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HomeMy WebLinkAboutR-01423RHSOLUTION NO. 1423. A RESOLUTION AUTH0RIZING THE CITY IWANAGZH TO SNUB INTO AN AGREE:WRIT, FOR AND ON MALE' Op THE t ft OP MIAMI, WITH S. H. INCH FOR THE FURNISHING Off' $ EOTRIO POUR TO 'Tim SAID CITY FOR THE PURPOSES SET FCRT$. XI THIS RSSOLUTION. WHEREAS, the City of Miami has agreed to sell to 8. R. Inch the Diesel Engine Electric Plant situated at Hialeah, Florida, and no`r own- ed by the City of Miami, and WHEREAS, it is necessary that the City have electric power for use in oonneotion with the water pumping, treating and softening plant now under course of construction at Hialeah, Dade County, Florida, THERIVORE, BE IT R:!ISOLVED by the Commission of the City of Miami: That the City I:ianager be, and he is hereby, authorized and direot- ed to enter into agreement with S. R. Inch for furnishing all electric power and energy required for and in connection with the City's water pumping, treating and softening plant now under course of construction at Hialeah, Dade County, Florida, in the 2ollowing form, to -wit : AGRE"L112 made this day of June, 194, between S. R. Inch (Successor to L iami 3each electric Company), hereinafter called Contraot- or, and the Jity of Miami, a municipal corporation of Florida, herein- after called the Consumer. Contractor shall supply and Consumer shall receive and pay for all electric power and energy required for and in connection with Consumer's water pumping, treating and softening plant now under course of con- struction at Hialeah, DadeCounty, 'lorida. die minimum quantity of power to be received and paid for hereunder by Consumer shall net be less than 300 P., and may be increased from time to time up to a total of 2000 H. F. Said electric power and energy shall be supplied to Consumer in accordance with the term2 'and conditions of the a ttaclAd schedule, mark- ed ,xhibi t A and made a part hereof. Service hereunder shall commence net later thLn January :;nd, 19 5,a d the point of delivery for power delivered to the Consumer at Hialeah shall be en Oor;tractor's line used for supplying service i:ere rider at the pole thereof nearest to and not mo:'e than f ifty feet from Corsumer's properti guppg tlnnection with DOCUMENTS Cry" 1 1S_1 1 J!1 • maid operatione. Consumer agrees to pay, based upon the initial contract demand of 300 H. P. hereinafter stated, and regardless of the amount of energy aotually oonsumed, a minimum monthly bill of 4750.00, and any increased mon thly minimum which may be established hereafter by use as provided in the attached schedule. All payments shall be made at Contraotor's office and service rendered hereunder shall be subieet to Contractor's rules and regulations, to be kept an file in his office. It is understood and agreed that such rules and regule t ions have not ye t been prepared , but tha t they shall be submitted by the Contractor to the Consumer as soon as available and that when and as same shall be mutually agreed to by the Contractor and the Consumer, they shall then be marked Exhibit "B" and shall be attached to and become a part of this agreement. For and in consideration of the power schedule herein referred to an6 of the fact that Contractor has on this date agreed to pur- chase from the Consumer a diesel engine electric plant situated at Hialeah and now ovzied by Consumer for the sum of 449,000.00 and to maintain said plant in operating conditions, or in lieu thereof, to prvide other duplicate or secondary source of power acceptable to the fire insurance underwriters for the operation of Consumer's said water pumping plant; this contract is entered into be tween the parties for the full period of 30 years from and alter the date of first rendering service hereunder and thereafter until terminated by twelve months prior written notice From either party to the other. It is understood and a 'reed that if at any time a iter ten years from date e f first renderin3 of service hereunder it shall become ne- cessary for Ccnsuuaer to abandon its hater pumping, softening and treat- ing ape ration s at Iiialeah; then and in that event Consumer may, upon rivi_n„ to the Contractor one years ;.rior r,ritten notice, cancel this cantra ct, p:'avided, however, th' t iti:e .;er:slime r sha11ins tall its plant for said operatiens at seme ether point than Hialeah, then and in tha t event ai.trac for shall have the right to furni sh electric pow- er and energy required her such opera tiens a t the new loca Lion under the terms of th is contract, and fa ilia; or refusing to do so upon rea- "SUPPORTIVE D ,C,UMENTS sortable notioe from the consumer tile contract may tileraool. b, celled by the bonsumer and beoome null and void. It is also agreed that unless and until a state Commission Shall be created having jurisdiction over the rates and charges for elect ti. service in Florida, the rates and charges effeotive under this oontraot may be adjusted by mutual agreement at the end of any five-year period tram and after the date oZ first rendering of service hereunder. This agreement shall be binding upon and inure to the benefit of the heirs, legal representatives, successors and assigns of the part,iee hereto. In witness whereof the parties hereto have caused this agreement to be duly executed in duplicate the day and yearfirst above written. In the presence a5: THE CITY OF MIAMI By City Manager ( r`bch ib i t "A") FLORIDA OPERACI0IJ3 1501Tt2 RATS FOR MUNICIPAL PUMPING 250 H. P. or over CH. -URGES - NET RATE. (a) Demand.: 42.50 net per month per oontraot H. P., which charge en- titles Consumer to use during such month 35 1 .\J.H. f or each H.P. of con- tract power. (b) Enerfy : 5.¢! per 2or the next 4000 K.W.H. used per month 3.¢ " n 11 11 " 35000 If ' /1 tt 1.5f1 " " excess. (1) APPLIC32I01: 0�' SCH_OULE : This eche dule is f or alternating current three phase service supplied at voltages between 2300 and 15000 volts inclusive, .or power purposes only, of 250 contract H.P. or aver, to be measured by a single meter of each kind needed, at each point of delivery i'or each Consumer served. _ewe ar'Tri q n E 1 V Livery at Di_; CUMEDITS Fc�i I rim/ 4 ► one Consumer shall be ooneidered as separate eervioee, end btUe >ee - rately calculated for eaoh point of delivery. (2) DE 2ERMINdi PION Ch' MAXIMUM nhMAND„ Maximum demand isthe high - eat average .fifteen (16) minute load taken by the Consumer as ahem by the Contractor's me tern. Peaks due to accident which the Consumer could not have guarded against will be disregarded. (3) DJfl M NATION OF CONTRACT H0R8E POWER; The contract H. P. up- on which the above demand charge shall be based for any month shall be the highest monthly maximum demand established during the twelve months period ending with said month, but in no case shall it be less than 260 H.P. nor less than the amount of power originally contracted for by the Consumer and stated in his application for service. The Consumer shall at all times take and use power in such a man- ner that the power factor shall be as near 100 percent as possible, but when for any month the actual power factor is 85 per cent or leas, the monthly maximum demand shall be obtained by multiplying the actual de- mand determined, by 85, and dividing this product by the actual power factor In determining the contract H.P. when the contract H.P. is in ex- cess of an even horse -power by a fractional part, the contract H.P. will be taken at the next even horse -power below, if the fraction be less than ono -half horse -power, Ad at the next even horse -power above if the frac- tion equals or exceeds one-half horse -power. (4) PaY1.'afl2 02 BILL3: i`he ne t ra te nd guaranties under this schedule apply only when bills are paid TA. thin the prompt payment period. '„hen not so paid the gross rate (be ing the above net rate or net guaranty plus 10/, of the first ,100.00 of Consume is monthly bill, and 2-% on ex- cess of v100.00 of Consumer's mcnthly bill) applies. (5) I;CIi. iJ L LLsi1I1il: Ligh it ; directly auxiliary to power use not to exceed 50 17atts per contract !_.r. will be allowed under tL_is sche- dule. (6) S.u_1301iAL 0 ai-1)0'„i1 & RVICS: This schedule is not for re -sale, seasonal, or break -down service. (7) 3IIHi AID L1A, : Contractor's obligation to furnish ser- vice hereunder is conditional upon the ;ranting by the 0anaumer of all ti, 7%14- �ULLU j%'r A ► • neoraesary rights and easements upon, over and through property► and land owned or oontrolled by said Consumer which may be required for the oonstruotion, operation and maintenanoe of Contractor's transmission lines and other facilities requisite for the furnishing of said service. (8) LIABILITY: Oontraotor shall at all times use reasonable dill- gene to provide continuous service, and having used reasonable diligence, shall not be liable to the Consumer for failure or interruption of ser- vice. Neither the Contractor nor the Consumer shall be liable to the other for erg act or omission caused direotly or indirectly by strikes* labor troubles, accident, litigation, United States, State or Municipal. interference, or ether causes not due to negligence, but the cause pro- ducing such act or ommission shall be removed with all reasonable dili- gence. (9) R �'S AND R GULA2IONS: Service under this thedule is subject to Contractor's General Rules and Regulations on file in the Contractor's office. In case of conflict between any provision of the schedule and such Rules and Re.;ula tians the schedule shall ap ply. (10) O L.11GR IN RA.2.:S OR RULES: ate rates prescribed by this sche- dule and the applicable Rules and Regulations are subject to change with varying costs and conditions of service. Such changes shall only be node by general schedules, rule or regulation applicable to all Consumers of the class involved, to be filed with any State Commission having juris- diction and open to public inspection in the Contrr:otor's office, and except as otherwise authorized by law shall not be effective until af- ter thirty days written notice to the Consumers affected. any Change in Bates or Rules and Regulations shall, whenever and sc long as such Co..iission or authority shall be provided by law, be ::,ade only on approval of such State Commission, or other lawfully es- tablished regulatory authority and in the runner provided by law. IaaaEJ .;1: .L.)01•i;D this 24th day of :.:ay, ... J. 1924. ATTw32: 11 A Y CITY COMMISSION, MEETING OF MAY 1 — z-f RESOLUTION no. i "DOCUMENT INDEX REamm, ITTM NO. 2 I!