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011248-Regular SessionMINUTES !09 City Commission, Sanford, Florida,,.lanuax~ 12 a~.. 7:-30..P M ..19. 48 H-$9~96 The City Commission of theCity of Sanford, Florida, met in regular session at the City Hall in the City of Sanford, Florida, at ?:BO oclock P.M. January 12, 1948. Present: Commissioner Robert A.Willisms, Mayor " Andrew Carraway " Randall Chase " John Krider Sr. " Lea R Lesher City Attorney Fred R Wilson City Manager & Clerk H N Sayer Chief of Police R. G. Williams Nesting called to order by the Chairman. Current invoices and payrolls for month of December 1947 , properly audited and vouchered as evidenced by voucher Nos 1078 thru 1198, suOmitted, ~xamined, approved and payment authorized. Monthly reports of streets, sanitation, health, water, police, fire, airport and library departments for month of December 194~, submitted and examined. Financial statement and statement of revenues and expenditures during month of December, 1947 submitted and examined. Bank statements in all accounts for month of December 1947, properly reconciled submitted and examined. Mrs Blanche Takach next aopeared and made a further request for a reserved oarking space for her taxi-cab in the business section, preferably on east side of Park Avenue between First and Second Streets. Thereupon after careful consideration, Commissioner Chase moved that Mrs Takach be granted a temporary permit not to exceed 90 days to park her taxicab in the first space on nort~ side of Second Street next to the Florida Hotel. Seconded by,Commissioner Carraway and carriedover the dissenting vote of Commissioners Williams and L~sner. Mayor Williams next submitted the following nine-point policy recommendation for consideration and approval of the Commission, to be aahered to by the various departments of the City: I believe in order to secure the most for t~e tax payers dollar a thorough under- standing is necessary between the Commission, City Manager, Department Heads and all Employees. With the above in mind I would like for this Commission to express a willing- ness to exchange views with the Manager and Department Heads at any time. I believe when recommendations are made to the ~anager and Department Heads it should be made part of the Record, as I believe if the Employees know exactly what ou£ Policy le they will be able to work more efficiently. With the above in mind, and if the Commission agrees with me, I would like to make the following recommendations. If these recommendations are acceptable by the Commission they should become part of the Record. 1. This Commission will expect the City Manager and all Department Heads to carry out all their duties in an e~'ficient and courteous manner, realizing at all times that they are working for and being paid by the Public. 2. In the past there has been some dissention within certain Departments and also between certain Deoartments. In the future this Commission will not tol- erate such conditions. 3- This Commission will expect complete cooperation within each department, between each department, and between the City [~anager and all Deoartments. 4. All automotive equipment owned by the City is to be used for City purposes only and not for private use of Department Heads. 5. The City Manager should have signs painted on all automotive equipment "City of Sanford", also designating to which Department it Delongs. 6. Each Department head is to work wit~ the City Manager in keeping his Department within the Budget. MINUTES City Commission, Saniord, Florida, ..... ~.~[?~[._..~.~ at .P ~9 148 Manaser should have a private office. The Clerk ~ directed to keep the minutes of all Commission Meetings up date. This should be done not later than the day following each meeting. to 9. I believe this Commission should begin to give serious consideration to the idea of dividing the position of City ~anager and Clerk-Assessor. I believe a ~anager of a City the size of Sanford could easily devote his full time to this Job. However I would not recommend this be done until a full study of the matter is made. (~t}.~W~ · Robe~-t A illlams, Mayo~. Thereupon Commissioner Chase moved that the foregoing recommendations be approved and adopted, except Nos ? and 9, which will be acted upon at the next regular meeting. Seconded by Commissioner Carraway and carried. Communication next read from the War Assets Administration, Jacksonville, advising that the aviation gasoline stored in the underground tanks at the Sanford Naval Air Station is not being conveyed to the City with the tanks. The following bids were then submitted for purchasing and removing the approximately yO,O00 gallons of aviation gasoline Gulf 0il Corporation Citizens Oil Company stored in the twelve underground tanks at the .01 per gallon .12-1/lO per gallon airport: Thereupon Commissioner Carraway moved the acceptance of the bid of Citizens 0il Company, Tallahassee, Wlorida, for purchasing and removing the aforesaid gasoline at a price of .12-1/lO per gallon. Seconded by Commissioner Krider and carried. Thereupon after further consideration, it was felt that the City should secure permission from the proper Governmental Agency before removing this gasoline, and the City Manager was directed to obtain such permission before delivering it to the Citizens 0il Company. The proposed lease agreement with P..~LCampbell covering the garage bui%dlng No. ?6, at the airport was next submitted for consideration. Thereupon Commissioner Carraway moved its aoproval and that the Mayor and Clerk be authorized to execute same on behalf of the City upon receipt of deed of conveyance of the airport property from the War Assets Administration. Seconded by Commissioner Chase and carried. Said lease agreement ceing in words and figures as follows: LEASE THIS LEASE, Made and entered into in duplicate on the 15th day of January 194~, between CITY OF SANFORD, FLORIDA, a municipal corporation, hereinafter referred to as Lessor , and P M CAMPBEiL, of 0viedo, Florida, hereinafter referred to as Lessee, WITNESS ETH: That the Lessor, for and in consideration of the rentals agreed to be paid and covenants to be performed by the Lessee, has leased and let and by these presents does lease and let unto the Lessee the following described property, situated at what was formerly the Sanford Naval Air Station, in Seminole County, Florida, to-wit: BUILDING NO. 76 ( Frame Garage Building) and land contiguous thereto necessary to the maintenance and operation thereof, the land to be designated by Lessor. TO HAVE AND TO HOLD the above described property unto the Lessee for a period of two (2) years from the date hereof at and for a rental of THIRTY DOLLARS ($30.00) per month paya01e In advance, and subject to renewal at the expiration thereof upon such MINUTES days in the payment of any one of the aforesaid (30) days written notice mailed to the Lessee at its last known address, in the performance by the Lessee of any of the other covenants contained in this ~ase on its part to be oerformed shall work an immediate forfeiture of this lease and the Lessor shall have the right to enter upon said property the written consent of the Lessor. 8. Default for a period of ten (10) monthly rentals or default after thirty The Lessee has rented the above described property of and from the Lessor at and for the aforesaid rental of THIRTY DOLLARS ($30.00) per month payaOle in advance, the first months rental having been paid upon t~e execution and delivery of this lease, and a like rentsl to be paid on the 15th day of each and every calendar month after date hereof for and during said term , and which rental Lessee covenants and agrees to pay. T~e Lessor and the Lessee do further covenant and agree to and with each other as follows: 1. The Lessee has inspected said property and accepts the same in its present con- dition, and agrees to maintain and keep at its own expense aforesaid buildings in good condition and the grounds surrounding it in good condition and appearance, and in accord- ance with the requirements of Lessor and the Civil Aeronautics Administration. 2. In the event the above described premises ~all be damaged by fire or the elements ae to be untenantable, Lessor shall in its discretion determine whether the expense is too great to restore and repair said demised premises, and should Lessor determine not to repair said lease/premises, this lease shall cease and determine, and the rent shall abate from the time said demised premises became untenantable. In the event the demised property shall be so damaged by fire or the elements and Lessor determines to promptly repair the same, the rent shall be abated corresponding with the time and extent to which said property cannot be used by Lessee after damage occurred and before repair. 3. This lease and the Lessee shall be subject to the restrictions, terms and con- ditions of the Federal Government during the existence of any emergency declared Oy the President of the United States or t~e Congress thereof, and also subject to all con- ditions, covenants and restrictions embodied in title to said property. 4. The Lessee stall promptly pay all bills for utilties.service. 5. The Lessor shall have the right to enter the premises at any time during the term of this lease for the purpose of inspecting the property in order to determine whether the terms and conditions of this lease are being observed and carried out by the Lessee. 5. The Lessee shall, during the term of this lease, have the right to make alterations, attach fixtures and erect partitions and signs in and upon the premises, which fixtures, alterations or signs so olaced in or upon or attached to said premises shall be and remain the property of the Lessee and may ~e removed therefrom upon the termin~ tion of this lease, and the Lessee, if required by the Lessor, shall, upon the termination of this lease, restore the said premises to the same condition as that existing at the time of the Lessee's entering upon the same under this lease, reasonable and ordinary wear and tear and damage ~y the elements or by circumstances over which the Lessee has no control, excepted, provided, however, that if the Lessor requires such restoration the Lessee shall be given written notice thereof oy the Lessor at least thir%y days before the termination of~his lease. ?. The Lessee shall not assign the lease or sublet any of said property without MINUTES Ci~ Commission, Sanford, Florida,....._.Jan~te~y 12.a._t....1.;..3Q_..R...~L19 48 9. The Lessee shall surrender possession of ell of the aforessid property at the end of sold term or the earlier termination of this lease, unless this lease is renewed, in as good condition as the same now is, ordinary wear and tear and damage by the elements excepted. IN WITNESS WHEREOF, the Lessor has caused these presents to be executed in its name by its Nayor and attested and its official seal to be hereunto affixed by its City Clerk, and the Lessee has hereunto set his hand and seal on the day and yeor first above written. Signed, sealed and delivered in the presence of: CITY OF SANFORD, FLORIDA Mayor. Attest: City C1 erk. (SEAL) As to the Lessor As to the Lessee. Commissioner Lesher next introduced Resolution No. 726, and after being read in full by the Clerk, moved its passage and adoption. Seconded by Commiselone~ Carrawsy and carried by the following vote of the Commissioner Williams A~e " Csrraway Aye " Chase Aye " Krider Aye " Lesher Aye said Resolution No. 726 being in words and figures as follows: RESOLUTION NO. 726. APPROVING A STANDARD LARGE PO'~£R AGREEMENT BETWEEN THE CiTY OF SANFORD, FLORIDA, AND FLORIDA POWER & LIGHT CONPANY, PROVIDING FOR THE SUPPLYING BY THE C0~ANY ~D THE PURCHASING BY THE CITY OF ALL POWER AND ENERGY REQUIRED FOR AND IN CONNECTION WITH THE CITY'S SEWAGE DISPOSAL PLANT, AND SETTING OUT THE TEBN. S AND CONDITIONS UNDER WHICH THE FOREGOING SHALL BE EFFECTED; AUTHORIZING AND DIRECTING THE NAYOR AND THE CITY CLERK OF AND ON BEHALF OF THE CITY TO EXECUTE AND ENTER INTO THE SAID STANDARD LARGE PO~ER AGREE~ENT WITH FLORIDA POWER & LIGHT C~PANY. BE IT RESOLVED BY THE CITY CO%~ISSION OF THE CITY OF SANFORD, FLORIDA: 1. That the proposed Standard Large Power Agreement between the City and Florida Power & Li~lt Company, 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 behalf of the City, be and they are hereby authorized and directed to enter into with Florida Power & Light Company the said proposed Standard Large Power Agreement aDproved in Section 1 hereof, and hereinafter set forth in form as follows: STANDARD LARGE POWER AGREk~ENT THIS AGREE~ENT , made this 12th day of January 19~8 by and between City of Oanford, Florida, a municipal corporation ( hereinafter called the Customer) and FLORIDA POWER & LIGHT C©D?ANY, a corporation organized and existing under the laws of the State of Floxi- da ( hereinafter called the Company.) WITNESSETH: Commission: H-89796 MINUTES Ci~ Commission, Sanford, Florida, ..Jan 12 at .?.:30 P_M ...... 19.~8 !13 hereto to the other, and of the covenants and agreements herein set forth, the parties ~ereto covenant and agree as follows: 1. That the Company shall supply and the Customer shall receive and pay for all power and energy required for and in connection with the Customer's Sewage Disposal Plant located at Municipal Airport, Sanford, Florida in accordance with the terms and conditions of the Company's attached Rate Schedule WP marked Exhibit "A" and made a part hereof 1-A see attached hereto. 2. That the minimum quantity of power contracted for hereunder and to be received and paid for by the Customer shall be 5 Kw of Demand. 3. That the point of delivery for the electric power and energy delivered hereunder shall be where the wires or apparatus of ~he Company are connected with those of the Customer. 4. That the electric power and energy delivered hereunder shall be of the character commonly known as alternating current of approximately 115/23© volts and approximately sixty cycles 3 phase and 4 wire, and shall be metered at 115/23© volts. 5 That all payments shall be made at the Company's office in Sanford, Florida. 6 That the term of this Agreement shall be for five (5) years from January 16,1948, and s~all extend for a further period or periods of five (5) years i'rom the termination of said period of five (5) years or any extension thereof, unless Oy written notice given by either party to the other not more than ninety (90) nor less t~an thirty (30) days before the date of termination of the said five (5) years or any extension thereof either party shall have signified its desire to terminate this Agreement. ?. That if, during the term of'this Agreement, the Company makes effective any other Rate Schedule applicable to the class of service rendered hereunder which would result in a net annual bill to Customer equal to or lower than Customer's net annual bill based on Customer's bills ending on the last meter reading d~te prior to the effective date of such other Rate Schedule, then the Company shall notify Customer in writing of such other Rate Schedule and shall deliver to Customer with the said notice a copy of~uch other'Rate Schedule, and such other Rate Schedule shall be automatically substituted for the Rate Schedule now a part of this Agreement, unless Customer notifies the Company in writing within thirty (30) days from the receipt of Company's notice, that Customer objects to such sub- stitution and, if there is no objection, beginning with the first billing period thereafter, Customer shall be billed and pay the Company in accordance with the terms and conditions of such substituted Rate Schedule. 8. That it is mutually agreed, should the Oustomer fail at any time or Irom time to time, to make payment as provided for herein for the power and energy furnished hereunder or other- wise fail to perform any of the terms and conditions of this Agreement, that the Company, at its option, may cease to supply power and energy to the Customer hereunder, it being understood and agreed, however, %hat such discontinuance of the supplying of power and energy by the Company shall not be a breach of this Agreement by the Company nor shall cancel any of the terms and conditions of this Agreement. 9. That this Agreement supersedes all previous agreements or representations, either written or v~rbal, heretofore in effect between the Company and the Customer, made with respect to matters herein contained, and when duly executed, constitutes the Agreement between the parties hereto. lC. That tl~is Agreement shall inure to the benefit of and be blnding upon the respective heirs, legal representatives, successors and assigns of the parties hereto, but the Customer shall not assign this Agreement without first having obtained the written consent MINUTES City Commission, Sanford, Florida,........~.f~.~u~ry. ~ ~t ~!~ ? N_19 68 IN WITNESS .WHEREOF, the parties hereto have caused this Agreement to be duly executed in triplicate the day and year first above written. Witnesses for the Customer: CITY OF 8ANFORD, FLORIDA (SEAL) by Title: ~,ayor. Attest: Witness for the Company: Title: City Clerk. FLORIDA POWER & LIGHT CO~,~ANY By. Attest: Manager Assistant Secretary * 1-A from the That the Excess On-Peak Demands to be used for billing~during the first 12 months effective date hereof, shell be derived from the following assumed values: Highest Demand based on present operations expected to be established between 5 and 9 p.m. of the winter months from December i to l{ar 31 (excluding Sundays,Christmas and New Y~ar's) 0 kw Average of three highest Demands based on present operations expected to be established during the summer months from April i to Nov 30 and that within 6 kw Twenty per cent of this Average 1.2 kw Excess On-Peak Demand ( Line i minus Line 3) 0 kw 3© days from the first anniversary date hereof Company will recalculate bills rendered hereunder on the basis of actual operating data then availa01e for t~e said 12 m months,and will submit such recalculated bills to Customer, together with a refund or bill for the net difference Oetween the said original bills and the said recalculated bills. After the first anniversary date hereof, billing will be based upon the Excess On-Peak Demand determined from actual operating data. EXMIBIT "A" RATE SCHEDULE WP WATER PUMPING AND SEWAGE DISoOSAL SERVICE - ELECTRIC. APPLICATION: For power service for water pumping and sewage dlsoossl operations. The use of energy for lighting purposes within and about the buildings, structures and premises housing or enclosing tke power driven and operated machinery and equipment used in or in connection with such water pumping and sewage disposal operations and incidental to the use of power supplied hereudder for such purposes is permissible under this schedule. For such lighting use, Customer will provide and maintain all transformers and auxiliary appurtenances. CHARACTER OF SERVICE: Single or three phase, 60 cycles and at any available standard voltage. LIMITATION OF SERVICE: All service required on premises by Customer shall be furnished t~rough one meter. Stand-by or resale service not permitted hereunder. NONTHLY RATE: $1.50 per kw for the first 400 kw of Demand. $1.00 per kw for all additional kw of Demand 2.001 per kwh for the first 2,000 kwh 1.25~ per kwh for the next 8,000 kwh 1.O0~ per kwh for the next 30,000 kwh MINUTES City Commission, Sanford, Florida, Ja~.12 .at ?.:3~ P~ .... 19 . 4~ For each kw of the highest Excess On-Peak Demand established during the 12 months ending with the current month add to the 2.0~block; 1OO kwh per kw. for the first 50 kw, 80 kwh per kw for the next 1OO kw, and 70 kwh per kw for all additional kw. Adjustments: First- ~lnus or plus .01~3~ Der kwh used for each 16 below 124 or above 1~ , respectively, in Company's cost per million British~ermal Units of fuel. For this purpose there shall be employed the weighted average delivered cost ( including freight, storage and handling coats) 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 thcs in effect January 1, 1937, wnlch 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 energJ generatec or purchased for sale or sold. Minimum: $1.50 per kw of the highest Demand establlsaed during the 12 months ending with the current month, but not more than an amount sufficient to make the total charges for such 12 months equal to $20.00 per kw of much Deman~ and not less than the charge for the currently effective Demand. DE~AND: The kw as determined from Company's demand meter for the 15 minute period of Customer's adjusted for power factor, but not less than 5 kw. greatest use during the month, ON-PEAK DE~{AND: The kw as determined from Company's demand meter for the 15 minute period of Customer's greatest use during the On-Peak Mours of the current month, adjusted for power factor. The On-Peak Hours shall be 1'rom 5 to 9 P.M. each day, excluding Sundays,Christmas and New Year's 1'rom December I to ~arch 31 inclusive. Company reserves the right to change the monthly and hourly periods after giving 30 days notice, but the On-Peak Hours of each day shall always be consecutive. EXCESS ON-PEAK D~AND: The number of kw by which the On-Peak Dema~exceeds 20~ of the average of the three highest Demands determined during the next preceding calendar months of April to November inclusive. The Excess On-Peak Demand effective for each month of the first contract year will be mutually agreed upon by Company and Customer, available. PO'~ER FACTOR: and used mntil actual operating data are If Customer's power factor shall average less than 85~ lagging during any month, then Company may adjust the readings taken to determine the Demand by multiplying the kw obtained through such readings by 85 and by dividing the result by the average power factor actually established during the current month. Such adjusted readings shall be used in determining the Demand. TERI~ OF SERVICE: Not less than one year. In the event this schedule is a part of an agreement for a term of less than 5 years , 5~ shall be added to the amount computed under the adore Monthly Rate, before Adjustments, and to the above Minimum. 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 MINUTES City Commission, Sanford, Florida, "General Rules and Regulations for Electric Service" is attached hereto.. In case of conflict between any provlslon of this schedule and said "General Rules and Regulations for Electric Service" the provision of this schedule shall apply. Be it FURTHER RESOLVED that %his Resolution shall be and become upon its passage and adoption. PASSED AND ADOPTED this 12 day of January ,1948. Attest: H N Sa~ver City Clerk. effective immediately ~obert A Williams John Krider Randall Chase Andrew Carrawa~ Lea R. Lesher As the City Commission of the City of Sanford, Florida. the Commissioner Lesher next introduced Resolution No. 727,and after being read in full by Clerk,moved its passage and adoption. Seconded by Commissioner Carraway and carried by the following vote of the Commission: Commissioner Williams Aye " Carraway Aye " Chase Aye " Lesher Aye " Krider Aye 0eing in words and figures as follows: RESOLUTION NO. 727 said Resolution No. y2y APPROVING A STANDARD LARGE POWER AGREENENT BETWEEN THE CITY OF SANFORD, FLORIDA, AND FLORIDA POWER & LIGHT CONPANY, PROVIDING FOR THE SUPPLYING BY THE COMPANY AND THE PURCHASING BY THE CITY OF ALL POWER AND ENERGY REQUIRED FOR AND IN CON- NECTION WITH THE CITY'S WATER P~D,~PING PLAiNT,AND SETTING OUT THE TEP~S AND CONDITIONS UNDER ~THICH THE FOREGOING SHALL BE EFFECTED; AUTHORIZING AND DIRECTING THE ~AYOR AND THE CITY CLERK OF AND ON BEHALF OF THM CITY TO EXECUTE AND ENTER INTO THE SAID STANDARD LARGE POIVER AGREemENT WITH FLORIDA PO~VER & LIGHT C~PANY. BE IT RESOLVED BY THE CITY CO~;~ISSION OF ~HE CITv OF SANmORD, FLORIDA. 1.THAT the proposed Standard Large Power Agreement between the City and Florida Power & Light Company, set forth in form in Section 2 hereof, be and the same is hereby aooroved as to form and substance. 2 That the Mayor and the City Clerk of and on behalf of the City, be and they are here- by authorized and directed to enter into with Florida Power & Light Company the said pro- posed Standard Large Power Agreement approved in Section i hereof, and hereinafter set forth in form as follows: STANDARD LARGE POWE~ AGREEI~ENT This Agreement ,made this 12th day of January 1948 by and between City of Sanford, Florida, a municipal corporation ( hereinafter called the Cus%omer) and FLORIDA POWER & LIGHT COMPANY, a corporation organized and existing under the laws of the Stabs of Florida (hereinafter called the 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: 1. That the Company shall supply and the Customer shall receive and pay for all power and energy required for and in connection with the Customer's Water Pumping Plant located at Municipal Airport, Sanford, Floride, in accordance with the terms and conditions of the Company's attached Rate Schedule WP marked Exhibit "A" and made a part hereof l-A*( See H-89796 MINUTES City Commission, Sanford, Florida, 5anuar~ 12 .at. 7 :~0.. P.. _i~ 48 1-B That, notwithstanding the provisions of Section 1 hereof, Customer may operate his standby engine equipmmnt to supply power and energy required for and in connection with the water pumping plant during (a) "On-Peak Hours," as defined in the attached rate schedule and ~b) periods when Company's supply of power and energy is interrupted, or when any other emergency requires its operation. 1-C That notwithstanding the provision of the attached rste schedule, demsnds created by the operation of water pumpting equipment to provide water for recorded fires, for testing purposes, or i'ire fighting practice shall not be used for billing purposes, provided that the time of much test or practice has been previously agreed upon in writing by the Customer and the Company. 2. That the minimum quantity of p ~wer contracted for hereunder and to Oe received and paid for by the Customer shall be 5 kw of Demand. 3. That the point of delivery for the electric power and energy delivered hereunder shall be where the wires or appatratus of the Company are connected with those of the Customer. 4. That the electric power and energy delivered hereunder shall be of the character com- monly known as alternating current of approximately 120/208 volts and approximately sixty cycles 3 phase, and ~ wire, and shall be metered at 120/20~ volts. 5. That all payments shall be made at the Company's office in Sanford, Florida. 6. That the term of lthis Agreement shall be for five (5) years from January 16,194S and shall extend for a further period or oeriods of five (5) years from the termination of the said period of five (5) 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 termination of the said five (5) years or any extension thereof either party shall have signified its desire to terminate this Agreement. ?. That~lf, durlng the term of this Agreement the Company makes effective any other Rate Schedule applicable to the class of service rendered hereunder which would result in a net annual bill to Customer equal to or lower than Customer's net annual bill based on Customer's bills ending on the last mester reading date prior to the effective date of such other Rate Schedule, then the Company shall notify Customer in writing of ~uch other Rate Schedule and shall deliver to Customer with the said notice a copy of such other Rate schedule, and such other Rate Schedule shall be automatically substituted for the Rate Schedule now a part of this Agreement, unless Customer notifies the Company in writing within thirty (30) days from the receipt of Company's notice, that Customer objects to such substi- tution and, if there is no objection, beginning with the first billing period thereafter, Customer shall be billed and pay the Company in accordance with the terms and conditions of such substituted Rate Schedule. 8. That it is mutually agreed, should the Customer fail at any time or from time to time, to make payment as provided for herein for the pwoer and energy furnished hereunder or otherwise fail to perform any of the terms and conditions of ~this Agreement, that the Company at its option, may cease to supply power and energy to the Customer hereunder, it being under- stood and agreed, however, that ~ such discontinuance of ~he supplying of power and energy by the Company shall not Be a breach of this Agreement ~y the Company nor shall cancel any of the terms and conditions of ~hls Agreement. 9. That this Agreement supersedes all previous agreements or representations, either written or verbal, heretofore in effect between the Company and the Customer, made with respect to matters herein contained , and when duly executed, constitutes the Agreement between the bartles hereto. MINUTES City Commission, Sanford, Florida,...-.ffanua~...12. at_...7.:.~.O...t~_..M.._19 . 4~ heirs, legal representatives, successors and assigns of the parties hereto, but the Customer shall not assign this Agreement without first having obtained the written consent of the Company. IN WITNESS ~WHEREOM the parties hereto have caused this Agreement to b e duly executed in triplicate the day and year first above written. CITY OF S ANFORD , FLORIDA(Seal) Title: Nayor. Witnesses for the Customer: Attest: witnesses for the Company: Title: FLORIDA POWER & By City Clerk LIGHT COMPANY Attest: Manager Assistant Secretary * 1-A That the Excess On-Peak Demand, to be used for billing during the first 12 months from the effective date hereof, shall be aerlved from the following assumed values: 1. Highest Demand based on present operations expected to be established between 5 and 9 p.m. of the wlnter months from Dec. i to Narch 31 (excluding Sundays, Christmas and New Year's) 5 kw. 2.Average of three highest Demands based on present operations expected to be established during the summer months from April i to Nov 30 l0 kw 3. Twenty per cent of this Average 2 kw 4. Excess On-Peak Demand ( Line 1 minus line 3 3 kw and that within 30 days from the first anniversary date hereof Company will recalculate bills rendered hereunder on the basis of actual operating data then available for the said 12 months, and will su0mit such recalculated bills to Customer, together with a refund or bill for the net difference between the said original bills and the said recalculated bills. After the first anniversary date hereof, billing will be based upon the Excess On-Peak Demand determined from actual operating data. EXHIBIT "A" RATE SCHEDULE WP WATER PUNPING AND SEWAGE DISPOSAL SEBVICE - ELECTRIC APPLICATION' For power service for water pumping and sewage disposal operations. The use of energy for lighting purposes within and about the buildings, structures and premises housing or enclosing the power driven and operated machinery and equipment used in or in connection with such water pumping and sewage disposal operations and incidental to the use of power supplied hereunder for such purposes la permissible under this Schedule. For~uch lighting use, Customer will CHARACTER OF SERVICE: Single or three phase , 60 cycles and at any available standard voltage. LIMITATION OF SERVICE: All service required on premises by Customer shall be furnished through one meter. provide and maintain all transformers and auxiliary appurtenances. Stand-by or resale service not permitted hereunder. NONTHLY RATE: $1.50 per kw for the first 400 kw of Demand. ~1.00 Der kw for all additton~l kw of Demand MINUTES City Commission, Sanford, Florida, ~n ].~ ~ ~0 ..~.~ _19 . ~; 1.004 per kwh for the next ~0,000 kwh 0.80~ per kwh for thenext 40,000 kwh 0.604 per kwh for all additional kwh For each kw of ~the highest excess on-Peak Demand established during the 12 months ending with the current month, add to the 2.04 0lock; 100 kwh per kw ~or the first 50 kw, 80 kwh per kw for the next 100 kw, and ?0 kwh per kw for all additional kw. Adjustments: First- ~inus or plus .0183~ per kwh used for each 14 below 12¢ or above 184,respectiv~ly in Compan~s cost per million British lhermal 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~uring 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 l, 193~, which are assess- ed 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. Ninimum : $1.50 per kw. of.~the highest Demand estmblished during the 12 months ending with the current month, but not more than an amount sufficient to make the total charges for}such 12 months equal to $20.00 per kw of such Demand, an~ not less than the charge for the currently effective Demand. D~AND: The kw as determined from Company's demand meter for the 15 minute period of Custome~ s greatest use during the month, adjusted for power factor, but not less than 5 kw. ON-PEAK DENAND: The kw as determined from Company's demand meter for the 15-minute period of Customers' greatest use during the on-peak Hours of the current month, adjusted for power factor. The On-Peak Hours shall be from 5 to 9 p.m. each day, excluding Sundays, Christmas and New Year's , from December i to Parch 31 inclusive. Company reserves the right to change the monthly and hourly periods after giving 30 days" notice, but the On-Peak Hours of each day shall always be consecutive. EXCESS ON-PEAK D~AND: The number of kw by which the On-Peak Demand exceeds 20~ of the average of the three high- est Demands determined during the next preceding calendar months of April to November, inclusive The excess on-peak demand effective for each month of the first contract year will be mutually agreed upon by Company ~nd Customer, and used~nntil actual operating data are avail- able. POWER FACTOR: If Customer's power factor shall average less than 85% lagging during any month, then Company may adjust the readings taken to determine the Demand by multiplying the kw obtained through such readings by 85 and by dividing the result by the average power factor actually established ~during the current month. Such adjusted readings shall be used in determining the Demand. TERN OF SERVICE: Not less than one year. In the event this schedule is a part of an agreement for ~ term of ~ ss than 5 years, 5~o shall be added to the amount computed under the above ~onthly Rate, before Adjustments, and to the above ~inimum. RULES AND REGULATIONS: Service under this schedule is subject to orders of ~overnmental bodies havinm lurisdictlen MINUTES City Commission, Sanford, Florida,_._January._12__.~t _?..:.~.O...R.M.19 .~8 on file in Company's office, which are hereby made a part hereof. A copy of ithe present effective "General Rules and Regulations for Electric Service" is attached hereto. In case of conflict between any provisions of this schedule and said "General for Electric Service", the provision of this schedule shall apply. FLORIDA POWER & LIGHT COMPANY BE IT FURTHER RESOLVED that this R6solution shall be and become upon its passage and adoption. PASSED AND ADOPTED this 12 day of January, 1968. ATTEST: H.N.Sayer City Clerk. (SEAL) Rules and. Regulations effective immediately Robert A Williams John Krider ~andall Chase Andrew Carrawa~ Lea R.Lesher As the City Commission of the City of Sanford, Florida. The City Manager next submitted request of residents within vicinity of Locust Avenue and Fourteenth Street for installation of overhead street light at this intersection, together with cost estimate in amount of $52.00 for making such installation. Thereupon after considerable discussion, Commissioner Chase moved that the Florida Power & Light Company be au~mrlzed and directed to at the aforesaid intersection. Seconded by Commissioner Carraway and carried. install an overhead bracket light On motion duly carried, the Clerk was next authorized to invest$2,000.00 of the Firemen's Relief & Pension Fund in United States 2~o Series G bonds, subject to authoriza- tion of Board of Trustees of said Fund. On motion duly carried, the Clerk was next authorized to transfer $5,000.00 of Policemen's Pension Fund from Savings Account at Ssnford Atlantic National Bank , to Savings Deposit with First Federal Savings & Loan Association, subject to authorization of Board of Trustees of said Fund. Consideration next given to the matter of amending Ordinance No. 389, prohibiting the driver of a taxicab to drive any taxicab after a second conviction of violation of any traI'fic ordinance, so as to aoply to driving any motor vehicle and also to provide for reinstatement by the Commission after the driver~ oermit has been revoked for one year. Thereupon the City Attorney was directed to prepare such ordinance for consideration of the Commission. Further request nest received from Ollie B.Woods, colored, for re-instatement of his taxicab driver's permit that was revoked by the Municipal Court under date of Feb. 20,1947, for second conviction of traffic violations, under the provisions of Ordinance No. 389. Thereupon after careful consideration and on recommendation of Chief of Police Williams, Commissioner Carraway moves that Ollle B.Woode' taxicab driver's permit Oe reinstated on probation. Seconded by Commissioner Chase and carried. Chief of Police Williams next reported on type of tralflc signal light installed at intersection of Park Ave and Seminole recommended to be Boulevard, as a result of survey made MINUTES H-89796 City Commission, Sanford, Florida,. ~r~9~;y.. l~ ~....~.!~0 .~..~19 48 Eaglelux $42E adjustable 2-light t-way suspension signal equipped with 2 amber lenses mounted at 90 degrees apart, 2 green lenses directly below amber lenses,with red and green lenses on each of other two faces, together with Eaglelux EP4 Flasher for operating same. The total cost of complete signal light being $256.00. Thereupon after considerable discussion, Commissioner Chase moved the purchase of the above described traffic signal light from Sanford Electric Contr~ctlng Company at a price of $256.00, for installation at the aforesaid street intersection. Seconded by Commissioner Krider and carried. Chief of Police Williams next reported on investigation of request of Jack Kanner for "Loading Space" in front of his store at 215 Sanford Avenue, and recommended that same be granted. Thereupon Commissioner Chase moved that the afores~id request be granted and that the parking meter at said location be installed within same block. Seconded by Commissioner Krider and carried. Consideration was next given to the matter of appointing the Electrical and Plumbing Board for the ensuing year, and after considerable discussion, action was deferred, pending further consideration. Consideration was next given to the matter of employing Appraisal Engineers to re- valuate all the property within the City in order to better equalize t~he assessments for taxable pn~poses. Thereupon after considerable discussion, the City .~anager was directed to invite at least three Appraisal Engineering firms to make a survey of the property and submit proposals to the Commission for consideration. Request next received from Herbert Prevatt, lessee of the concession etand at the Zoo, to assign his lease agreement to M. lss Eula NcClelland, effective as of January l, 1948, and on motion duly carried, same was approved. Offer next received from V.G. Hasty to lease the City's farm land for spring season ending June 30,194~, at price of $?5.00 , and on motion of Commissioner Lesher, seconded by Commissioner Carraway and carried same was accepted. Said property being described as Lots 2, ~ and $ of Block X, St. Gertrude Addition. Offer next received from ~,~.J. Lodge & Sons to lease thecold storage plant at the air- port for term of three years at a rental of $1,500.00 per year, and same was declined. Communication next read from Roy H Browning advising of agreement on the airport facilities, e~'fective May 20,1948, Application next received from Willie Wallace, colored, termination of his lease and same was ordered filed. for transfer of his taxicab permit and license to Elmer Brookens, colored, who has offered to purchase his taxicab business. Pre On motion duly adopted, Fire Chief Cleveland was next authorized to attend the Stete Fire vention Conference to be held in Orlsndo on January 19-20, the expenses in connection therewith to be borne by the City. There being no further business Attest: ~. ~ City ~le~ Af~r':o~derable discussion, the meeting adjourned. Mayor. and !n view of ~he number of applications already on file