Res 194 Upon motion made by Councilman ~ ~
and seconded by Councilman ~~ , the following
Resolution was duly passed and adopted:
m SOLUTION NO. I
APPROVING A PROPOSED MUNICIPAL STREET
LIGHTING AGREEMENT WITH FLORIDA POWER
& LIGHT COMPANY PROVIDING FOR THE FUR-
NISHING BY SAID COMPANY AND THE PURCHASE
BY THE CITY OF ALL ELECTRIC ENERGY AND
SERVICES FOR THE STREET LIGHTING SYSTEM
WITHIN THE CITY OF D~ BEACH, FLORIDA,
AND SETTING OUT THE TERMS AND CONDITIONS
UNDER WHICH THE SAID ELECTRIC ENERGY AND
SERVICES SHALL BE FURNISHED BY SAID CON-
PANY AND PURCHASED BY SAID CITY; AUTHOR-
IZING AND DIRECTING THE MAYOR AND THE
CITY CLERK OF AND ON BEHALF OF TEE CITY
OF DELRAY BEACH, FLORIDA, TO EXECUTE AND
ENTER INTO THE SAID MUNICIPAL STREET
LIGHTING AGREEMENT WITH FLORIDA POWER &
LIGHT COMPANY.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA:
1. That the proposed Municipal Street Lighting
Agreement with Florida Power & Light Company, which is
hereinafter set forth in form in Section 2 hereof, be and
the same is hereby approved as to form and substance.
2. That the Mayor and the City Clerk of and on
behalf of the City of Delray Beach, Florida, be and they are
hereby authorized and directed to execute and enter into with
Florida Power & Light Company the said proposed Municipal Street
· Lighting Agreement approved in Section 1 hereof, and hereinafter
set forth in form as follows:
~or~ 21G P~ge 414 200
THIS AGREEMENT made this .......... /~.~ .......... day of. ............................ ~~ 193...,.., by and between
the ............ ~ ................................... of ..................... ~-..~ ........................................................ , Florida, a Municipal Corporation
organi~d ~na &isting under the laws of the Staff of Fb~idK, and its successo~ (hereinafter called the Consumer), and FLORIDA
POWER & LIGHT COMPANY, a cor~ration orga~d and existing under the laws of the State of bqofid'a, its successors and/or
assigns (herinafter called the Company).
TttAT for .find in consideration of the s~ 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:
Sect~n 1. Inso[ar as reasonable diligence will enable it to do so, to fu~ish electric energy to the Consumer for the steer
lighting system within the ~oFpoFat~ limits Of .................... ~ .........
Sec~g ~. To instM1 o~ the ~mpany's existing distribution poles ~ithin thi~y (30) days after receipt of written notice from
the Consumer, overhead ~racket street lights and connect said' street lights to the Company's overhead street lighting circuits, and to
maintain, repair, renew and clean all of the overhead street lights now or hereafter installed in.
Florida, p~vided, however, ~at in the event it shall be neces~ for the Company to extend its stree~igh~n~drc~i~ n~re ~l~n 300
feet in order to ~ach any additional overhead bracket stree] light ordered by the Consumer, as herein provi&d, the Consumer agrees to
reimbu~e ~e Company for the cost, in excess of 3~ feet, o~making such extension to it~ street lighting circuits, including the cost of
poles.
Sect~n 3. ~ To install within ninety (~) days after receipt of written notice from the Consumer, "White ~ay" or other type of
ornamental post or ornamental bracket st~et lights of a type mutually satisfactory, said lights to be spaced not further than 2~0 feet
apart measu~d along the same side of the street, and connect said street lights to Company's overhead or underground street lighting
circuits, and to maintain, renew, ~pair and clean fill said steer light~, provided, however, that in the event it shall be necessa~ for
the Company to extend its street lighting ci~uits more than 200 feet in order to reach any additional "White Way" or other t~e of
ornamental post, or o~amental steer light OF~F~d by th~ Co~s~m~F as h~in p~ovid~d, th~ Co~s~m~F flgF~s to F~i~buF~ th~ ~om-
pauy for the cost, in exce~s of 2~ feet, of making such extension to its street lib'ting circuits, including the cost of poles.
payment by the Consumer of the cost o[ ~ueh change.
Sect~n ~. To ~zehase ~rom the Company all electric energy and se~iees necessa~~ for the operation o{ the street lighting
system wi~in the eorpora~ limi~ of ...... ~ ........... ~'"~"~"M ........ ~lori~a, which i~ now or ma~ hereafter be installad,
the minimum raq,irements for whiah shall at all times equal mat o~ th~ p~esent installation as ~t ~orth under Section 1 of A,icle III
hereoL pI~ that of all additional installations mada by the Company finder Article I of this Agreement.
Sect~n 2. ~o pay for all the ener~ and semites fu~shed by the Company fit the office of the Company in ........................................
Secr~, 1. That the ........... ~.: .................. strut lighting system within the eorporat~ limits
...... __ .... ¢C nd e
.................... a~ ...... ~~.
.................... 4~ ......
................................... ~ ......
............................................ , .....
supported on bracket type fixtures, owned by the Company and
250 (Candle power) lamps
.................. ......
......... ......
k .................... ' .....
supported on "White Way~' or other type g~or~mental standards, owned by the Company.
Section 2. That by "street lighting;' as used in this Agreement, is meant the lighting of streets, avenues, alleys, parks and
public places other than the interior of public buildings.
Section $. 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 the Company, is necessary/or the purpose of repairing or making more efficient all or any part of' its electrical generating or
other electrical equipment.
Section 4. That the Company shall use reasenab]e diligence to provide continuous service during lighting hours, and, having used
reasonable dili~ence, shall not be liable for any outage.
Section 5. That the Company may substitute for any ]amp 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 the Company's consent. The Company when requested in writing by Consumer will replace any lamP with one of
increased candle power, in which case the monthly bill or bills thereafter rendered shall be correspondingly increased.
Section 6. That this Agreement shall be for a term of ten (10) years from the date hereof, provided, however, that in the event
the 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 servid by the Company at the beginning of the said two (2) year period, the term of this Agreement shall, at the election of the
Company, be extended for a further period or periods of five (5) years,-and further provided, in ,the event the Company is requested to
install and/or serve additional street lights at any time or from time to time within two (2) years prior to the expirati°n 'Of this
Agreement or any extension hereof, which, however, in the aggregate do not equal or exceed tWenty (20) per eentum of the number of
street lights served by the Company at ~be beginning of the said two (2) year period, then and in that event the Company may refuse
to install and/or serve such additiond street lights unless the ~oss revenue to be received during the then remaining life of this Agree-
meat under the terms and provisions hereof will equal at least twice the total cost to the Company of such installation~
The Company shall be deemed to have exercised its 'election when-it shall have mailed a notice to that effect ad'dressed
......~......~.....~ ..... of .................... ~-~...~..~ ..................................... I~lorida.
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 &ny 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 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 service shall not be a breach of this Agreement by the Company nor shall cancel any of the terms and conditio~ of
8. tthis nts re t enefit o~and dtng upon the successors of the Consumer and the succes-
sers and/or assigns of the Company.
IN WITNESS WHEREOF the parties hereto have hereunto caused this instrument to be signed in duplicate by their duly author-
ized officers and their official seals to be hereunto affixed tho day and year first above written.
mmmA Mt now ~ e,jm~'t~,e~a- mlam~ m ~~ ~o~ ~ ~lm ~td ~ ~
~ FLORIDA POWER & LIGHT
COMPANY
· ~ Rate Schedule Number S-1
~ Electric Service
INCANDESCENT STREET LIGHTING
WOOD POLE BRACKET TYPE FIXTURE
Overhead System -- Dusk to Dawn Service -- Company Ownership
APPLICATION OF SCHEDULE:
For lighting of public streets, alleys, thoroughfares and public parks by incandescent metallic filament lamps in over-
head wood pole bracket type fixtures owned and approved by Company, installed on poles of Company's distribution system.
CHARACTER OF SERVICE:
Single phase, approximately 60 cycles, from Company's existing series or multiple system, at Company's option.
Service includes installation, energy, maintenance, lamp renewals and patrol.
LIMITATION OF SERVICE:
Limited to the exclusive use of Consumer and shall not be resold or shared with others.
NET ANNUAL RATE:
Series Lamps Multiple Lamps
Nominal Candle- Dusk to Dawn Rating Dusk to Dawn
power of Lamp Service in Watts Service
60 $16.30 50 $16.30
80 17.40 60 17.40
100 18.50 75 18.90
250 27.00 100 21.60
400 34.50 150 26.90
600 44.90 200 32.20
1000 66.20 300 42.80
500 64.00
Net Monthly Bill:
One-twelfth of the amount computed at the Net Annual Rate including the following adjustments.
Adjustments:
First,--~'~inns or plus one-half of one percent of the amount computed at the above stated rate for each
whole point in the "All commodities" index below 70 or above 110, respectively. For this purpose there shall be
employed the average of the three most recently published monthly values for the WAll commodities" index taken
from "Wholesale Prices" compiled by the United States Department of Labor, (adjusted to a 1926 base if any
other date should be employed for the base by the United States Department of Labor).
Second,--Plus the applicable proportionate part of any taxes and assessments imposed by any governmental
authority in excess of those in effect January 1, 1937, which are assessed on the basis of meters or customers or
the price of or revenues from electric energy or service sold or the volume of energy generated or purchased for
sale or sold.
GROSS MONTHLY BILL:
The Net Monthly Bill plus 10 percent.
PROMPT PAYMENT DISCOUNT:
The difference between the gross and net bills. Allowed on bills paid within 15 days from date rendered, provided
that no previous bill remains unpaid. Bills will be rendered at monthly intervals and are due upon presentation.
NOMINAL CANDLE-POWER:
For the purpose of billing under this rate schedule, the Nominal Candle-power is to be taken as the manufacturer's
rating of lamp in lumens divided by 10.
TERM OF SERVICE:
Not less than ten years.
A
FLORIDA POWER & LIGHT COMPANY
Rate Schedule Number S-2A
Electric Service
INCANDESCENT STREET LIGHTING
WHITE WAY OR ORNAMENTAL TYPE FIXTURE
Underground System -- Dusk to Dawn Service --- Company Ownership
APPLICATION OF SCHEDULE:
Applicable to service for lighting of streets, avenues, alleys, parks and public places other than public buildings when
Consumer contracts for the use of incandescent metallic filament lamps in white way or ornamental type fixtures of a
style satisfactory to and owned by Company, fed by underground conductors.
CHARACTER OF SERVICE:
Single phase, alternating current, approxlmate]y 60 cycles. Service will be furnished from Company's existing series
or multiple street lighting system, as the case may be. Additional lamps will be.supplied from either series or multiple street
lighting system at Company's option.
Service includes installation, energy, maintenance, lamp renewals and patrol.
LIMITATION OF SERVICE:
Limited to the exclusive use of Consumer and shall not be resold or shared with others.
ANNUAL RATE PER LAMP:
Series Lamps Multiple Lamps
Nominal Candle- Dusk to Dawn Nominal Wattage Dusk to Dawn
power of Lamp Service of Lamp Service
Net Gross Net Gross
100 $24.60 $27.33 75 $25.50 $28.33
250 43.40 48.22 100 37.00 41.11
400 50.90 56.56 150 43.30 48.11
600 61.30 68.11 200 48.60 54.00
1000 82.60 91.78 300 59.20 65.78
500 80.40 89.33
NOMINAL RATING:
For the purpose of billing under this rate schedule, the Nominal Candlepower of series lamps is to be taken as the
manufacturer's rating in lumens divided by 10, and the Nominal Wattage of multiple lamps is to be taken as the mann-
facturer's rating in watts.
PAYMENT:
Bills for one-twelfth of the Annual Rate will be rendered each month of each year of the Contract Term 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 fifteen days from date of bill, after which date, if the bill is not paid, the
gross amounts become effective.
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 any license fee, tax and assessment, imposed by any governmental or taxing authority, other than those or above
those in effect on January 1, 1934, directly or indirectly upon Company on, or based on, property, or commodities pur-
chased, or revenues or receipts, or payrolls, or production, distribution, sale or purchase of electricity or kilowatt-hours, or
any other unit of charge, or on, or based on, any other basis. The Annual Rate in this schedule is based in part upon the
general level of commodity and labor costs obtaining on January 1, 1934, and upon those commodity and labor costs paid
by Company for the year 1933, and shall be subject to changes to compensate Company for increased costs of commodities
and labor and substantial changes in the value or purchasing power of money from that obtaining on January 1, 1934. Amounts
added to bills under this clause shall not be reduced by any discount or adjustment.
TERM OF SERVICE:
Not less than ten years.
PASSED AND ADOPTED at Delray Beach, Florida,
this !~ day of ~~, 1957.
The foregoing is ~~~
approved this 5 day ~
of~ Councilmen
Mayor
ATTEST: ,~., ~
City Clerk f