Resolution 8309 i
RESOLUTION NO. 8309
• APPROVING A PROPOSED STREET LIGHTING AGREEMENT WITH
FLORIDA POWER & LIGHT COMPANY PROVIDING FOR THE FUR-
NISHING BY SAID COMPANY AND THE PURCHASE BY THE CITY
OF MIAMI BEACH OF ALL ELECTRIC ENERGY AND SERVICES
REQUIRED FOR AND IN CONNECTION WITH THE STREET LIGHT-
ING SYSTEM WITHIN SAID CITY, 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 OTHILH OFFICERS OF THE
CITY AS MAY BE REQUIRED TO DO SO BY LAW, OF AND ON
BEHALF 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:
SECTION 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 .
SECTION 2: That the Mayor and the City Clerk and such othe •
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
and directed to execute and enter into with Florida Power & Light
Company the said proposed Street Lighting Agreement approved in
Section 1 hereof and hereinafter set forth in form as follows :
Jr
MUNICIPAL STREET LIGHTING AGREEMENT
THIS AGREEMENT made this day of 1953,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 successors
(hereinafter called Consumer), and FLORIDA POWER & LIGHT COMPANY, a corporation organized and existing under the laws of
the State of Florida, its successors and/or assigns (hereinafter called 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 covenants
and agreements herein set forth, the parties hereto covenant and agree as follows:
ARTICLE I.
COMPANY AGREES:
SECTION 1. In so far as reasonable diligence will enable it to do so, to furnish electric energy and services to Consumer for the street
lighting system within the corporate limits of the City of Miami Beach, Florida, in accordance with the terms and provisions hereof.
SECTION 2. To install on Company's existing distribution poles within thirty (30) days after receipt of written notice from Con-
sumer, evidenced by Consumer's purchase order, overhead bracket street lights, and to connect said street lights to Company's overhead street
lighting circuits, now or hereafter installed in the City of Miami Beach, Florida, provided, however, that in the event it shall be necessary for
Company to extend its street lighting circuits more than 300 feet in order to reach any additional overhead bracket street light ordered by Con•
sumer, as herein provided, Consumer agrees to reimburse Company for the cost, in excess of 300 feet, of making such extension to its street
lighting circuits.
SECTION 3. 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 Company's overhead street lighting
circuits to the point of connection with Consumer's underground cable connecting together street lights forming Consumer's "White Way"
street lighting system so constructed by said Consumer, provided, however, that in the event it shall he necessary for Company to extend
its street lighting circuits more than 300 feet in order to reach such point of connection, Consumer agrees to reimburse Company for the
cost, in excess of 300 feet, of making such extension to its overhead street lighting circuits.
SECTION 4. To change the location of any street light in use or to substitute for any street light in use at one location any other
street light of the same type and ownership, and of the same or greater rating in lumens, candlepower or wattage, not in use at any other
location, upon payment by the Consumer of the cost of such change or substitution and upon thirty (30) days' written notice from the Con-
sumer evidenced by Consumer's purchase order.
ARTICLE II.
CONSUMER AGREES:
SECTION 1. To purchase from Company all electric energy and services necessary for the operation of the street lighting system
within the corporate limits of the City of Miami Beach, Flori 1a 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 addi-
tional installations made by Company and/or Consumer, under Article I of this Agreement, except as provided in Section 3, Article
III hereof.
SECTION 2. To pay for all the energy and services furnished by Company at the office of the Company in the City of Miami
Beach, Florida, in accordance with the schedules attached hereto, made a part hereof and marked S•15, S-16, S-17 and S-18.
SECTION 3. To construct, renew, repair and maintain the underground cable or overhead conductors connecting its "White Way"
and/or other type of ornamental post or ornamental bracket street lighting system and the posts thereof so that at all times said street light-
ing system shall be in a safe condition and, in the event it shall become necessary to reinforce or rebuild said system in order that it may he
properly served in accordance with good electrical practice, to so reinforce and rebuild said system and to protect and save Company harmless
from any and all loss, cost, damage or expense that may be caused to Company by reason of the failure on the part of Consumer to properly
construct, renew, repair and/or maintain said street lighting system in accordance with the provisions hereof.
—1—
ARTICLE M.
IT IS MUTUALLY AGREED:
SECTION 1. That the existing street lighting system within the corporate limits of the City of Miami Beach, Florida, consists of:
444 1000 lumen lamps
231 2500 "
78 4000 "
3 6000 " "
supported on bracket type fixtures, owned by Company and
137 2500 lumen lamps, served by underground conductors
17 2500 lumen lamps, served by overhead conductors
4 4000 " " " „ ..
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supported on "White Way" and/or other type of ornamental post or ornamental bracket fixtures, owned by Company, and
641 1000 lumen lamps
324 2500 "
1774 4000 „
874 6000 ,• "
97 10000 " "
supported on "White Way" and/or other type of ornamental post or ornamental bracket fixtures, owned by Consumer.
SECTION 2. That if, during the term of this Agreement, Company makes effective in the territory served hereunder 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 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 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
Company in accordance with the terms and conditions of such substituted rate schedule or schedules.
SECTION 3. That if, during the term of this Agreement, the financial condition of Consumer should become impaired to such an
extent as to necessitate a reduction in Consumer's operating expenses including that of street lighting, the Company will at such time or
times, at the request of the Council of the City expressed by,its resolution adopted for such purpose, temporarily discontinue or reduce the
lamp ratings of Consumer-owned street lights to an extent that the total cumulative reductions in Consumer's street lighting bill shall not ex-
ceed a sum equivalent to 25% of the amount otherwise due to Company for Consumer-owned street lights enumerated in Section I of Article
III hereof plus those street lights hereinafter installed by the Consumer under Section 3 of Article I hereof.
SECTION 4. That by "street lighting", as used in this Agreement, is meant the lighting of streets, avenues, alleys, parks, bridges, and
public places other than public buildings.
SECTION 5. 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,
4 in the opinion of 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 6. That Company shall use reasonable diligence to provide continuous service during lighting hours, and, having used
reasonable diligence, shall not be liable for any outage; however the monthly bill for street lighting service will be reduced in proportion
to the duration and extent of outages caused by hurricanes.
SECTION 7. That 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 Company's consent. Company will replace any lamp with one of increased rating in lumens, candle power or wattage at the
written request of Consumer, evidenced by Consumer's purchase order, in which case the monthly bill or bills thereafter rendered shall be
correspondingly increased.
_2_
SECTION 8. That this Agreement shall be for a term of ten (10) P`.arCh 1� 53
g Years from 1912c
and shall extend for a further period or periods of five (5) years from the termination of the said ten (10) 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 term,
ination of the said ten (10) years, or any extension thereof, either party shall have signified its desire to terminate this Agreement, provided,
however, that Company will not be 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.
SECTION 9. That should 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 condititions of this Agreement, 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 services to Consumer here•
under 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 services shall not be a breach of this Agreement by Company nor shall cancel any of the terms and conditions of this Agreement.
SECTION 10. That this Agreement supersedes all previous Agreements or representations, either written or verbal, heretofore in effect
between Consumer and Company, made with respect to matters contained herein and, when duly executed, constitutes the Agreement be,
tween the parties hereto.
SECTION 11. That this Agreement shall inure to the benefit of and be binding upon the successors of Consumer and the successors
and/or assigns of 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 Consumer: CITY OP MIAMI BEACH, FLORIDA.
By
— — Mayor
Attest:
Witnesses for Company:
City Clerk
FLORIDA POWER & LIGHT COMPANY
By
Manager
Attest:
Approved as to form and correctness this day Asst. Secretary
of _ 19
Attorney for City of Miami Beach, Florida.
—3—
FLORIDA POWER & LIGHT COMPANY
Rate Schedule Number S-16
• Electric Service
INCANDESCENT STREET LIGHTING—OVERHEAD CONDUCTORS
WHITE WAY OR ORNAMENTAL FIXTURE— COMPANY OWNERSHIP
APPLICATION:
For lighting of public streets, alleys, thoroughfares and public parks by incandescent metallic filament lamps in
ornamental fixtures owned by Company, fed by overhead conductors.
CHARACTER OF SERVICE:
From Company's series or multiple system, at Company's option.
Service includes installation, maintenance, lamp renewals, patrol and energy from sunset each day to sunrise the fol-
lowing day.
LIMITATION OF SERVICE:
Stand-by or resale service not permitted hereunder.
ANNUAL RATE:
Lamp Rating Per Lamp
Lumens per Year
2500 $33.00
4000 38.50
6000 4550
10000 60.00
Monthly Bill:
One-twelfth of the amount computed at the Annual Rate including the following adjustments.
Adjustments:
First,—Minus or plus per month per 1000 lumens of lamp rating for each 1¢ below 12¢ or above 18¢,re-
spectively, in Company's cost per million British thermal units of fuel. For this purpose there shall be employed
the weighted average delivered cost (including freight, storage and handling costs) as shown by Company's books,
of all fuel used during the next preceding month in the generating stations interconnected with Company's
main transmission system.
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.
TERM OF SERVICE:
Not less than 10 years.
B
FLORIDA POWER & LIGHT COMPANY
Rate Schedule Number S-15
Electric Service
INCANDESCENT STREET LIGHTING— OVERHEAD CONDUCTORS
BRACKET FIXTURE—COMPANY OWNERSHIP
APPLICATION:
For lighting of public streets, alleys, thoroughfares and public parks by incandescent metallic filament lamps in
bracket type fixtures owned by Company and installed on existing poles of Company's distribution system.
CHARACTER OF SERVICE:
From Company's series or multiple system, at Company's option.
Service includes installation, maintenance, lamp renewals, patrol and energy from sunset each day until sunrise the
following day.
LIMITATION OF SERVICE:
Stand-by or resale service not permitted hereunder.
ANNUAL RATE:
Lamp Rating Per Lamp
Lumens per Year
Radial Wave or Unenclosed Unit 1000 or less $18.00
Radial Wave or Unenclosed Unit 2500 22.50
Globe Enclosed Unit 4000 28.50
Globe Enclosed Unit. 6000 36.00
Globe Enclosed Unit. 10000 51.00
For Center Suspension Mounting Add $ 3.00
For Separate Pole Mounting—Wood 2.00
For Separate Pole Mounting—Steel
9.00
Monthly Bill:
One-twelfth of the amount computed at the Annual Rate including the following adjustments.
Adjustments:
First,—Minus or plus .40 per month per 1000 lumens of lamp rating for each 10 below 120 or above 180, re-
spectively, in Company's cost per million British thermal units of fuel. For this purpose there shall be employed
the weighted average delivered cost (including freight, storage and handling costs) as shown by Company's books,
of all fuel used during the next preceding month in.the generating stations interconnected with Company's
main transmission system.
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.
TERM OF SERVICE:
Not less than 10 years.
At
1
FLORIDA POWER & LIGHT COMPANY
Rate Schedule Number S-17
Electric Service
INCANDESCENT STREET LIGHTING—UNDERGROUND CONDUCTORS
ORNAMENTAL STANDARD—COMPANY OWNERSHIP
APPLICATION:
For lighting of public streets, alleys, thoroughfares and public parks by incandescent metallic filament lamps in
ornamental standard fixtures owned by Company, fed by underground conductors.
CHARACTER OF SERVICE:
From Company's series or multiple system, at Company's option.
Service includes installation, maintenance, lamp renewals, patrol and energy from sunset each day until sunrise the
following day.
LIMITATION OF SERVICE:
Stand•by or resale service not permitted hereunder.
ANNUAL RATE:
Lamp Rating Per Lamp
Lumens per Year
2500 $39.50
4000 45.50
6000 53.00
10000 67.50
Monthly Bill:
One•twelfth of the amount computed at the Annual Rate including the following adjustments.
Adjustments:
.4f
First,—Minus or plus SEper month per 1000 lumens of lamp rating for each 10 below 120 or above 180, re•
spectively, in Company's cost per million British thermal units of fuel. For this purpose there shall be employed
the weighted average delivered cost (including freight, storage and handling costs) as shown by Company's books,
of all fuel used during the next preceding month in the generating stations interconnected with Company's
main transmission system.
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.
TERM OF SERVICE:
Not less than 10 years.
B
-v _
FLORIDA POWER & LIGHT COMPANY
Rate Schedule Number S-18
Electric Service
INCANDESCENT STREET LIGHTING—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:
From Company's series or multiple system, at Company's option.
Service includes lamp renewals, cleaning, patrol and energy from sunset each day until sunrise the following day.
LIMITATION OF SERVICE:
Stand-by or resale service not permitted hereunder.
ANNUAL RATE:
Lamp Rating Per Lamp
Lumens per Year
1000 or less 813.50
2500 17.50
4000 23.50
6000 31.00
10000 46.00
Monthly Bill:
One-twelfth of the amount computed at the Annual Rate including the following adjustments.
Adjustments:
First,—Minus or plus .40 per month per 1000 lumens of lamp rating for each 1¢ below 120 or above 18¢,re-
spectively, in Company's cost per million British thermal units of fuel. For this purpose there shall be employed
the weighted average delivered cost (including freight, storage and handling costs) as shown by Company's books,
of all fuel used during the next preceding month in the generating stations interconnected with Company's
main transmission system.
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.
TERM OF SERVICE:
Not less than 10 years.
A,
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PASSED and ADOPTED this 25th day of March, A. D. 1953 .
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