Resolution 2480 RESOLUTION NO. 2480
APPROVING A PROPOSED STREET LIGHTING AGREEMENT
WITH FLORIDA POWER & LIGHT COMPANY PROVIDING
FOR THE SUPPLY BY THAT COMPANY TO THE CITY OF
ALL ELECTRIC ENERGY AND SERVICES REQUIRED IN
CONNECTION WITH THE STREET LIGHTING SYSTEM
WITHIN THE CITY FOR A PERIOD OF TEN (10) YEARS,
AND PROVIDING FOR T F: CANCELLATION OF THE STREET
LIG-iTING AGREEMENT NOW IN EFFECT BETWEEN THE
CITY AND THE SAID COMPANY AND DATED THE 19TH
DAY OF MAY, 1924; AUTHORIZING AND DIRECTING
THE MAYOR AND THE CITY CLERK OF AND ON BEHALF
OF THE CITY TO EXECUTE ANDENTER INTO THE SAID
STREET LIGHTING AGREEMENT 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 the Florida Power & Light Company,
which is hereinafter set forth in full 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, be
and they are hereby authorized and directed to execute and
enter into the Street Lighting Agreement approved in Section 1
hereof and hereinafter set forth in form, words and figures,
subject to the following conditions:
(a) That the lowest possible rate be worked out for
the City on its electrical load for City buildings and other
City uses,
(b) That the Company assume all of the expense of
converting transformers and lights to make possible the reduction
of candlepower of street lights to conform with the types and
sizes of the street lights described in Section 1 of Article III
of said Agreement hereinafter set forth,
(c) That a part of the consideration for the acceptance
of the proposed new Agreement is the verbal assurance given to
the City Council by Messrs. Charles R. Preston and Thomas H.
Beddall, Company representatives, based on the letter of August
7, 1931, written to the City of Miami Beach by Joe H. Gill,
President and General Manager of Florida Power & Light Company,
that their proposed residential schedule No. 102 would be made
effective at the option of residential customers, not later than
August 31, and that it was their belief, based on experience in
Florida, and the experience elsewhere in the industry, that this
rate would not be increased in the future but would be supplanted
by lower rates.
(d) That the contract be approved as to form and sub-
stance by the City Attorney and City Manager.
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FLORIDA POWER & LIGHT COMPANY
Miami, Florida,
August 7 , 1931.
City of Miami Beach
Miami Beach, Florida
Gentlemen:
We have delivered to you with our letters dated
July 21st, 1931, and August 4th, 1931, copies of our
optional Rate Schedule No. 102. This rate is optional for
the class of service it covers to the rates provided for
in our Franchise of April 24th, 1924.
We have agreed and do agree to place this Rate
Schedule No. 102 in effect in Miami Beach on August 31,
1931, and the bills thereunder will be based on the meter
readings starting on September 30, 1931, upon the execution
by the City of the proposed Municipal Street Lighting Agree-
ment heretofore submitted to you, and will leave it in ef-
fect as long as the application of such rates will not
jeopardize nor impair our ability to earn a fair and reason-
able rate of return, as is defined by Florida and United
States laws with reference to electric rates.
It is our belief, based upon our experience in
Florida, and the experience of the industry elsewhere, that
this rate will not be increased in the future, but, on the
other hand, will be supplanted by lower rates, just as the
rates specified in our existing Miami Beach Franchise have
been supplanted by lower rates and by this rate.
Very truly yours,
FLORIDA POWER & LIGHT COMPANY
By JOE H. GILL
President and General Manager
Note: The original of this letter is attached to
the original Contract.
FLORIDA POWER & LIGHT COMPANY
September , 1931.
City of Miami Beach
Miami Beach, Florida
Gentlemen:
Referring to that certain Agreement between us
dated the day of September, 1931, covering all
electric energy and service necessary to the street light—
ing system of Miami Beach, Florida, we understand and agree
that a discount of five per cent. (5%) shall be allowed on
bills paid within ten (10) days from the date rendered,
provided no previous bill or bills remain unpaid.
If the foregoing sets forth your understanding
of our Agreement, please so indicate in the space provided
below on this original and on the two enclosed copies and
return the enclosed copies to us for our files.
Very truly yours,
FLORIDA POWER & LIGHT COMPANY
By JOE H. GILL
President and General Manager
The foregoing sets forth our
understanding of our Agreement:
CITY OF MIAMI BEACH, FLORIDA
By
City Manager
Dated: September , 1931.
Note: The original of this letter is attached to
the original Contract.
I
THIS AGREEMENT, Made this day of September, 1931,
by and between the CITY OF MIAMI BEACH, FLORIDA, a municipal cor-
poration organized and existing under the laws of the State of
Florida, and its successors (hereinafter called the Consumer) , and
FLORIDA POWER & LIGHT COMPANY, a corporation organized and existing
under the laws of the State of Florida, and its successors and/or
assigns (hereinafter called the Company) .
WITNESSET H:
THAT for and in consideration of the sum of One Dollar
($1.00) paid by each party hereto to the other, and of the cov-
enants and agreements herein set forth, the parties hereto covenant
and agree as follows:
ARTICLE I.
THE COMPANY AGREES:
Section 1. Insofar as reasonable diligence will enable
it to do so, to furnish electric energy to the Consumer for the
street lighting system within the corporate limits of Miami Beach,
Florida, from dusk to dawn, in accordance with the terms and pro-
visions hereof.
Section 2. To install on the Company's 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 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 exten-
sion 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 fur-
ther than 200 feet apart measured along the same side of the
street, and to connect said street lights to the Company' s over-
head 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 Company 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 light-
ing 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 shite 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 ex-
cess of 300 feet, of making such extension to its overhead street
lighting circuits, including the cost of poles.
Section 5. To clean all glassware at least four (4)
times every year and to furnish lamp renewals for the street light-
ing system which is now or may hereafter be installed by the Con-
sumer. The Company agrees to maintain said shite Way" system,
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T _
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 type and quality of construction
acceptable to the Company.
Section G. 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 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, in preparing the annual
budget for the City of Miami Beach, decide that the financial
condition of the City is such as to necessitate a reduction in
the City's operating expenses, including street lighting
expenses, the Company will at such time or times reduce said
minimum requirements at the request of the City Council by the
temporary discontinuance of street lights operated hereunder as
may be designated by the Consumer, such reduction in each case
to be for not less than the -Period of the City' s usual and
normal fiscal year as a minimum time, but the said discontinuance
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5
of said street lights to be in such a manner so that in no event
shall the minimum annual bill of the Consumer be less than equal
to that based on the present Company installation as set forth
under subsections (a) , (b) and (c) under Section 1 of Article III
hereof, plus that of any additional installation made by the
Company under Article I of this Agreement, and plus that of 25%
of the number of each type and size of the present consumer in-
stallation as set forth under subsection (d) of Section 1 of
Article III hereof, plus that of 25% of the number of each type
and size 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 street lights
under the provisions of this section, this contract 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 the Consumer having availed itself
of the provisions of this section.
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 Schedule
1, Schedule 2, Schedule 3, Schedule 4 and Schedule 5, attached
hereto and made a part hereof.
Section 3. That if and when the Company acquires
that certain street lighting system now constructed and located
on B.ivo Alto Island, within the corporate limits of Miami Beach,
the street lights of said system will be paid for by Consumer
in accordance with Schedule No. 2 attached hereto and made a part
hereof, which is applicable to street lights installed and operated
within the corporate limits of Miami Beach prior to the effective
date of this Agreement.
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ARTIULt. III.
I'1' IS MUTUALLY AUAhED:
Section 1. That the present street lighting system within
the corporate limits of Miami Beach, Florida, consists of: (a)
212 100 Candlepower lamps
107 250
1 400 TT TI
3 600
supported on bracket type fixtures, owned by the Company, indicated
on attached map marked t+Exhibit A", and (b)
56 80 Candlepower lamps
749 100
None 600
supported on "White Way" and/or other type of ornamental posts
owned by the Company, indicated on attached map marked "Exhibit An ,
and (c)
1 100 Candlepower lamps
41 250 rr
supported on ornamental bracket fixtures fed by overhead conductors,
owned by the Company, all of which are indicated on the attached
map marked "Exhibit A", and made a part hereof, and (d)
20 80 Candlepower lamps
583 100
461 250
39 400
supported on "White Way« and/or other type of ornamental post or
ornamental bracket fixture, owned by the Consumer, all of which
are indicated on the attached map marked ":exhibit B" and made a
part hereof.
Section 2. That, if and whenever the Consumer intends
to operate any of the "White Way" street lights on the "6 months
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V 4
service" rates set forth in Schedule 2, Schedule 3 and Schedule 5,
attached hereto and made a part hereof, the Consumer shall give to
the Company thirty (30) days notice of such intention in writing.
It is understood and agreed that at no time during the term of this
Agreement shall more than twenty-five per cent. (25%) of the said
"White Way" street lights be operated under the said "6 months
service" rates.
Section 3. That by "street lighting", as used in this
Agreement, is meant the lighting of streets, avenues, alleys, or,
at the option of the Consumer, parks and public places other than
the interior of public buildings.
Section 4. That no liability to furnish or take service
shall exist at any time that either party is prevented from comply-
ing 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 5. The Company shall use reasonable diligence
to furnish continuous service during lighting hours, and, having
used reasonable diligence, shall not be liable for any failure of
service, nor for any outage, extnpt to credit the Consumer with
the proportion of the month's charge attributable to the duration
and extent of such failure or outage.
Section 6. That the 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 the Company's consent. The Company
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when requested in writing by the Consumer will replace any lamp
with one of increased candlepower, in which case the monthly bill
or bills thereafter rendered shall be correspondingly increased,
except as provided in Section 1, Article II hereof.
Section 7. That this Agreement shall be for a term of
ten (10) years from the 1st day of August, 1931, provided, however,
that in the event the Company is requested to install additional
street lights within two years prior to the expiration of this
Agreement, the Company may, at its option, refuse to install such
additional street lights.
Section 8. 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 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 hereunder 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 service shall not be a
breach of this Agreement by the Company nor shall cancel any of
the terms and conditions of this Agreement.
Section 9. That that certain Agreement between the
Consumer and S. R. Inch, predecessor of the Company, dated the
19th day of May, 1924, be and the same is hereby cancelled and
terminated as of the effective date hereof.
Section 10. That this Agreement shall inure to the
benefit of and be binding upon the successors of the Consumer
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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
authorized officers and their official seals to be hereunto
affixed the day and year first above written.
Witnesses for the Consumer: CITY OF MIAMI BEACH, FLORIDA
By
Mayor
ATTEST:
City Clerk
Witnesses for the Company: FLORIDA. POWER & LIGHT COMPANY
By
President and General Manager
ATTEST:
Assistant Secretary
Approved as to Form and Substance
this day of September 1931.
Attorney for Miami Beach, Florida
Approved as to Form and Substance
this day of September 1931.
City Manager
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i
FLORIDA POWER & LIGHT COMPANY
STREET LIGHTING RATE SCHEDULE # I
MIAMI BEACH
MUNICIPAL INCANDESCENT STREET LIGHTING SERVICE
OVERHEAD WOOD POLE BRACKET TYPE FIXTURE
COMPANY OWNERSHIP
APPLICATION OF SCHEDULE:
This schedule is applicable to street lighting service when
type "C" series incandescent lamps or other types of incandescent lamps
of equivalent candlepower (lumens) are used in overhead wood pole
bracket type fixtures which are on or may be installed on poles of
the Companyts existing distribution lines and includes installation,
energy, maintenance, lamp renewals and patrol. This schedule contem-
plates the use of an overhead wood pole bracket type fixture owned by
the Company and is not applicable to any other kind of street lighting
service.
RITE:
Net Rate per Lamp per Year
_lug to Dawn Sery .ce
100 cp $27.96
250 cp 51.12
400 cp 66.96
600 cp 83.76
PAYMENT:
Bills for street lighting service will be prorated over each
service period of twelve (12) months and rendered monthly during such
service period and are due and payable on or before the tenth day of
the month following that in which service is furnished.
TERM OF AGREEMENT:
This schedule is offered only as a part of an agreement for a
term of ten (10) years. In the event the term of agreement is less
than ten (10) years, 10% shall be added to the above rates.
FLORIDA POWER AND LIGHT COMPANY
STREET LIGHTING RATE SCHEDULE # 2
1
MIAMI BEACH
MUNICIPAL INCANDESCENT STREET LIGHTING SERVICE
"WHITE WAY" OR OTHER ORNAMENTAL, TYPE FIXTURE
COMPANY OWNERSHIP
APPLICATION OF SCHEDULE:
This schedule is applicable to street lighting service when
type "C" series incandescent lamps or other types of incandescent
lamps of equivalent candlepower (lumens) are used in the fixtures of
a "White Way" or other ornamental post street lighting system which
is fed by underground conductors and includes installation, energy,
maintenance, lamp renewals and patrol. This schedule contemplates
the use of "White Way" or other types of ornamental posts owned by
the Company and is not applicable to any other kind of street lighting
service. This schedule is applicable only to service to street lights
installed or acquired by the Company prior to August 1, 1931, all of
which are indicated on the attached map marked "Exhibit A" and made
a part hereof, and is not applicable to any future installations or
acquisitions, due to the fact that the Company's investment in these
particular lamps is less than the investment which will be required
in future installations.
RATE:
ZiatP—SILLAIU Net Rate per Lamp per Year
Annual 6 Months
SeraServjce
60 cp $31.68 $28.80
80 cp 33.60 30.72
100 cp 35.52 32.28
250 cp 58.68 50.88
400 cp 74.52 63.48
600 cp 91.32 75.84
PAYMENT:
Bills for street lighting service will be prorated over each
service period of twelve (12) months and rendered monthly during such
service period and are due and payable on or before the tenth day of
the month following that in which service is furnished.
TERM OF AGREEMNT:
This schedule is offered only as a part of an agreement for
a term of ten (10) years. In the event the term of agreement is less
than ten (10) years, 10% shall be added to the above rates.
FLORIDA P0WER & LIGHT COMPANY
STREET LIGHTING RATE SCHEDULE # 3
MIAMI BEACH
MUNICIPAL INCANDESCENT STREET LIGHTING SERVICE
"WHITE WAY" OR OTHER ORNAMENTAL TYPE FIXTURE
COMPANY OWNERSHIP
APPLICATION OF SCHEDULE:
This schedule is applicable to street lighting service when
type "C" series incandescent lams or other types of incandescent
lamps of equivalent candlepower p(lumens) are used in the fixtures of
a "White Way" or other ornamental post street lighting system which
is fed by underground conductors and includes installation, energy,
maintenance, lamp renewals and patrol. This schedule contemplates
the use of "White Way" or other types of ornamental posts owned by
the Company and is not applicable to any other kind of street light-
ing service. This schedule is applicable only to service to street
lights installed or acquired by the Company subsequent to August 1,
1931.
RATE:
S ze Q JAMP Net Rate per Lamp per Year
Dusk to Dawn Service
Annul Service gilaAtha_ktraiae
250 cp $73.44 $58.56
400 cp 88.32 70.68
600 cp 100.44 79.92
1000 cp 134.88 107.88
PAYMENT:
Bills for street lighting service will be prorated over each
service period of twelve (12) months and rendered monthly during such
service period and are payable on or before the tenth day of the month
following that in which service is furnished.
TERM OF AGREEMENT:
This schedule is offered only as a part of an agreement for
a term of ten (10) years. In the event the term of agreement is less
than ten (10) years, 10% shall be added to the above rates.
FLORIDA POWER & LIGHT COMPANY
STREET LIGHTING RATE SCHEDULE # 4
MIAMI BEACH
MUNICIPAL INCANDESCENT STREET LIGHTING SERVICE
OVERHEAD ORNAMENTAL BRACKET TYPE FIXTURE
COMPANY OWNERSHIP
APPLICATION OF SCHEDULE:
This schedule is applicable to street lighting service
when type "C" series incandescent lamps or other types of incan-
descent lamps of equivalent candlepower (lumens) are used in "White
Way" or other types of ornamental standard or combined light and
trolley steel pole fixtures fed by overhead conductors and includes
installation, energy, maintenance, lamp renewals and patrol. This
schedule contemplates the use of "White Way" or other types of
ornamental standard or combined light and trolley steel pole fixture
fed by overhead conductors and owned by the Company and is not appli-
cable to any other kind of street lighting service.
RATE:
Net Rate per Lamp per Year
Size of Lamp Dusk to Dawn. Service
100 cp $42.00
250 cp 65.16
400 cp 79.92
600 cp 94.80
PAYMENT:
Bills for street lighting service will be prorated over
each service period of twelve (12) months and rendered monthly during
such service period and are due and payable on or before the tenth
day of the month following that in which service is furnished.
TERM OF AGREEMENT:
This schedule is offered only as a part of an agreement
for a term of ten (10) years. In the event the term of agreement
is less than ten (10) years, 10% shall be added to the above rates.
FLORIDA POWER & LIGHT COMPANY
STREET LIGHTING RATE SCHEDULE # 5
MIAMI BEACH
MUNICIPAL INCANDESCENT STREET LIGHTING SERVICE
"WHITE WAY" POST OR OTHER ORNAMENTAL TYPE FIXTURE
CONSUMER OWNERSHIP
APPLICATION OF SCHEDULE:
This schedule is applicable to street lighting service when
type "C" series incandescent lamps or other types of incandescent
lamps of equivalent candlepower (lumens) are used in the fixture of
a "White Way" or other ornamental post street lighting system fed by
overhead or underground conductors, the installation of which, in-
cluding cable, is not at the expense of the Company. The Company
will supply energy, maintenance, lamp renewals and patrol. This
schedule contemplates the use of "White Way" or other types of
ornamental posts owned by the Consumer and is not applicable to any
other kind of street lighting service.
RATE:
Net Rate per Lamp per Year
Size of Laing Dusk to Dawn Service
Annual Service 6 months Service
60 cp $21.00 $17.52
80 cp 22.92 19.08
100 cp 24.96 20.76
250 cp 43.08 35.28
400 cp 53.88 43.80
600 cp 70.68 58.32
PAYMENT:
Bills for street lighting service will be prorated over
each service period of twelve (12) months and rendered monthly during
such service period and are due and payable on or before the tenth
day of the month following that in which service is furnished.
TERM OF AGREEMENT:
This schedule is offered only as a part of an agreement for
a term of ten (10) years. In the event the term of agreement is less
than ten (10) years, 10% shall be added to the above rates.
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Passed and adopted ��
this
day of September, A.D. 1931.
President of City Council
Pro-Tem
ATTEST
City Clerk
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