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112939208- MINUTES CITY COMMISSION, SANFORD, FLORIDA - -19--39 The City Commission of the City of Sanford, Florida, met in adjourned session at the City Hall in the City of Sanford, Florida, November 29,1939• Present: Commissioner n n h n City Attorney City Clerk H, Edward Higgins, Mayor. Walter S. Coleman H. James Gut M.J. Lodge G.E.Rollins Fred R. Wilson_ N. Sayer. Meeting called to order by the Chairman Mr. H.H.Coleman, local manager of the Florida t 2:00 o'clock P.M or & Light Company next submitted for further consideration by the Commission a p *oposed Municipal Street Lighting Agreement under the type "SO rates, whereby the Cfty will receive 19% more candlepower hours than are now in effect by adding certain lights and increasing the candlepower of a number of existing lights, at an additional cost of $92.40 per month, such addition in cost of lighting to be donated by the,Florida Power & Light Company until October 1, 1940, provided sufficient funds will be appropriated for street lighting in the 1940 -1941 budget to meet the additional requirement for the fiscal year beginning October 1, 1940. Thereupon after a careful study of the proposed municipal street lighting agreement , and upon the assurance by Mr. Coleman that under the terms of Article 3, Section 4 thereof, the City will be entitled to discontinue such lights as neces- sary in the event economic conditions should require the curtailment of expenses, Commissioner Gut introduced Resolution No. 564 approving said street lighting agree- ment and moved its passage end adoption. Commission: Seconded by Commissioner Rollins and carried by the following vote of the Commissioner Hi gins Aye " CO eman. Aye " Gut Aye " Lodge Aye " Rollins Aye said Resolution No. 564 being in words and figures as full ws: RESOLUTION NO. 564 APPROVING A PROPOSED MUNICIPAL STREET LIGHTING i FLORIDA POWER & LIGHT COMPANY PROVIDING FOR THE SAID COMPANY AND THE PURCHASE BY THE CITY OF Sr OF ALL ELECTRIC ENERGY AND SERVICES FOR THE S TR THE CITY OF SANFORD, FLORIDA, AND SETTING OUT - UNDER WHICH THE SAID ELECTRIC ENERGY AND SERVI, SAID COMPANY AND PURCHASED BY SAID CITY; AUTHO MAYOR AND THE CITY CLERK OF AND ON BEHALF OF TH, TO EXECUTE AND ENTER INTO THE SAID PROPOSED MUN: AGREEMENT WITH FLORIDA POWER & LIGHT COMPANY. GREEMENT WITH FURNISHING BY NF ORD, FLORIDA ET LIGHTING SYSTEM WITHIN HE TERMS AND CONDITIONS ES SHALL BE FURNISHED BY IZING AND DIRECTING THE CITY OF SANFORD, FLORIDA, CIPAL STREET I,TGHTING BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SANFORD, 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 the same is hereby approved as to form and substance. 2. That the Mayor and the City Clerk of and o* behalf of the City of Sanford, 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: 1 1 L_ 1 1 i] 1 0 1 Y MINUTES 209 CITY COMMISSION, SANFORD, FLORIDA, November 29 2:oo P M 19__n MUNICIPAL STREET LIGHTING_AGREEMENT. THIS AGREEMENT made this 29th day of November , 1939 by end between the City of Sanford, Florida, a Municipal Corporation organized and existing under the laws of the State of Florida, and its successors ( hereafter 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 ( hereafter celled 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 1. COMPANY AGREES: Section 1. In so far as reasonable diligence will enable :.it to do so, to furnish electric energy to Consumer for the street lighting system within the corporate limits of City of Sanford, 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 Consumer , evidenced by a letter from Consumer's City Clerk under Consumer's Corporate Seal, setting forth that such installation has been duly authorized by Consumer's governing body, overhead bracket street lights, and to connect said street lights to 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 Sanford, 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 Consumer, 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, including the cost of poles. Section 3. To install witAtnninety (90) days, after written notice from Consumer, evidenced by a letter from Consumer's City Clerk under Consumer's corporate seal, setting forth that such irs tallation has been duly authorized by Consumer's governing body, "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 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 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 Consumer as herein provided, Consumer agrees to reimburse 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 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 be necessary for Company to extend its street lighting cirucits 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, including cost of poles. 21-0 MINUTES CITY COMMISSION, SANFORD, FLORIDA, November 29 2: Do P M 19 39 Section 5. To clean all glassware when necessary ajd to furnish lamp renewals for the "White Way" street lighting system which is now or may hereaf ter be installed by Consumer. In the event Consumer shall request Company and shal also pay the additional charges hereafter provided in Section 3 of Article 11 hereof, ompaany agrees to maintain said " White Way" system, provided, however, in no event shall Company be liable to replace or repair broken or damaged " White fay" posts. Company , however, reserves the right to exclude oeole replacements as a main- tenence obligation hereunder when, in its judgment, the type �nd quality of cable used and the irm ta.11ation of such cable has not been in accordance with good electrical practice. Section 6. To change the location of any street light in use upon thirty ( 30) dayb' written notice from Consumer, evidenced by a letter from Consumer's City Clerk, under Consumer's corporate seal, setting forth that such change in location has been duly authori2 by Consumer's governing body, and upon payment by Consumer of Ithe cost of such change. ARTICLE II CONSUMER AGREES: Section 1. To purchase from Company all electric nergy and services necessary f¢r the operation of the street lighting system whithin the co porate limits of City of Sanford, 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 i stallations made by Company and /or Consumer, under Article I of this Agreement. Section 2. To pay for all the energy and services furnished by Company at the office of Company in Sanford Florida, in accordance with the schedules attached hereto,made a part hereof and marksd Rate Schedule Nos S -11 S -4 and S-9, Section 3. In the event Consumer shall request Company to maintain the " White Way" System as provided in Section 5 of Article I hereof, to pay monthly additional amounts at the rate of $10.00 per year for each street light of the "'White Way" system or part thereof so maintained by Company. Section 4. To construct, renew, repair and maint in the underground cable connecting its "White Way " and /or other type of ornamental po t or ornamental bracket street lighting system and the .%posts thereof so that at all times said street lighting system shall be in a safe condition and, in the event it shall become necessary to reinforce or rebuild said system in order that it may be properly served in accordance with good electrical practice, to so reinforce and rebuild said system aid to protect and save Company harmless from any and all loss, cost, damage or expense that tjiy ;11bV bguQ #dG%d 00m- pany by reason of the failure on the part of Consumer to properly construct, renew, repair and /or maintain said street lighting system in accordance with the provisions hereof. ARTICLE III IT IS MUTUALLY AGREED: Section 1. That the present street lighting syste� within the corporate limits of City of Sanford, Florida, consists of : 17 250 ( candle Power ) lamps in operation 235 SO " " n n " 6 not in opera ion. supported on tWhitetW*y# eadd/ 6r- ,ot4er.tglae:_:gf.lorapam9n$a3L post r ornamental bracket fixtures owned by Company , and 33 250 ( Candle Power) lamps in operation_ 325 100 n " n n n 74 not in oper tion Supported on " White Way" and /or other type of ornamental post or ornamental bracket fixtures , owned by Consumer. Sectional -A, which is made a part hereof. Section 1 -A That the street lights hereinabove described in S�ction 1, Article III, 1 1 L MINUTES 21 1 CITY COMMISSION, SANFORD, FLORIDA, November 29 2 P M 1938__ which have heretofore been discontinued sad are not now in operation, shall not be paid for by Consumer while the same are not in operation and remain discontinued. At any time or from time to time during the term of this agreement, at the request of Consumer, the Company will restore to service any or all of the discontinued street lights and, after res- toration to service, the Company will bill Consumer and the Consumer will be required to pay for each street lights restored to service in accordance with the terms and provisions of this agreement. Section 2. That if, during the term of this Agreement, Company makes effective in or schedules territory served hereunder any other street lighting rate schedule /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 by "street lighting ", as used in this Agreement, is meant the lighting of streets, avenues, alleys, parks and public places other than public buildings. Section 4. 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 reasonof any partial, temporary or entire shut -down of service which, 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 5. 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 . Section 6. ThFt 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 candle power at the written request of Consumer, evidenced by a letter from Consumer's City Clerk under Consumer's corporate seal setting forth that such request has been duly auth- orized by Consumer's governing body, in which case the monthly bill or bills thereafter rendered shall be correspondingly increased. Section 7. That this Agreement shall be for a term of ten ( 10 ) years from: November 29, 1939 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 w ant �rl hor l t ess i 5� notice given by either party to the other not more than ninety ( 90 ) days /before the date of termination of the said ten ( 10 ) years, or any extension thereof, either party shall have signified its desire to terminate this Agreement, provided, however, that in the event 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 served by Company at the beginning of the said two ( 2 ) year period, the term of this agreement shall, at the election of Company, be extended for a further period or periods of five ( 5 ) years, and further provided, in the event Company is re- MINUTES CITY COMMISSION, SANFORD, FLORIDA, November 29 2 i M 1 9__ 39 quested to install and /or serve additional street lights at within two ( 2) years prior to the expiration of this Agreem which, however, in the aggregate do not equal or exceed twen number of street lights served by Company at the beginning o period, then and in that event Company may refuse to install street lights unless the gross revenue to be received during this agreement under the terms and provisions hereof will eq cost to Company of such installations. Company shall be deemed to have exercised its ele mailed a notice to that effect addressed City Clerk of City any time or from time to time ant or any extension hereof, ty ( 20) percentum of the f the said two ( 2 ) year and /or serve such additional the then remaining life of jal at least twice the total ,.tion when it shall have �f Sanford, Florida. Section S. 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 per- form any of the terms and conditions of this Agreement, Company , at its option, may refuse to make any additional installations under Article I Df this Agreement and /or cease to supply electric energy and services to Consumer her 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, thalt such refusal to make additional installations and /or discontinuance of the supply�ng of electric energy and services shall not be a breach of this Agreement by Company #or �ehall cancel any of the terms and conditions of this Agreement. Section 9. That this Agreement superseded all previous Agreements or repre- sentations, either written or verbal, heretofore in effect b tween Consumer and Company, made with respect to matters contained herein and, when duly executed, constitutes the Agreement between the parties hereto. Section 10. That this Agreem6ntshall inure to the benefit of and be binding upon the successors of Consumer and the successors and /or a�signs of Company . IN WITNESS WHEREOF, the parties hereto have herun be signed in triplicate by their duly authorized officers herunto affixed the day and year first above written. City of Witnesses for Consumer: BY Witnesses for Company: Approved as to form and correctness this 29th day of November , 1939 Attorney for City of Senford.Florida. APPLICATION: Attest: caused this instrument to their official seals to be anf ord, Florida. Mayor. City Clerk. FLORIDA POWER & LIGHT COMPANY By Attest: Ass er Secretary. RATE SCHEDULE NUMBER S -1. Electric beer�vice. INCANDESCENT STREET LIGHTING WOOD POLE BRACIET TYPE FIXTURE., Overhead System- Dusk to Dawn Service - Company Ownership. For lighting of public streets, alleys, thoroughfa es and public parks by in- candescent metallic filament lamps in overhead wood pole bra ket 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 existinig 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. 1 1 u 1 1 1 1 1 1 MINUTES CITY COMMISSION, SANFORD, FLORIDA, November 29 at 2 P M ANNUAL RATE: Series Lamps Nominal Candlepower of lamp so 100 2 o 4 boo 1000 Monthly Bill: Dusk to Dawn Service $16 15.50 2337.00 44.90 66.20 Multiple Lamps Rating in Watts loo 150 200 500 19 - 39 Dusk to Dawn Service $16. 0 17.40 is go 21.6o 26.90 2. ?o 42.90 64.00 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 authority in excess of those in effect Januayy 1, 1937, which are assessed on the basis of meters or customers of 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. RATE SCHEDULE NUMBER 8 -4 ELECTRIC SERVICE. INCANDESCENT STREET LIGHTING Dusk to Dawn Service - Consumer Ownership. APPLICATION: 213`1 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 Nominal Candlepower Dusk to Dawn of Lamp Service 60 $12.30 so 100 250 400 600 1000 Monthly Bill: 13.4o 14.50 23.00 Multiple Lamps Rating in Dusk to Dawn Watts Service 50 $12.30 60 13.40 76 14.90 100 17.6o 30.50 150 22.90 40.90 200 25.20 62.20 300 38.80 500 6o .0o 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 27.4. MINUTES CITY COMMISSION, SANFORD, FLORIDA, November _29 P M 19 39 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. NOMINAL CANDLE - POWER: For the purpose of billing under this rate schedule, the Nominal Candle -power is to be taken as the manufacturer's rat &ng of lamp in lumens divided by 10. TERM OF SERVICE: Not less than 10 years. B RATE OF SCHEDULE NUMBER S -6 ELECTRIC SERVICE. _ INCANDESCENT STREET LIGHTING Dusk to Midnight Service - Consum r Ownership. APPLICATION: For lighting of public streets, alley, thoroughfares and public parks by incandescent metallic filament lamps in systems installed, owned and mai tanied by Consumer. CHARACTER OF SERVICE: Single phase, approximately 60 cycles, from Company's a isting series or multiple system, at Companyle option. Service includes only energy, lamp renewals and patrol. LIMITATION OF SERVICE: Stand -by or resale service not permitted hereunder. ANNUAL RATE: Series Lamps Multi l Lamps Nominal Candle Dusk to Midnight Rating in Dusk to Midnight power of Lamp Service Watts Service. 60 $11.50 50 $11.30 so 12.30 60 12.10 100 13.20 75 13.40 250 19.90 100 15.50 400 25.90 150 19.80 600 34.20 200 24.o0 1000 51.10 300 32.50 500 49.50 Monthly Bill: One-twelfth of the amount computed at the Annual Rate inclu ing the following adjustment Adjustment: 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. 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 lume s divided by 10. TERM OF SERVICE. 0 Not lose than 10 years. 3. That this Rtsolution shall be and become effective immediately upon its passage and adoption. 1 rlI ICJ MINUTES CITY COMMISSION, SANFORD, FLORIDA, November 29 at 2 P M 19 39 PASSED AND ADOPTED at the City of Sanford, Florida, this 29th day of November 1939. Approved: Edward Higgins Mayor. ATTEST: H N Sayer City Clerk. ( Seal) Edward Higgins Mayor - Commissioner Walter S. Coleman G.E.Rollins M.J.Lodge H. James Gut City Commissioners of the ity of Sanford, Florida. On motion duly adopted, the Commission next agreed to appropriate sufficient funds in the 1940 -1941 budget for street lighting, as will be required under the terms of said Resolution No. 564. On motion of Commissioner Coleman, seconded by Commissioner Gut and carried, 21-5 the Commission next authorized the delivery of Refunding Bonds Series A. Numbers 4944 to 4965, both numbers inclusive, with coupons due Sept. 1, 1937, Mar. 1, 1939, Sept 1, 1930, Mar. 1, 1939 and Sept. 1, 1939 d6ta.ched, to C.J.Root through the Sanford Atlantic National Bank in exchange for bonds numbers 1/4 , Series of 1923, with coupons due Jan 1, 1931 and subsequent attached, and bonds numbers 5/11, 29/30. 54/56, 61/65 and 67/68 with coupons due July 1, 1930 and subsequent attached; also the payment to Mr. Root of $1,415.00 in ebttle- ment of past due unpaid interest on said bonds, series of 1923, and payment of $625.00 for the coupons detached from the Refunding Series A bonds Numbers 4944/4965. On motion duly adopted, the Commission next authorized access by the Clerk and City Attorney to safety deposit Box No.177 at the Sanford Atlantic National Bank for the purpose of securing theRef unding Series A bonds 'umbers 4944 thru 4968 deposited therein, to deliver to C.J.Root in the exchange of bonds as authorized above. Request next received from Mrs. T.J.Miller for the removal of two trees from the parkway in front of her home at 419 Magnolia Avenue, and on recommendation of Supt. Moughton, same was authorized. 0'u motion of Commissioner Coleman, seconded by Commissioner Lodge and carried the Commission next authorized the purchase from Walter L.Cooper of ten Refunding Series A bond with coupons due March 1, 1940 and subsequent attached , at $255.00 per bond and interest. Further consideration next given to making improvements to the shuffleboard courts at the corner of Palmetto Ave. and Second Street. Thereupon after considerable discussion, the Commission authorized an expenditure not to exceed $200.00 for an extension to the existing building at the aforesaid shuffleboard courts. There being no further business the meeting adjouined. Mayor.