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Resolution 4460 •---"- RESOLUTION NO. 4460 APPROVING A PROPOSED STREET LIGHTING AGREEMENT WITH FLORIDA POWER & LIGHT COMPANY PROVIDING FOR THE FURNISHING BY SAID COMPANY AND THE PURCHASE BY THE CITY OF MIAMI BEACH OF ALL ELECTRIC ENERGY AND SER- VICES REQUIRED FOR AND IN CONNECTION WITH THE STREET LIGHTING SYSTEM WITHIN SAID CITY, AND PROVIDING FOR THE CANCELLATION OF THAT CERTAIN STREET LIGHTING AGREEMENT NOW IN EFFECT BETWEEN THE SAID CITY AND SAID COMPANY DATED THE 17TH DAY OF SEPTEMBER, 1931, AND ALL SUPPLEMENTARY AND SUPPLEMENTAL AGREEMENTS THERETO, INCLUDING THE ARRANGEMENTS SET FORTH UNDER THAT CERTAIN LETTER FROM SAID COMPANY TO SAID CITY DATED OCTOBER 1, 1934; AND SETTING OUT THE TERMS AND CONDITIONS UNDER WHICH THE FOREGOING SHALL BE EFFECTED; AUTHORIZING AND DIRECTING THE MAYOR AND THE CITY CLERK AND SUCH OTHER OFFICERS OF THE CITY AS MAY BE REQUIRED TO DO SO BY LAW, OF AND ON BE- HALF OF THE CITY OF MIAMI BEACH, TO EXECUTE AND ENTER INTO THE SAID PROPOSED STREET LIGHTING AGREE- MENT WITH FLORIDA POWER & LIGHT COMPANY. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA: 1. That that certain proposed Street Lighting Agree- ment between the City and 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 and such other officers of the City as may be required to do so by law, of and on behalf of the City, be and they are hereby authorized anddirected to execute and enter into with Florida Power & Light Company the said proposed Street Lighting Agreement ap-oroved in Section 1 hereof and hereinafter set forth in form as follows: •• STREET LIGHTING AGREEMENT THIS AGREEMENT made this day of , 1938, by and between the CITY of MIAMI BEACH, Florida, a Municipal Corporation organized and existing under the laws of the State of Florida, and its suc- cessors (hereinafter called the Consumer), and FLORIDA POWER El LIGHT COMPANY, a corporation organized and existing under the laws of the State of Florida, its successors and/or assigns (hereinafter called the Company). W'ITNESSETII: THAT for and in consideration of the sum of One Dollar ($1.00) paid by each party hereto to the other, and of the covenants and agreements herein set forth, the parties hereto covenant and agree as follows: ARTICLE I. THE COMPANY AGREES: SECTION 1. In so far as reasonable diligence will enable it to do so, to furnish energy to the Consumer for the street lighting systgm within the corporate limits of City of Miami Beach, Florida, from dusk to dawn, in accordance with the terms and provisions hereof. SEC'tION 2. To install on the Company's weisti4* distribution poles within thirty (30) days after receipt of written notice from the Consumer, overhead bracket street lights, and to 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 City of Miami Beach, Florida, provided, however, that in the event it shall be necessary for the Company to extend its street lighting circuits more than 300 feet in order to reach any additional overhead bracket street light ordered by the Consumer, as herein provided, the Consumer agrees to reimburse the Company for the cost, in excess of 300 feet, of making such extension to its street lighting circuits, including the cost of poles. SECTION 3. To install within ninety (90) days after receipt of written notice from the Consumer, "White Way" or other type of ornamental post or ornamental bracket street lights of a type mutually satisfactory, said lights to be spaced not farther than 200 feet apart measured along the same side of the street, and to connect said street lights to the Company's overhead or underground street lighting circuits and to maintain, renew, repair and clean all said street lights, provided, however, that in the event it shall be necessary for the Com- pany to extend its street lighting circuits more than 200 feet in order to reach any additional "White Way" or other type of ornamental post, or ornamental bracket street lights ordered by the Consumer as herein provided, the Consumer agrees to reimburse the Company for the cost, in excess of 200 feet, of making such extension to its street lighting circuits, including the cost of poles. SECTION 4. To serve Consumer's "White Way" and/or other type of ornamental post or ornamental bracket street lighting system which is now or may hereafter be installed, or any extension thereof, and to extend the Company's overhead street lighting circuits to the point of connection with the Consumer's underground cable connecting together street lights forming the Consumer's White Way" street lighting system so constructed by said Consumer, provided, however, that in the event it shall be necessary for the Company to extend its street lighting circuits more than 300 feet in order to reach such point of connection, the Consumer agrees to reimburse the Company for the cost, in excess of 300 feet, of making such extension to its overhead street lighting circuits, including the cost of poles. 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 the Consumer. The Company agrees, notwithstanding anything hereinafter set out to the contrary, to maintain said "White Way" system, provided, that the Company shall be obligated to maintain none of those street lights installed or acquired by the Consumer after the date hereof, except those that at the time of installation and/or acquisition shall be of a quality of construction ac- ceptable to the Company. SECTION 6. To change the location of any street light in use upon thirty (30) days' written notice from the Consumer and upon payment by the Consumer of the cost of such change. ARTICLE II. THE CONSUMER AGREES: SECTION 1. To purchase from the Company all electric energy and services necessary for the operation of the street lighting system within the corporate limits of City of Miami Beach, Florida, which is now or may hereafter be installed, the minimum requirements for which shall at all times equal that of the present installation as set forth under Section 1 of Article III hereof, plus that of all additional installations made by the Company and/or the Consumer, under Article I of this Agreement. Provided, however, that it is mutually understood and agreed that should the Consumer, at any time or times during the life of this Agreement, decide that the financial condition of the City is such as to necessitate a reduction in the City's operating expenses, including street liehting expenses, the Company will, at such time or times, at the request of the City Council, temporarily discontinue or reduce the candlepower of Company or Consumer owned street lights to such an extent as not to exceed what Consumer then pays Company for 75% of the bill for Consumer owned street lights, as set forth under Section 1 of Article III hereof,plus that of any additional installations made by the Consumer under Article I of this Agreement. It is mutually understood and agreed that, should the Consumer discontinue, or reduce the candlepower of, street lights under the provisions of this section, the term of this Agreement shall be automatically extended for such a period of time that the revenue received by the Company during such extended period shall equal the revenue lost by reason of Consumer having requested such discontinuance or such reduction of candlepower. SECTION 2. To pay for all the energy and services furnished by the Company at the office of the Company in Miami Beach, Florida, in accordance with the schedules marked Rate Schedule Number S•1, Rate Schedule Number S-2A, Rate Schedule Number S-3A and Rate Schedule Number S-4, attached hereto and made a part hereof. —1— • • • ARTICLE III. IT IS MUTUALLY AGREED: SEcTIoN 1. That the present street lighting system within the corporate limits of City of Miami Beach, Florida, consists of: 58 75 (watt) multiple lamps 401 100 (candle power) series lamps 88 250 „ 1 400 „ ,. . 1 600 supported on bracket type fixtures, owned by the Company; and 63 '75 (watt) multiple lamps 854 100 (candle power) series lamps 1 250 .. 400 .. 600 " supported on "White Way" and/or other type of ornamental post or bracket fixture owned by the Company and served by underground system; and 22 100 (candle power) series lamps 20 250 " supported on "White Way" and /ur other type of ornamental post or ornamental bracket fixture owned by the Company and served by the overhead system; and 972 100 (candle power) series lamps 220 250 .. „ 44 400 .. ,. 600 " supported on "White Way" and/or other type of ornamental post or ornamental bracket fixture,owned by the Consumer. 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 3. 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 for the purpose of repairing or making more efficient all or any part of its electrical generating or other electrical equipment. SECTION 4. The Company shall use reasonable diligence to furnish continuous ser ice during lighting hours, and, having used rea- sonable diligence, shall not he liable for any failure of service, nor for any outage, except to credit the Consumer with the proportion of the month's charge attributable to the duration and extent of such failure or outage. SECTION 5. That the Company may substitute for any lamp installed other lamps of at least equal illuminating capacity and ef- ficiency as improvements in the art may make such lamps available, hut no change shall be required in the size, style or capacity of any lamps without the Company's consent. The Company when requested in writing by the Consumer will replace any lamp with one of increased candle power, in which case the monthly bill or bills thereafter rendered shall be correspondingly increased. SECTION 6. That this Agreement shall he for a term of ten (l01 years from the 1st day of December 1938;provided, however, that in the event the Company is requested to install additional street lights within two years prior to the expiration of this Agree- ment, the Company may, at its option, refuse to install such additional street lights. SECTION 7. That should the 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, 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 here- under until the 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 the Company nor shall cancel any of the terms and conditions of this Agreement. • • , H , • SECTION 8. That, if, during the term of this Agreement, the Company makes effective 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 the 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 the Company in writing within thirty (30) days from the receipt of Company's notice that the Con- sumer 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 or schedules. SECTION 9. That that certain Street Lighting Agreement now in effect between the Consumer and the Company dated the 17th day of September, 1931, and all supplementary and supplemental agreements thereto, including the arrangements contained in that certain letter from Company to Consumer dated October 1, 1934, be and the same are hereby cancelled and terminated. SECTION 10. That this Agreement shall inure to the benefit of and be binding upon the successors of the Consumer and the successors and/or assigns of the Company. IN WITNESS WHEREOF, the parties hereto have hereunto caused this instrument to be signed in triplicate by their duly author- ized officers and their official seals to be hereunto affixed the day and year first above written. CITY OF MIAMI BEACH Witnesses for Consumer: By Mayor ATTEST: City Clerk FLORIDA POWER &LIGHT COMPANY Witnesses for Company: By President f . ATTEST: Assistant Secretary APPROVED as to form and substance this day of , 1938. City Manager APPROVED as to form and correctness this day' of , ,1938. Attorney for City of Miami Beach, Florida. —3— • FLORIDA POWER 8 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: 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: Stand-by or resale service not permitted hereunder. 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 Monthly Bill: One-twelfth of the amount computed at the Annual Rate including the following adjustment. Adjustment: Plus the applicable proportionate part of any taxes and assessments imposed by any governmental author- ity 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. 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 10 years. B 0 . 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: For lighting of public streets, alleys, thoroughfares and public parks by incandescent metallic filament lamps in white way or ornamental type fixtures owned and approved by Company, fed by underground conductors. 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: Stand-by or resale service not permitted hereunder. ANNUAL RATE: Series Lamps Multiple Lamps Nominal Candle- Dusk to Dawn Rating Dusk to Dawn •power of Lamp Service in Watts Service 100 $24.60 75 $25.50 250 43.40 100 37.00 400 50.90 150 43.30 600 61.30 200 48.60 1000 82.60 300 59.20 500 80.40 Monthly Bill: One-twelfth of the amount computed at the Annual Rate including the following adjustment. Adjustment: Plus the applicable proportionate part of any taxes and assessments imposed by any governmental author- ity 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. 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 10 years. B • FLORIDA POWER & LIGHT COMPANY Rate Schedule Number S-3A Electric Service INCANDESCENT STREET LIGHTING WHITE WAY OR ORNAMENTAL TYPE FIXTURE Overhead System — Dusk to Dawn Service — Company Ownership APPLICATION: For lighting of public streets, alleys, thoroughfares and public parks by incandescent metallic filament lamps in white way or ornamental type fixtures owned and approved by Company, fed by overhead conductors. •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: Stand-by or resale service not permitted hereunder. ANNUAL RATE: Series Lamps Multiple Lamps Nominal Candle- Dusk to Dawn Rating Dusk to Dawn power of Lamp Service in Watts Service 100 $24.60 150 $37.30 250 37.40 200 42.60 400 44.90 300 53.20 600 55.30 500 74.40 I000 76.60 Monthly Bill: One-twelfth of the amount computed at the Annual Rate including the following adjustment. Adjustment: Plus the applicable proportionate part of any taxes and assessments imposed by any governmental author- ity 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. 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 10 years. B n D t � FLORIDA POWER & LIGHT COMPANY Rate Schedule Number S-<I. Electric Service INCANDESCENT STREET LIGHTING Dusk to Dawn Service— 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: Single phase, approximately 60 cycles, from Company's existing series or multiple system, at Company's option. Service includes only energy, lamp renewals and patrol. LIMITATION OF SERVICE: Stand-by or resale service not permitted hereunder. ANNUAL RATE: Series Lamps Multiple Lamps Nominal Candle- Dusk to Dawn Rating Dusk to Dawn power of Lamp Service in Watts Service 60 812.30 50 812.30 80 13.40 60 13.40 100 14.50 75 14,90 250 23.00 100 17.60 400 30.50 150 22.90 600 40.90 200 28.20 1000 62.20 300 38.80 500 60.00 Monthly Bill: One-twelfth of the amount computed at the Annual Rate including the following adjustment. Adjustment: Plus the applicable proportionate part of any taxes and assessments imposed by any governmental author- ity 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. 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 10 years. B PASSED AND ADOPTED this 6th day of January, A. A, 1939 . C President. P Ci y Council. ATTEST: • City Clerk. I r.• "'" x ,h y 1 G) G) $1 • Ib G) G) 0 z ia0 -,7+ 4 0 N ba O 4-1