Florida Power & Light - 1RES OL~rT I 0 N
APPROVING A PROPOSED LETTER AGREEMENT WITH
FLORIDA POV,~R & LIGHT COMPANY PROVIDING FOR
THE Ai~?ENDMENT OF THAT CERTAIN STREET LIGHT-
lNG AGREE~,~!ENT NOW IN EFFECT BETV~Th~N THE TOF~N
AND SAID COMPANY DATED MARCH 2, 1936; AND
PROVIDING FOR THE SUBSTITUTION IN SAID STREET
LIGHTING AGREE~IENT OF NEW RATE SCHEDULES FOR
.AND IN LIEU OF THE RATE SCHEDULES CONTAINED IN
q~E SAID STREET LIGHTING AGREE~,~ENT: AND PROVIDING
FOR THE CANCELATION OF THOSE CERT/\IN SUPPLEMENTAL
LETTER AGREE~ENTS BET~,VEEN THE, TOWN AND SAID COM-
PANY DATED APRIL ,~, IgZI, JA?~'UARY 1, 1~35, AND
D~.'BE~ 15, 1936, RESPECTIVELY; AND FURTHFH~
PROVIDING FOR THE RESTORATION TO SE}VICE OF
CERTAIN ~-~ITE WAY AND OV~HEAD BR~CHET TYPE
STREET LIGHTS: ~ND SETTING OUT THE TERMS AND
CONDITIONS UNDER V£HICH THE FOREGOING SHALL BE
EFFECT; AUTHORIZING AND DIRECTING TR~E MAYOR
AND THE TO~N CLERK OF AND ON BEHALF OF THE TOVfN
TO EXECUTE AND ENTER INTO THE SAID LETTER AGREE-
MENT WITH FLORIDA POWER & L!qHT COMPAt~f.
BE IT RESOLVED BY THE TO~..VN CO?'$IISSION OF THE TOWN OF
BOYNTON, FLORIDA: /
1. Tb~t the proposed Letter Agreement between the
Town of Boynton and Florida Power ~ Light Company, which
is hereinafter set forth in form in Section ~ hereof, be and
the same is hereby approved as to form and substance.
2. That the Mayor and the Town Clerk of and on
be~],f of the Town of Boynton be and they are hereby auth-
orized and direSted to execute and enter into with Florida
Power & Light Company the said Letter Agreement approved in
Section 1 hereof, and hereinafter set forth in form as follows:
1937
To the Town of
Boynton, Florida.
Gentlemen:
This relates to that certain Street Lighting Agree-
ment between us dated March~2, 1926, and to all supplementary
and supplemental Agreements thereto, including those certain
supplemental Letter Agreemente dated April V, 1931, January l,
1935, and December 15, 1936, respectively.
In view of the fact that we have recently bought
you White Way Street Lighting System, which necessitates
amending the Street Lighting Agreement to pro~ide for
Company owned ~q~ite V~ay street li~hting, and in order to
place into effect new street lighting rate schedules in the
said Street Li~Thting Agreement, which schedules will supersede
the arrangements set forth in the said supplemental Letter
Agreements' dated April V~ 1931, January 1, 1935, and December
15, 1936, we hereby agree, at your request, that as of the
1st day of October, 193V, the said Street Lightinf~ Agreement
be and the same is hereby amended in the following respects:
1. That the said Street Lighting Agreement shall
be amended by the substitutin~ of the following
Section (~) of Article I for and in lieu of Section
(~) of Article I of the said Street Li,~h~ing Agree-
ment, so that as amended Section (~) of Article I
of the said S~reet~Lighting Agreement shall read
as follows:
"(~) To install within ninety (90) days
after receipt of written notice from the
Consumer, 'White Way' or other type of
ornamental post or ornamental bracket street
lights of a type mutually satisfactory, said
li.~hts to be spaced not further than 200 feet
argot meas~ along the same side of the
street, and connect said street lights to
Company's overhead or underground street
lighting circuits, and to maintain, renew,
repair and clean all said street lights,
provide~, however, that in the event it
shall be necemsary for the Company to ex-
tend its street lighting circuits more than
~00 feet in or,er to reach any additional
'~ite Way' or other type of ornamental
post, or ornamental street light ordered
by the Consumer as herein provided,
Consumer agrees to reimburse the Company
for the cost, in excess of ~00 feet, of
making ~ch extension to its street light-
ing circuits, including the c~st of poles.'~
2. That the said Street Lighting Agreement shall
be amended by striking and deleting therefrom
Sections (3) and (~) of Article II. However, all
other Sections under said Article II shall remain
in full force and eff~ct.
$. That the new Street Lighting Rate Schedules
Numbered S-1 and S-2-A, attached hereto and nmde a
part hereof, shall be substituted in and as a
part of the said Street Lighting Agreement eot
and in lieu of Sched~les ~! and #~, now a part
of the said Street L~zht~n~ Agreement between us
in £he following manner:
Rate Schedule Numbered S-1 for Schedule #1
Rate Schedule Numbered S-2-A for Rate $ched~le
It is understood and agreed that the said Supplemental
Letter Agreements dated April V, 1931, and December 15, 1936,
shall be cancelled and terminated as of the date of such sub-
stitution of the new Street Lighting Rate Schedules as set
forth in the above paragraph and, further, that as of the date
of such substitution all of the said Supplemental Letter
Agreement dated Januar~ l, 1935. except that portion in the
third paragraph of page two which reads as follc~ s:
"and that the term of the said Municipal Street
Lighting Agreement dated March 2, 1926, as ex-
tended by the Su~plementary AMreements, shall be
extended for a further and additional term of
three (3) years and seven (V) months."
shall be cancelled an~ terminated.
It is further understood and agreed that upon the
cancellation and termination of the said supplemental Letter
Agreements dated January 1, 19~, and December 18, 19S~, re-
spectively, that those certain five (8) 1OO Candlepower White
Way Undergr,~und, ANA, Company owned street lights, an~ those
certain t~o (2) 100 Candlepower 0~erhead Bracket, ANA, Com~
party owned street lights (which street li~whts are now bein~
operated at no additional cost to the Town, ~n accordance
with the provisions of the said Letter Agreements dated
January 1, 19Z8, and December 18, 19~8,) shall then be op-
erated under the terms an~i provisions of the said ~unicioal
~treet Lightin~ Agreement, for which operation you will pay
us in accordance with the terrain and provisions of the said
Street Lighting Agreement.
At your request, and in order to provide additional
street lightin~ service, we hereby agree as of the 1st day
of October, 19~. to restore the sera.ice, and thereafter
serve ~nder the said Street Lighting Agreement, one (1) (100)
CP ~a~te Way Underground, A~A, Company owned street lights
and seven (~) (100) CP Overhead Bracket Type, ANA, Company
owned street lights, which street lights are more particular.~
described as to number, candlepowe~ t~oe, location, owner-
ship, and b~rnin~ schedule in the schedule attached herete~
marked Exhibit "~"
, and made a oart hereof.
It is understood an~ agreea~ that after the restoration
of service as provided in this Letter Agreement, there shall
be in operation those street lights described as to number,
can~'~lepower, type, ownership and burning sched~le in the schedule
attached marke~ Exhibit "D'~ an~ ~de a ~art hereof, for which
street lights we will bill you and yo~ will oay us~in accord-
ance with the terms and provisions of the said Street Lighting
A?ree~eut.
It is further understood and a~reed that exceot as
expressly provided herein the said Street Lighting Agreement
an~ all supplementary and supplemental Agreements thereto,
not specifically cancelled or terminated herein, shall ~e~ain
in full force and effect between us.
If you agree to the ~re~o~.n? kindly cause this
letter and the attached copies to be executed by your duly
authorized officials under your corporate seal in
spaces provided below for that purpose.
Yours very truly,
FLORIDA POV~ER & LIe-MT COMPANY
We agree to the
TOWN OF BOYNTON
BY M. Ao Weaver
...... Nay'or '
ATTEST:
A. V. Peterson
To~n ~ler~ '
Dated Sept. 22nd, 193V.
Vice Prssident and
General Manager
Approved as to Form and
Correctness this da,~
of .,19~.
Attorney for 2~[e--T'own o?
Boynton, Florida