (3.15¢ gross) per kwh for the first 2,000 kwh used per month, 1¢ net (1.05¢ gross) per kwh for all additional energy used per month. In the event service under this schedule is taken during the On-Peak Hours, as defined below, there shall be a charge, in addition to those set forth under the above rate, of $5.00 net ($5.25 gross) each month per kw of the Contract kw of On-Peak Power. PROMPT PAYMENT DISCOUNT: Bills shall be rendered at monthly intervals and are due and payable upon presentation. The difference between the above stated net and gross amounts is a discount offered for prompt payment. The net amounts apply for ten days from date of bill, after which date, if the bill is not paid, the gross amounts apply. TAXES AND COMMODITY COSTS: There may be added to all bills rendered for electric service in accordance with this schedule, such bills' proportionate share of all license fees or taxes imposed by any governmental authority after January 1, 1934, on or based on revenues or receipts, or production, distribution, sale or purchase of electricity or kilowatt hours, or any other unit of charge. This rate is based in part upon the general level of commodity and labor costs obtain- ing on January 1, 1934, and upon those paid by the Company for the year 1933, and shall be subject to changes to compensate the Company for increased costs of commodities and labor, and/or changes in the value or pur- chasing power of money substantially different from the value of money obtaining on January 1, 1934. CONTRACT KW: The Contract kw of Restricted Power shall be the average kw, adjusted for power factor as indicated below, supplied during the fifteen-minute period of maximum use during the twelve months ending with the month for which the bill is rendered, less the Contract kw of On-Peak Power effective for the month for which the bill is rendered. The Contract kw of On-Peak Power shall be the average kw, adjusted for power factor as indicated be- low, supplied during the fifteen-minute period of maximum use during the On-Peak Hours of the twelve months ending with the month for which the bill is rendered. The combined Contract kw of Restricted and On-Peak Power shall be not less than 20 kw. ON-PEAK HOURS: The On-Peak Hours shall be any six consecutive hours daily from December 1st to the following April 30th, inclusive, that may be specified by the Company from 'time to time. Company shall notify Consumer not less than 30 days before December 1st each year as to which six hours daily are to be considered the On-Peak Hours during the succeeding five months, but Company may change such hours by giving thirty days' notice. PO~ZER FACTOR: The Consumer shall take and use power and energy in such manner as will maintain an average power fac- tor as near 100% as practicable, but in the event that the Consumer's power factor shall average less than 85% during any month, then the Company may adjust the readings taken to determine the contract kw by multiplying the kw obtained by 85 and dividing by the average power factor actually established during the current month. Such adjusted value shall be used in determining the Contract kw. ADJUSTMENT FOR FUEL COST: The rate set forth in this schedule is dependent in part upon the "weighted average delievered cost" of all fuel used in Company's generating stations interconnected with its main transmission system. If the "weighted average delivered cost" of fuel oil used, including freight, storage and handling costs, as shown by the Company's books for any month, exceeds 18¢ or is less than 12¢ per million British thermal units, then each bill rendered during the next succeeding month for service under this schedule shall be increased by a charge or decreased by a credit of 0.022¢ per kwh, as the case may be, for each 1¢ per million Btu increase above 18¢ or decrease below 12¢ respectively. In the further event that fuels other than those now in use are used by the Company at any of the gener- ating stations interconnected with the main transmission system, a corresponding adjustment shall be made pro- vided that if the use of such other fuels involves elements of costs 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 re- flected in the adjustment of the monthly bill. TERM OF SERVICE: This schedule is applicable to service for a term of not less than five years. RULES AND REGULATIONS: Service under this schedule is subject to orders of governmental bodies having jurisdiction in the premises and to the "General Rules and Regulations for Electric Service" of the Company, present and future, on file in the Company's office, which are hereby made a part hereof. A copy of the present "General Rules and Regula- · tions 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 schedule shall apply. FLORIDA POWER & LIGHT COMPANY GENERAL RULES AND REGULATIONS FOR ELECTRIC SERVICE Revised January 1st, 1934 The following definitions are given for the purpose Character o~ Ser~ic~ Available: Alternating current of establishing standard interpretations of these terms ~t a frequency of approximately sixty cycles is available as used in the Company's Rules and Regulations and as follows: Single phase, two or three*wire; three-phase, agreements, three-wire; or three-phase, four-wire. For lighting, sin- "COMPANY"~FLORIDA POWER & LIGHT COM- glo phase service is furnished, with a nominal voltage of PANY, a corporation organized and existing under the approximately 115. For small power and cooking pur- laws of the State of Florida, poses or for special apparatus, single or three-phase serv- "CONSUMER"~Any corporation, partnership, firm, ice, wi~h a nominal voltage of approximately 230 for association or individual supplied with electric service by each phase, is furnished, depending upon the class of the Company. service required. The supply circuits may, at the option "SERVICE"--Service, as mentioned in these Rules of the Company, be either above or under ground. and Ilegulations and in agreements with Consumers, sh~l! Signori Application Necessary: Service is furnished be construed to include, in addition to all power and only upon signed application or agreement accepted by energy required by Consumer, the readiness and ability on the Company, and the conditions Of such application or the ~art of the Company to furnish power to the Con- agreement are binding upon the Consumer as well as up- ~umer. Thus, the maintenance by the Company at the on the Company. Applications are accepted by the Corn- point of delivery of approximately the agreed voltage and pany with the understanding that there is no obligation frequency shall constitute the rendering of service, irre- on the part of the Company to render service other than spective of whether Consumer makes any use thereof, that character of service which is then available at point "CONSUMER'S INSTALLATION"--AIl wires, cut- of delivery. A copy of each application or agreement outs, switches and appliances and apparatus of every for service accepted by the Company will be furnished to kind and nature used in connection with or forming a the applicant upon request. part of an installation for utilizing electric service for any purpose, ordinarily located on the Consumer's side Application, I~y A~n~: Applications for service r~- of "Point of Delivery," and including "Service Leads," quested by firms, partnerships, associations, corporations° whether such installation is owned outright by Consumer etc., shall be tendered only by duly authorized parties. or used by Consumer under lease or otherwise. When service is rendered under agreement or agree- "POINT OF DELIVERY'~The point where the meats entered into between the Company and un agent Company's wires or apparatus are connected with those of a principal, the use of such service by the principal of the Consumer. shall constitute full and complete ratification by the prin* "SERVICE WIRES'--The wires of the Company cipal of the agreement or agreemen~ entered into to which are connected the "Service Leads" of tho tween agent and the Company and under which such Consumer. service is rendered. "SERVICE LEADS"--The portion of the Consumer's The Company may withhold or discontinue servic~ Installation to which the Company connects its Service rendered under application made by any member or Wires. agent of a family, household, organization or busines~ "CONNECTED LOAD'--Connected load, connected unless all prior indebtedness to the Company of such horsepower, or connected kilowatts, is the combined family, household, organization or business has been set- nominal rated capacity of all motors and/or other current tled in full. consuming devices on Consumer's premises, which may Term o~ Agr~m®nts: Upon its expiration, an agree- be operated with electric service supl~lied by the Com- ment which is subject to the Rules and Regulations of pany. the Company shall be automatically renewed for a like "MAXIMUM DEMAND"--Maximum demand is the term to that stated in the agreement, unless within not greatest average amount of electrical power measured in more than ninety (90) days nor less than thirty (30) kilowatts or horsepower required by a Consumer through- days before the da~e of termination either party givo~ out a given interval of time. Usually the interval is of written notice to the other of its intention not to renew fifteen minutes' duration, but in case Consumer's demand the same, or unless otherwise specifically s~a~ed in th~ fluctuates rapidly, maximum demand may at the option agreement. of the Company be based upon an interval of less than fifteen minutes. Short Term Service: Short Term (or Temporary) "MONTH"~An interval be~;ween successive meter Service will be supplied only when the Company ha~ av~ilaMe unsold capacity of lines, transformers, gener- .reading dates, which interval may be 30 days, more or ating and other equipment for the service requested. -~ess. Shor~ Term Service usually refers to service only fo~ SERVICE AGREEMENTS short periods of time, without regard to the season of th~ To obtain electric service, application should be made year, such as service for exhibitions, displays, bazaar~, at the nearest office of Florida Power & Light Company. fairs, construction work (including floor polishing), Usually it will be necessary for the applicant only to camps, houseboats, etc. sign agreement for service and post a guarantee deposit. Applicants for such temporary service shall pay to tl~ ln[orma[ion N~etl~l: The applicant should be cer- Company in advance the cost of installing or removing tain to tender to the Company his correct name and ad- any facilities necessary to furnish service, and deposit dress, giving the street and house number, or name of with the Company a guarantee which is not less than the the subdivision, with lot and block numbers. When pos- estimated amount of the Company's bill for such service. sible, he should, at the outset, determine whether or not Service under temporary or short term agreement~ the property to be served is adjacent to the Company's shall apply only to the location and only within the period distribution system, and, if so, the characteristics of the of time specified therein, and shall be utilized only by the power supply, contracting party. Limitation of Use: Electric service Purchased from Inspection of Consumer's Installation: Ail electrical the Company shall be used by the Consumer only for the installations or changes should be inspected upon comple- purposes specified in application for service, and the Con- tion by competent authority to insure that wiring, fix- sumer shall not sell or otherwise dispose of such service, tures, and devices have been installed in accordance with Electric service furnished to the Consumer shall be ren- the National Electric Code and such local rules as may be dered directly to the Consumer through Company's indi- in effect. Where municipal inspection is required by local rules or ordinances, the Company cannot render vidual meter and shall be for Consumer's own use and service until such inspection has been made and formal may not be re-metered by the Consumer for the purpose notice of approval from the inspecting authority has been of selling or otherwise disposing of electric service to received by the Company. lessees, tenapts or others and under no circumstances shall the Consumer or Consumer's agent or any other The Company reserves theright to inspect Consumer's Installation prior to rendering service and from time to individual, association or corporation install meters for time thereafter, but assumes no responsibility whatsoever the purpose of so re-metering said service and all instal- for any portion thereof. lations for re-metering heretofore made shah be discon- tinued as soon as practicable~ and in any event within a Indemnity to Company: The Consumer shall indem- period of one year from May 9th, 1932. In no case shall a nify, hold harmless and defend the Company from and Consumer, except with the written consent of the Com- against any and all liability, proceedings, suits, cost or pan¥~ extend his lines across a street, alley, lane, court, expense for loss, damage or injury to persons or property, avenue or other way, in order to furnish service for adja- in any manner directly or indirectly connected with, or cent property through one meter, even though such adja- growing out of the transmission and use of electricity by the Consumer at or on the Consumer's side of the point of cent property be owned by him. In case of such unauthor- delivery. ized re.metering, sale or disposition of service, Consumer's service is subject to discontinuance until such unauthor- Protection of Company's Property: The Consumer ized re-metering, sale or disposition is discontinued and shall properly protect the Company's property on the full payment is made of bills for service, calculated on Consumer's premises, and shall permit no one but the proper classifications and rate schedules and reimburse- Company's agents, or persons authorized by law, to have merit in full made to the Company for all extra expenses access to the company's wiring and apparatus. incurred for clerical work, testing and inspections. In the event of any loss, or damage to property of the Company caused by or arising out of carelessness, Combined Lighting and Power Service: Unless spe- neglect or misuse by the Consumer, or other unauthorized cifically provided for in agreement between the Con- parties, the cost of making good such loss or repairing sumer and the Company, no lighting will be served un- such damage shall be paid by the Consumer. der any power schedule nor any power under any light- ing schedule. Access to Premises: The duly authorized agents of the Company shall have access at all reasonable hours to In all cases where combined service, such as lighting the premises of the Consumer for the purpose of install- on power circuits or vice-versa, is specifically provided ing, maintaining and inspecting or removing the Corn- for, the Company will not be responsible for any resulting pany's property, reading meters and other purposes in- fluctuation in voltage, cident to performance under or termination of the Com- pany's agreement with the Consumer, and in such per- Continuity of Service: The Company will at all formance shall not be liable for trespass. times use reasonable diligence to provide continuous aery- Right of Way: The Consumer shall grant or cause ice, and having used reasonable diligence, shall not be to be granted to the Company and without cost to the liable to the Consumer for failure or interruption of serv- ice. The Company shall not be liable for any act or Company all rights, easements, permits and privileges omission caused directly or indirectly by strikes, labor which in its opinion are necessary for the rendering of troubles, accident, litigation, shutdowns for repairs or ad- service. justments, United States, State or Municipal interfer- ence, acts of God or other causes beyond its control. GUARANTEE DEPOSITS Deposits Required: Before rendering service, the CONSUMER'S INSTALLATION 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 shall be approxi- Type and Maintenance: The Consumer's wires, ap- mately twice the average monthly bill of the Consumer paratus and equipment shall be selected and used with as estimated by the Company based on Consumer's state- a view to obtaining the highest practicable power factor, ment in his written application or agreement or as there- and shall be installed and maintained in accordance with after ascertained. Such deposit or guarantee will be standard practice, conformable to Rules and Regulations held by the Company until final settlement of Consum- of the Company, and in full compliance with all laws and er's account. governmental regulations applicable to same. The Con- sumer expressly agrees to not utilize any appliance or Interest Paid: Interest will be paid on such deposits device which is not properly constructed, controlled and held by the Company during the time the Consumer has protected, or which may adversely affect the service; had continuous service. No interest will be paid if aery- and the Company reserves the right to discontinue or ice is ordered discontinued for any cause within six withhold service to such apparatus or device, months from the date of making deposit. Change of Consumer's Installation: 1~o changes or Refund of Deposits: Upon final settlement of Con- increases in Consumer's installation, which will materially sumer's account, any unused balance of deposit or de- affect the operation of the wires, transformers, or gen- posits will be refunded. Refund is contingent upon adc- crating plants of the Company shall be made without quate identification and surrender of original guarantee -written consent of the Company. The Consumer will be deposit receipt. Guarantee deposit receipt is not ne- -liable for any damage resulting from a violation of this gotiable or transferable and is refundable only to the · 'rule. Consumer whose signature appears thereon. Transfer of Deposits: A Consumer moving from one Discount for Prompt Payment: Discount will be al- location to another within the same billing district may lowed and net rate will apply only when provided for have his guarantee deposit transferred from the former in the schedule, and only if payment is made in full at to the present address, provided bills incurred for serv- the rate specified in the schedule under which bill is ten- ice at the former address are paid when rendered, dered; and when payment is received by an authorized agent of the Company, or at the Company office stated Deposits under Temporary Service Agreements will be on the bill rendered, before the regular closing hour in accordance with terms shown above, of such office on the last day of discount or net rate period, and when no previous bill for service remains delinquent. BILLING Payment by Mail: Such payments when made by mail, properly stamped, addressed and mailed (as ev~- Billing Periods: Bills for service will be rendered denced by United States postmark), on or before the monthly or for shorter periods if so stated in schedule last day of discount period, will also be deemed to be applying or if notice of shorter billing period is given payment within such period. When the last day of dis- to Consumer. Bills are due when rendered and shall be count falls on a Sunday or legal holiday, discount will considered as received by Consumer when delivered or be allowed on the next business day. Failure to receive mailed to the service address or some other place mu- bill will not extend period of discount to Consumer. tually agreed upon. Change of Occupancy: When change of occupancy Non-Receipt of Bills: Non-receipt of bills by Con- takes place on any premiaes supplied by the Company sumer shall not release or diminish obligation of Con- with electric service WRITTEN NOTICE thereof shall sumer with respect to payment thereof, be given to the nearest office of the Company not less than three (3) days prior to the date of change by the Evidence of Consumption: When service used is outgoing party, who will be held responsible for all measured by meters, the Company's accounts thereof electric service used on such premises until such written shall be accepted and received at all times, places and notice is received and the Company has had a reasonable courts as prima facie evidence of the quantity of elec- time to discontinue service. tricity used by the Consumer. However, if such written notice has not been received Application of Rate Schedules: Power and energy prior thereto, the application of the succeeding occupant shall be measured by a single meter of each kind neces- for electric service will automatically terminate the prior sary at each point of delivery. Two or more points of account. delivery shall be considered as separate services and bills separately calculated for each point of delivery. Bills from a Provious Location: A Consumer's elec- tric service may be discontinued for non-payment of a Power Factor: All of the Company's electric rate bill for electric service rendered him at a previous Io- schedules, applicable to all classes of electric service, are, cation served by the Company, provided said bill is not unless otherwise stated in the schedule, based on an paid within ten (10) days after being rendered. average power factor of unity (!) and the Company re- serves the right to adjust for billing purposes the con- Bills on a Special "Weekly Basis:" The Consumer sumption and/or demand to a basis of unity power factor whose bills are rendered on a special "Weekly Basis" ap- by dividing the actual consumption and/or demand or proximately quadruples the meter-reading, billing and connected load by the average monthly power factor ac- collecting expenses incidental to his account. In order tually established, that such extra expenses may be borne in part by the Consumer necessitating them, when bills are rendered Tax Clause: All of the Company's rates, including on a special "weekly basis," the rate will be applied on minimum and demand charges and service guarantees, are each bill in the same manner as if it were for a monthly dependent upon Federal, State, County, Municipal, Dis- consumption. trict and other Governmental taxes, license fees and/or other impositions, and may be increased or a surcharge Delinquent Bills: Bills are due when rendered, and added if and when any or all such taxes, license fees if not paid within ten (10) days thereafter become delin- and/or other impositions are increased at the cost per quent, and service may then, without further notice, be kilowatt hour, or Consumer, demand, or other applicable discontinued and the deposit applied toward settlement unit of charge, of such additional taxes, license fees of the bill. In such cases service will not be reconnect- and/or other impositions, ed until gross bill is paid. Minimum Monthly Bills: Upon opening an account, Reimbursement for Extra Expenses: The Consumer no minimum bill will be rendered for service covering a period of less than ten (10)days where service is con- shall reimburse the Company for all extra expenses tinued at the same address, but the consumption for such incurred by the Company on account of violations of period will be carried over to the next month's hilling, agreement or of the Company's Rules and Regulations by This does not apply where service is discontinued after the Consumer. The minimum charge for such is One a short period such as 5 or 6 days, when, to compensat~ Dollar ($1.00); in pax~ for the extra expense incurred, full amount of minimum bill will be paid by Consumer. METERS Consumers who have had service available for from ten (10) to thirty (30) days prior to the first meter The Company will install and properly maintain at its reading date, and whose consumption for this period own expense such standard meter or meters and metering amounts to less than the prorated minimum monthly bill, equipment as may be necessary to measure the electric will be rendered a bill to cover the prorata part of tho service used by the Consumer. monthly minimum charge, based on the actual time within the billing period during which service has been Title to meters and metering equipment shall be and ~vailable. remain in the Company. Unauthorized connections to, or tampering with the Company's meter or meters or indi- ATTACHMENTS TO POLES cations or evidence thereof, subjects the Consumer to immediate discontinuance of service, prosecution under The use of Company's poles, wires, towers, structures the laws of Florida, adjustment of prior bills for services or other facilities for the purpose of fastening or sup- rendered and/or reimbursement to the Company for all porting any radio equipment, or any wires, ropes, signs, extra expenses incurred on this account, banners or anything, of any nature, not necessary to the supplying by the Company of electric service to the Corn- METER TESTS, STANDARD OF ACCURACY: The munity, or the locating of same in such proximity to average error of a meter is defined as one-half of the the Company's aforesaid property or facilities as to cause, algebraic sum of: (1) the error at light load; and, (2) or be likely to cause, interference with the supply of the error at heavy load. "Light load" shall be considered electric service, or a dangerous condition in connection to mean approximately 5% to 16% of the rated capacity therew/th, is prohibited, and the Company shall have the of the meter. "Heavy Load" shall be considered to mean right forthwith to remove same without notice. not less than 60% nor more than 100% of the rated capacity of the meter. No meter will be installed which The violator of these rules is liable for any damage has an error of more than plus 2% or minus 3% at resulting therefrom. light load, or plus or minus 2% at heavy load. Whenever on installation, periodic or any other tests, a meter is RULES AND REGULATIONS found to exceed these limits, it will be adjusted to register These Rules and Regulations are obtainable at the of- within the prescribed limits of accuracy, or it will be re- rices of the Company and are a part of all the electric placed, rate schedules of this Company, and in the absence of The Company employs every pract/cable means to specific written agreement to the contrary apply without maintain the commercial accuracy of its meters. Upon modification or change to each and every Consumer to due request and notice. Company's meter or meters will whom the Company renders service. be tested. If meter is found to be not more than 2% The Company's Rules and Regulations, insofar as fast or slow at any load the expenses of the test shall be they are inconsistent with any statute, ordinance, law borne by the Consumer, minimum charge to be $1.00. If or legislation now in effect, shall be null and void. meter inaccuracy exceeds these limits, expenses of the test shall be borne by the Company and billing adjust- In the event that a portion of these Rules and Regula- ment for period not to exceed three months will be made. tions is declared unconstitutional or void for any reason by any court of competent jurisdiction, such decision shall Any meter found defective or having ceased to regis- in no way affect the validity of the remaining portions of ter will be changed, and the Company w/fl estimate the the General Rules and Regulations for Electric Service bill for the period by comparing with the registration of unless such court ?der or decision stroll so direct. a correct meter, and/or by comparison with the amount The foregoing Rules and Regulations supersede and charged during the corresponding period of a previous annul any and all Rules and Regulations, inconsistent year, taking into account the capacity of the installation, herewith, under which this Company, or predecessor com- In cases of fire, or any injury to the meter or service on panies, have previously supplied electric service. the Consumer's premises, electric service may be discon- tinued by the Company until the necessary repairs are FLORIDA POWER & LIGHT COMPANY. made and cost of same adjusted between the Company and the Consumer. January 1st, 1934. PASSED AND ADOPTED at Delray Beach, Florida, this ' ~ ~ day of OL~.~ , 1939. president of/CitY C~ncil .... Frank Cr~.go ......... The foregoing is approved this ~ day of/O~ · , - v ~ayor~ , ATTEST: . / ~ City Clerk.