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Res 198-A Upon motion made by Councilman ~L~--~t/ , and seconded by Councilman ~~ , the following Resolution was duly passed and adopted: RESOLUTION NO. g A APPROVING A PROPOSED LETTER AGREF. MF~NT WITH FLORIDA POVvER & LIGHT COMPANY PROVIDING FOR THE SUBSTITUTION OF SAID COMPANY'S RATE SCHEDULE NO. X-17 FOR AND IN LIEU OF THE SAID COMPANY'S RATE SCHEDULE NO. 211-B IN THAT CERTAIN STANDARD LARGE POWER AGREEMENT COVER- ING ALL PO¥~R AND ENERGY REQUIRED FOR AND IN CONNECTION WITH THE CITY'S MUNICIPAL WATER PUMPING SYSTEM LOCATED AT DELRAY BEACH, FLORIDA, DATED THE 9TH DAY OF JULY, 1934; AUTHORIZING AND DIRECTING THE MAYOR AND THE CITY CLERK OF AND ON BEHALF OF THE CITY TO EXECUTE AND ENTER INTO THE SAID LETTER AGREE. MEF1 WITH FLORIDA POWER & LIGHT COMPANY. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA: 1. That the proposed Letter 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 substance. 2. That the Mayor and the City Clerk of and on be- half of the City, be and they are hereby authorized and di- rected to execute and enter into with Florida Power & Light Company the said Letter Agreement approved in Section i hereof and hereinafter set forth in form as follows: · . C-7-2 ). FLORIDA POWER & LIGHT COMPANY MIAMI, FLORIDA City Of Delray ~oaC~ ~ / [ , 193 7 Deiray Fe.-cn~ F~orida Gentlemen: This relates to that certain Standard Large Power Agreement between us dated the 9th day of July ~ . . ,1.9 ~., coveqing ~atll pov~er agd energy required for and in connection with your 5:~C~.p~I ~a~er ::~.l[~g ~y~e~ , located at Delray ~?each , , Florida, in accordance with the terms and conditions of our Rate Schedule No. [~'~ , together with supplementary agreements thereto, if any. Pursuant to Section 7 of the said Standard Large ~q~er Agreement, we are herewith giving you notice that there is now in effect Rate Schedule No. X ~ t which is applicable to service rendered you under the said Standard Large Power Agreement and in the territory in which your operations are conducted, and if you elect to exercise your option.an~ receive s~ s~X under the said Rate Schedule, we hereby agree, ~r request, that as of the,/t~ ~ day of ~~ , 193~ , Rate Schedule No. X ~7 , marke~. Exhibit "~" and made a part hereof, shall be substitut~d for and in lieu of Rate Schedule No. ~-B marked Exhibit "~" in the said Standard Large Power Agreement between us. h is understood and agreed that as of the /~ day of ~ ~ , 193 7 , Section 2 of the said Standard L~rge Power Agreement shall be amended to read as follows: "That the minimum quantity · of power cont~cte~for he[eun~er agd t~ be received and paid for by the Consumer shall be ~ COlitI aC~ ;x~i , h is understood and agreed that the Contract KW shall be determined as provided in the said sub- stituted Rate Schedule, that is, by using the average kw, adjusted for power factor, supplied during the 15-minute period of maximum use during the 12-month period ending with the month for which bill is rendered, and further, that except as expressly provided herein, the said Standard Large Power Agree- ment, together with supplementary agreements thereto, if any, shall remain in full force and effect tween us. If you agree to the foregoing, kindly so indicate by causing this letter and the attached copies to be executed by your duly authorized officers under your corporate seal in the spaces provided below for that purpose. Yours very truly, FLORIDA POWER ~ LIGHT COMPANY We hereby exercise the above mentioned option. Attest: (Corporate ,.* ~ ~ ~ Seal here) , Dated - 193 ~ [ llal~b~ t ~'B~ FLORIDA POWER & LIGHT COMPANY Rate Schedule Number X-17 Electric Service MUNICIPAL WATER PUMPING APPLICATION OF SCHEDULE: Applicable to power service furnished to municipalities for the operation of water pumps or to power service furnished to public utilities using same for supplying water to municipalities and communities and who contract for not less than $ Contract KW. Not applicable to standby service. The use of energy for lighting essential and accessory to the use of power hereunder is permissible under this sched- ule, but only for a total connected load in lighting equipment not exceeding 65 watts per Contract KW. For such lighting use, Consumer will provide and maintain all necessary auxiliary apparatus such as transformers, regulators, etc. CHARACTER OF SERVICE: Three phase alternating current, approximately 60 cycles and approximately 208 volts to approximately 4000 volts, at option of Company. LIMITATION OF SERVICE: Limited to exclusive use of Consumer and shall not be resold or shared with others. MONTHLY RATE: $3.50 per kw of Contract KW, payment of which entitles Consumer to use during the month 70 kwh per kw of Contract KW, 2.75¢ per kwh for the next 30 kwh used per kw of Contract KW, 1.75¢ per kwh for all additional kwh. CONTRACT KW: The average kw', adjusted for power factor as indicated below, supplied during the 15-minute period of maximum use during the 12-month period ending with the month for which bill is rendered. The Contract KW as defined abo,~e shall be determined by means of a permanently connected demand meter, but shall never be taken at less than the Contract KW stated in the Agreement for Service. POWER FACTOR: If Consumer's power factor shall average less than 85% lagging during any month, then Company may adjust the readings taken to determine the Contract K'~, by multiplying the kw obtained through such readings by 85 and by dividing tbe result by the average power factor actually established during the current month. Such adjusted readings shall be used in determining the Contract KW. MINIMUM MONTHLY BILL: $3.50 per kw of Contract KW. The amount so obtained shall not be reduced by any discount or adjustment. PAYMENT OF BILLS: Bills will be rendered at monthly intervals and are due and payable upon presentation. As this schedule forms a part of an agreement for a term of ten years or more, a discount of 10% shall be allowed on bills paid within ten days from the date rendered, provided no previous bill remains unpaid. ADJUSTMENT FOR FUEL COST: If the "weighted average delivered cost" of all fuel oil used in the generating stations interconnected with Company's main transmission system, including freight, storage and handling costs as shown by Company's books for any month exceeds 18.0¢ or is less than 12.0¢ per million British thermal units, then each bill rendered during the next succeeding month, for service under this schedule, shall be increa, sed or decreased, as the case may be, by 0.022¢ per kwh for each 1.0¢ per million British thermal units by which such cost exceeds 18.0¢, or is less than 12.0¢ respectively. If fuels other than oil are used by Company at any of the generating stations interconnected with the main trans- ~nission system, a corresponding adjustment shall be made, provided that if the use of such other fuels involves elements of cost 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 reflected in the adjustment of the monthly bill. Anmunts computed under this clause shall not be reduced by any discount or adjustment. TAXES AND COMMODITY COSTS: There may be added to all bills rendered for electric service in accordance with this schedule such bills' proportion- ate 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 Monthly 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 commod- ities 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. RULES AND REGULATIONS: Service under this schedule is subject to orders of governmental bodies having jurisdiction and to the currently effective "General Rules and Regulations for Electric Service" on file in Company's office, which are hereby made a part hereof. A copy of the present effective "General Rules and Regulations for Electric Service" is attached hereto. In case of conflict between of this schedule and said "General Rules and for Electric Service" the any provision Regulations provisions of this schedule shall apply. PASSED AND ADOPTED at Delray Beach, Florida, this day of ~ , 1937. President of City Council The foregoing is approved this I$ day Councilmen of O~ , 1937. ' · Mayor ~ ATTEST: City Clerk [ FLORIDA POWER & LIGHT COMPANY D£LRA¥ BEACH, FLORIDA November 16, 1937 City of Delray Beach Delray Beach, Florida Ge ntlemen: ~¥e are attaching herewith duplicate original of Supplemental Letter Agreement de. ted October 11, 1937, changing the rate schedule for your water pumping station from 21lB to XI?, for your files. Trusting this is satisfactory, we are Very truly yours, FLOR IDA P0~TE~R & L IG ~P!T COM~ANY CS/az ENCL. - 1