HomeMy WebLinkAboutMinutes Council 090861CITY OF PALM BEACH GARDENS
SPECIAL MEETING OF THE CITY COUNCIL SEPTEMBER 8, 1961
SPECIAL Upon call of the Vice Mayor acting as Mayor, a special meeting
MEETING:
of the City Council of Palm Beach Gardens was held at 10 :00 o'clock
A. M. on Friday, September 8, 1961 at the municipal office of said city,
1001 Park Avenue, Lake Park, Florida.
PURPOSE The purpose of the meeting was to accept the resignation of Herbert
OF
MEETING: B. Thompson, as Mayor and as Councilman in Group 3; the resignation
of Norman D. Rowland as City Clerk, (however Mr. Rowland will re-
tain his position as Vice Mayor and Councilman in Group 5, and is now
acting in those capacities); and the appointment of William L. Cargill
as City Clerk and also as Councilman in Group 3. This meeting was also
called to pass upon a municipal lighting agreement with the Florida Light
and Power Company.
WAIVER Waiver of Notice and Ratification is attached to these minutes.
OF
NOTICE•
ACCEPTANCE The Vice Mayor, acting as Mayor, called the meeting to order
OF
RESIGNATIONS: and upon Resolution, seconded and unanimously adopted the
Resignation of Mr. Herbert B. Thompson, as Mayor of the City
of Palm Beach Gardens and as Councilman in Group 3, was received and
accepted, and the resignation of Mr. Norman D. Rowland as City Clerk was
received and accepted.
_APPOINTMENT Upon Resolution, seconded and unanimously adopted, William L.
OF
COUNCILKkN Cargill was appointed Councilman in Group 3, as set forth in
IN GROUP 3.
the Charter, and was also appointed City Clerk.
OATH OF The Oath of Office of William L. Cargill, as Councilman and
M OFFICE
City Clerk is attached hereto.
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AUTHORIZA- Upon Resolution, seconded and unanimously adopted the Council
TION FOR
STREET approved an authorization to enter into a municipal lighting
LIGHTING
agreement between the City and the Florida Light and Power
Company, a Florida corporation, a copy of which is attached
hereto and incorporated herein by reference, and authorized the City Clerk
and Vice Mayor, acting as Mayor, to execute such an agreement.
There being no further business the meeting adjourned.
ATTEST: 0 Dip
'0", Am
WILLIAM L. CARGILL,—=WCLERK
,ACTING AS MAYOR
NORMAN ROWLAM
- ; -'71'� , Im /
02
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HORACE S. MILLER
*CHARLES A. CUNNINGHAM
C O U N C I L
*This member failed to take oath of office
40
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of
CITY OF PALM BEACH GARDENS
CITY COUNCIL
WAIVER OF NOTICE AND RATIFICATION OF MINUTES
The undersigned, being members of the City Council of the City of
PALM BEACH GARDENS, do hereby waive Notice of the holding of the Special
Meeting of said City Council, at 10:00 o'clock A. M., Friday, September 8,
1961 in Lake Park, Florida; and ratify the Minutes thereof, to which this
Waiver is attached.
September 8, 1961
HORACE S. MILLER
CITY OF PALM BEACH GARDENS
OATH OF OFFICE
STATE OF FLORIDA ) "
: SS.
COUNTY OF PALM BEACH)
I do solemnly swear that I will support and protect and defend the
Constitution and government of the United States and of the State of Florida
against all enemies, domestic or foreign, and that I will bear true faith,
loyalty and allegiance to the same; and that I am entitled to hold office
under the Constitution of the United States and the Constitution and Laws
of the State of Florida, and that I will faithfully perform all the duties
of the office of Councilman and City Clerk of PALM BEACH GARDENS, FLORIDA,
upon which I am about to enter, so help me God.
STATE OF FLORIDA )
COUNTY OF PALM BEACH)
Before-me this day personally appeared WILLIAM L. CARGILL, who, being
first duly sworn, deposes and says that he will faithfully and impartially
execute the duties of Councilman and City Clerk according to the best of his
ability and understanding.
NORMAN D. ROWLAND
VICE MAYOR, ACTING AS MAYOR
DATED September Sth,
1961
}
September 8, 1961
City Council
City of Palm Beach Gardens
Palm Beach Gardens, Florida
Rea Statement of Interests
Gentlemen:
In accepting the position of City Councilman of the City
of Palm Beach Gardens, I wish that it be known that I am
an employee of Bankers Life and Casualty Co. As such, I
may be or become an officer or director of subsidiary cor-
porations owned or controlled by my employer which companies
may now or in the future be engaged in business transactions
with the City of Palm Beach Gardens.
Yours truly,
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'1. L. Cargill
liIUMCIPAL STREET LIGHTING AGRFYAW r
ro{ihr 1116 -A 11.57 yAOa 1412 P. O. NO. lasso
THIS AGREEMV7T made this ..day of— _ __ __ __ __ ______� 19_ 61 by and between
the_ City of —__— Palm Beach Gardens Florida,
a Municipal Corporation organized and existing under the laws of the State of Florida, and it, successors (hereafter called Customer), and
FLORIDA POWER fi? LIGHT COMPANY, a corporation organized and existing under the laws of the Stare of Florida, its successors
and/or assigns (hereafter 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 act forth, the parties hereto covenant and agree as follows:
ARTICLE 1.
COMPANY AGREES.
SitanoN 1. In so far as reasonable diligence will enable it to do so, to furnish electric energy and services to Customer for the street
lighting system within the corporate Limits of —_.__ _ Ci t_y _ of Palm Beach Gardens _ _ Florida,
in accordance with the terms and provisions hereof.
SaC ION 2. To install on Company's existing distribution poles within thirty (30) days after receipt of written notice from Cus-
tamer, evidenced by a letter frurn Customer's__. __ ____A;!ry__Clerk , under Customer's corporate seal,
setting forth that such installation has been duly authorized by Customer's governing body, overhead bracket street lights, and to connect
said street lights to Company's overhead street lighting circuits, now or hereafter installed inCity of Palm Beach Gardens 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 Customer, as herein provided, Customer agrees to reimburse Company for the
coat, in excess of 3U0 feet, of making such extension to its street lighting circuits.
SECTION 3. To serve Customer's "White Way" and /err 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 C:ustumer's underground cable connecting together street lights forming Customer's "White Way'
street lighting system no constructed by said Customer, provided, however, that in the event it shall be necessary for Company to extend
its street lightin4 cticuits T„ir than 100 feet in order to reach such point of connection. Customer agrees to reimburse Company for the
cost, in excess o 300 feet, of making such extenmoi, to its overhead street lighting circuits.
SUCTioN 4 7o chaiige the location of any stiert light in use or to substitute for any street light in use at one location any other
suset light of the aaii,c type Arid owner,liip, and of the siuic or greater rating in lumens, candlepower or wattage, not in use at any other
location, spun payment by the Customer of the cost Of such change or substitution and upon thirty (30) days' written notice from the Cus-
tomer evidenced by letter from Customer's_.._ Ci ty Clvx- cam under Customer's corporate seal, setting forth
that such change in location err substitution of street light has been duly authorized by Customer's governing body.
ARTICLE U.
CUSTOMER A(:ltM:
SaeT1uN t To putchase from C iumpany all electric energy and services necessary for the operation of the street lighting system
within the corporate limits of (; 1tY uI Palm Reach Gardens 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 IIl'
hereof, pits that of all additional installations made by Company and/or Customer, under Article I of this Agreement.
SaC ION 2 To pay for all the energy and services furnished by Company at any business office or pay station of the Company, in
snaordance with the schedules attached hereto, made a part hereof and marked_Rate_ Schedule_ Number S-13
Sif XM" 3 To eonwrtttx, 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 symem 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
ptoperly 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 Customer to properly
construct, renew, repair and /or maintain said street lighting system in accordance with the provisions hereof.
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ARTICLE 1I1.
IS MUTUALLY AGREED:
SECTION 1. That the — _______.___PLQ- ^�6i1�.__._____ _- _. _street lighting system within the corporate limits of
-------- Palm_ B2$Ch_�i$rden�__ -- _ - -__ - -- Florida. _ _ ---- - -__ -- -_ -- _ _ __consists of
_ 2 20500 -lumen mercur�v_apor lights
supported on bracket type fixtures, owned by Company and
supported on "White Way" and /or other type of ornamental post or ornamental bracket fixt "rc<, owned by Company. and
supported on "White Way" and /or other type of ornamental post or ornamental bracket ttxtures, own. j om,
SECTION 2. That by "street lighting ", as used in this Agreement, is meant the lighting of street&, avenues, alleys. Parks, bridges, and
public places other than public buildings.
SECTION 3. That no liability to furnish or take service ,hall exist at any Lime 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 enure shut-down of service which.
in the opinion of Company, is necessary for the purpose of repairing or making inure efficient all or any part of its electrical generating
or other electrical equipment.
SECTION 4. That Company shall use reasonable diligericc to provide continuous nervier doling lighting hours, and. having used
reasonable diligence, shall not be liable for any outage.
SECTION 5. 'hat Company may substitute for any lamp installed other lamps of at IeaSt c.ival illuunuatiug capa.uy an,
efficiency as improvements in the art may make such lamps available, but no change shall he 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 lunicus. catidle power or wattage at the
written request of Customer, evidenced by a letter from Customers_ City C l g rk __. _ . under Customer'
corporate seal, setting forth that such request has been duly authorized by Customer's governing; bodv, in ..hich case the monthly bill or
bills thereafter rendered shall be correspondingly increased.
SECTION 6. That this Agreement shall be for a teen of ten (10) years from -_ --
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 rerm-
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.
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—2=
Sz=ox 7. That should Customer fad at any time or from time to time to pay for the electric energy and services furnished
hereunder or otherwise fail to rform any of the terms and condititions of this Agreement, Company, at its option, may refuse to make
any additional installations undo Article I of this Agreement and/or cease to supply electric energy and services to Customer here-
under until Customer 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 1e a breach of this Agreement by Company nor shall cancel any of the terms and conditions supplying Agreement.
SECTION B. That this Agreement supersedes all previous Agreements or representations, either written or verbal, heretofore in effect
between Customer and Company, made with respect to matters contained herein and, when duly executed, constitutes the Agreement be-
t the parties hereto.
SECrtoN 9. That this Agreement shall inure to the benefit of and be binding upon the successors of Customer and the sucoessors
and/or assigns of Company.
IN WITNESS WHEREOF, the parties hereto have hemnto caused due uuwuatcnt to be tsgned in triplicaa by their &Ay
authorised officers and their official seals to be hereunto affixed the day awd veer first above woften
Witnesses for Customer:
w6satt ss for Company:
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B
y Mayor
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city -ewvvs�
FLORIDA POWER & LIGHT COMPANY
Attest:
Approved as to form and correctness this day
of
.Naeer" bat - -- - —
19_
—3—
Manager
Secretary
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FOURTH REVISED TARIFF Page 24
Superseding THIRD REVISED TARIFF Page 24
Rate Schedule Number S-13
Electric Service
MERCURY VAPOR AND FLUORESCENT STREET LIGHTING
AVAILABLE:
In all territory served.
APPLICATION:
For lighting of public ways and areas by mercury vapor or fluorescent lamps.
TYPE OF INSTALLATION:
Company -owned fixtures normally will be mounted on poles of Company's existing distribution system and served
from overhead wires. On request of the Customer, the Company will provide special poles or underground wires at the
higher charges specified below.
CustomezLowned systems will be of a standard type and design, permitting service and lamp replacement at no ab.
normal cost to the Company.
SERVICE:
Service includes lamp renewals, patrol, energy from dusk each day until dawn the following day, and maintenance of
Company -owned street lighting systems. Energy will be supplied from Company's series or multiple system, at Com-
pany s option.
LIMITATION OF SERVICE:
Except at the option of the Company, :mercury vapor or fluorescent street lights shall not replace existing Company
owned street lights. Stand -by or resale service not permitted hereunder.
MONTHLY RATE:
Nominal Initial Rating Company -Owned Customer -Owned
MUT-y Vapor Fixture Fixture
7,000 lumens . i 3.20 S 2.00
11,000 lumens 4.60 .. 2.50
20:500 lumens 7.70 4.20
36,500 lumens _....... _ _ 12.30 7.30
55,000 lumens ....... _ .. 16.40 9.90
Fluorescent
21,800 lumens .. ... .............._.. 9.00 3.50
43,600 lumens .. ..._ .......... ........... ....................... 15.30 6.80
Added monthly charge for Company -owned facilities:
Underground conductors under parkway ... ... .... .... ...... ... ........... ... .................... _..... ...... ........ ..._. i 1.00 per fixture
Underground conductors under paving..._.. .. ... ....... .. _ .............................. _. .... ...... _............ . 2.25 per fixture
These charges contemplate a spacing of 100 feet between fixtures as measured along the same side of the
street. When the spacing varies from this distance, the charges shall be adjusted accordingly. The spacing
upon which the charges are based shall be determined from Company records.
Creosoted wood pole used only for the street lighting system ..................: ................ =.16.2/3
Steel or concrete pole used only for the street lighting system ....................................................... .............................75
(Other types of pole may be used provided Customer agrees to pay for the additional installation, operation
and maintenance costs.)
Fuel Adjustment: Minus or plus .0020 (2/100 mill) per kwh used, as determined from the calculated average
kwh per lamp for each whole one cent below or above =1.40 in Company's coat per 42 - gallon barrel of fuel
oil. Such cost shall be the weighted average cost, delivered into storage facilities at Company's power plants, as shown
by Company's books, of all fuel oil used during the second preceding month. When natural gas is used for fuel, 6,600
cubic feet of gas as measured and billed at the power plants shall be considered the equivalent of one barrel of fuel
oil. Should fuels other than oil and gas be used for as much as 20%'a of Company's total requirements, an appropriate
conversion clause will be filed with the Florida Railroad and Public Utilities Commission and will become effective
when permitted by the Commission.
Commodity Adjustment: Minus or plus 1/5 of 1% of the rate before fuel adjustment for each whole index point de.
crease below 120 or increase above 130 in the Monthly Wholesale Price Index of "Commodities other than Farm
Products and Foods," based on 1947.49 =100, as first published by the United States Department of Labor for the second
preceding month. (This Index shall be adjusted to a base of 1947.49 =100 if any other base should be used by the
United States Department of Labor.)
Tax Adjustment: Plus the applicable proportionate par of any taxes said assessments imposed by any governumentid
authority in excess of those in effect January 1, 1957, 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 ten years.
FLORIDA POWER & LIGHT COMPANY Filed: February 1. 1 %1
ELECTRIC TARIFF Effective: March 13, 1961
FOURTH REVISED TARIFF Page 24
Superseding THIRD REVISED TARIFF Page 24
Rate Schedule Number S -13
Electric Service
MERCURY VAPOR AND FLUORESCENT STREET LIGHTING
AVAILABLE:
In all territory served.
APPLICATION:
For lighting of public ways and areas by mercury vapor or fluorescent lamps.
TYPE OF INSTALLATION:
Company -owned fixtures normally will be mounted on poles of Company's existing distribution system and served
from overhead wires. On request of the Customer, the Company will provide special poles or underground wires at the
higher charges specified below.
Customer -owned systems will be of a standard type and design, permitting service and lamp replacement at no ab.
normal cost to the Company.
SERVICE:
Service includes lamp renewals, patrol, energy from dusk each day until dawn the following day, and maintenance of
Company -owned street lighting systems. Energy will be supplied from Company's series or multiple system, at Com-
pany's option.
LIMITATION OF SERVICE:
Except at the option of the Company, mercury vapor or fluorescent street lights shall not replace existing Company.
owned street lights. Stand-by or resale service not permitted hereunder.
MONTHLY RATE:
Nominal Initial Rating
Company -Owned
Customer -Owned
Mercury Vapor
Fixture
Fixture.
7,000 lumens .. ..... . . . . .. ................. . ..
$ 3.20
$ 2.00
11,000 lumens ---- _ ........... ------------- ---- --- -- - - - - - -- - -- ------ ...------- ---- - - -- ---- --- - --
- --- ----- ------ -- 4.60
2.50
20,500 lumens....- ... .. ......_... ....... ................................. .-... -... -
---- --- ----- - - - - -- L- 7.7.0 `'.:,
4.20
36,500 lumens -------------------------------------------------------------------------- -....... --------------------------------
12.30
7.30
55,000 lumens .... ... ......... .. ._......-- - - - - -- ----...-------- -- ------ ---- --- -- -- - - -- ----------------------------
------ 16.40
9.90
Fluorescent
21,800 lumens --- --- ------- -•--- - -............ - ---- --- --- --- ---- -- ................ -- -- ... - ....-
.. -- -- - - - - - - -- 9.00
3.50
43,600 lumens -------------- _ ........ ...........................................................................
--- --_.- 15.30
6.80
Added monthly charge for Company -owned facilities:
Underground conductors under parkway .......... .. ............ ............... .................-- ...... $ 1.00 per fixture
Underground conductors under paving ................................................................................. .................. ....... . . .. .. 2.25 per fixture
These charges contemplate a spacing of 100 feet between fixtures as measured along the same side of the
street. When the spacing varies from this distance, the charges shall be adjusted accordingly. The spacing
upon which the charges are based shall be determined from Company records.
Creosoted wood pole used only for the street lighting system ................................................ ................ ............. .. .$.16.2/3
Steel or concrete pole used only for the street lighting system ........................................................ .............................75
(Other types of pole may be used provided Customer agrees to pay for the additional installation, operation
and maintenance costs.)
Fuel Adjustment: Minus or plus .002(,' (2/100 mill) per kwh used, as determined from the calculated average
kwh per lamp for each whole one cent below of above $1.40 in Company's cost per 42 -gallon barrel of fuel
oil. Such cost shall be the weighted average cost, delivered into storage facilities at Company's power plants, as shown
by Company's books, of all fuel oil used during the second preceding month. When natural gas is used for fuel, 6,600
cubic feet of gas as measured and billed at the power plants shall be considered the equivalent of one barrel of fuel
oil. Should fuels other than oil and gas be used for as much as 20%'0 of Company's total requirements, an appropriate
conversion clause will be filed with the Florida Railroad and Public Utilities Commission and will become effective
when permitted by the Commission.
Commodity Adjustment: Minus or plus 1/5 of 1% of the rate before fuel adjustment for each whole index point de.
crease below 120 or increase above 130 in the Monthly Wholesale Price Index of "Commodities other than Farm
Products and Foods," based on 1947.49 =100, as first published by the United States Department of Labor for the second
preceding month. (This Index shall be adjusted to a base of 1947.49 =100 if any other base should be used by the
United States Department of Labor.)
Tax Adjustment: Plus the applicable proportionate part of any taxes and assessments imposed by any governmental
authority in excess of those in effect January 1, 1957, 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 ten years.
�II
FLORIDA POWER R LIGHT COMPANY Filed: February 1, 1961
ELECTRIC TARIFF Effective: March 13, 1961
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