HomeMy WebLinkAboutCC 1975-05-22 Discussion Itemb##iti Mews. bark
Gentlemen:
Per the instructions of City Council at their meeting
held May 7, 1975, I am forwarding you a copy of
Resolution 2224 which they passed unanimously. I
believe the Resolution is self-explanatory.
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May 9, 1975
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We are asking your support, also.
Very truly yours,
Janet L. Davis
City Clerk
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cc: Public Service Commission
Governor of Florida
Speaker of the House
President of the Senate
Collier County Legislative Representatives
Collier County Commissioners
Florida League of Cities
City Councils of South Florida
Florida Power and Light Company
A RESOLUTION Or 'THE CITY COUNCIL tn1Vi t1ZMINC ITS REQUEST THAT
IN THE INTEREST OF EQUITY, Tfln t'ul3LIC".. SERVlC1 COMMISSION
RECONSIDER AND CANCEL THE SUMMERI513MAND CHARGES gaff ELECTRICAL
AL
SERVICES FOR PLO1 ID! POWER AND LIGET COMPANY AND FURTHER
THAT THE t'ut3LtC SERVICE COMMISSION OF THE STATE or rLbttti A
?LACK TTI ttUltbtiW OV rINANcINO in w CAPACITY oN Nt W CC NNHC>T/ONS
pof ELECTnICAL SLttViC1y; t lflneTI C Tfln CITY ChEt21t TO t`CttWA t
COPIES o1 THIS RtuoLUTION TO THE ptil3ttC r i vIcD' cO MISSioN,
THE GOVERNOR or FLORIDA, S1?1Alt1tt Ole THE HOUSE, PRESIDENT OF THE
SENATE, , COLLIER COUNTY LEGISLATIVE REPRESENTATIVES, COLLIER 'COUNTY
COMMISSIONERS, t'LoAIDA LEAGUE of CITIES, CITY COUNCILS IN SOUTI!
FLORIDA, AND FLORIDA POw R AND LIGHT COMPANY,
WHEREAS, David L. Swafford, Director, Public Service Commission
of Florida, alleges that the recently instituted
summer/reinter rate schedules developed and approved
by tho Public Service Commission for Florida Power
and Light are not a penalty rate, (per attached
letter); and
WHEREAS, the primary thrust of such rate increase is to
generate additional funds to build additional capacity
via high profits and the resultant ability to market
debt and equity securities at favorable rates and in
such amounts as to meet anticipated future demands
for service; and
WHEREAS,
WHEREAS`
WHEREAS,
WHEREAS,
WHEREAS,
present capacities and current demands at peak are
approximately in balance since there have been no
recurring outages; and
recent statistics reflect decreasing usage by individual
consumers rather than increasing usage and
ninety per cent (90%) of Florida's increase in
population between 1970 and 1973 is attributed to
out -of -staters moving to Florida (Florida Statistical
Abstract, University of Florida) and
the demand charge philosophy adopted by the Public
Service Commission is appropriate for large scale
industrial users with preferential rates because they
have the ability not only to control their hours of
maximum consumption but also transferring the cost
effect of penalty rates into prices extracted from the
ultimate consumer. These protections are not available
to year 'round residents; and
the application of demand charges to year 'round
residents ignore: the primary and in fact, the only
substantive cause for increased capacity, namely,
RAPID GROWTH. Rather, it assigns the cost of providing
the additional facilities to present users who have
no current or future need for such additional capacity.
The penalty rate is not a new burden, but an additional
one. Present users have long been required via rate
structures to provide funds for facilities to accommodate
growth;
NOW, TuLR.LLORL, nil; IT BCSOLVRD by the Council of the City of
Naples, f 1orida;
RE. Mil ION NO
PAGE TWO
SFCTIGN it That this Council reaffirms itt re+ uel t that in
the interest bf eti.ty, the Public Service
Ottimission reconsider and cance1 the summer demand
Charges approved by the Public Service Cotnn issitn
fOr Florida Power and Light .Company.
SECTION 2. That the Public Service Coni ninsibn of the Stale of
Florida place the burden of financing new capacity
On new connections which create the need for such
additional generating and distribution facilitios.
Such shift of burden should contemplate not only
the elimination of demand charges but a reduction
in basic rates and an increase in connection
Charges for new connections for electrical service.
SECTION 3. That the City Clerk is hereby directed to forward
copies of this Resolution to the following:
Public Service Commission
Governor of Florida
Speaker of the House
President of the Senate
Collier County Legislative Representatives
Collier County Commissioners
Florida League of Cities
City Councils in South Florida"
Florida Power and Light Company
•SECTION 4. This Resolution shall take effect immediately upon
adoption.
PASSED IN OPEN AND REGULAR SESSION OF THE CITYCOUNCIL" OF THE CITY
OF NAPLES, FLORIDA, THIS •7 DAY OF MAY, 1975.
arry . 0. Heineman
ATTEST:
tiAlanet L. Davis
City Clerk
APPROVED AS TO FORM AND LEGALITY BY
Mayor
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Charles
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torney `1� . Allan,
City Attorney
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City Council
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CITY OF NAP L1S
73t 8th Street
Napless, Florida 33940
Cotttlentctl:
This is in response to a resolution forwarded to the
Florida Public Service Commission by your City Council on
April: 3, 1975. The Commissioners have reviewed the resolution
and requested that the Rate Departmentreply to the items sot
out therein with the sincere hope that we may clarify some
misconceptions which have arisen over the implementation of
a summer./winter differentia]. in Florida Power and Light
Company's electric rate tariffs.
The summer/winter differential should not he classified
as a penalty rate for certainly th.is is not the intent,
rather it i.s a legitimate rite desi.gn technique. Seasonal
rate differentials are designed to reflect the variations in
the costs incurred by a utility in serving its customers. The
system is designed to serve the maximum demand placed upon
its generating capacity. In the course of the Florida Power
and Light rate hearings, it was clearly established that this
maximum demand' occurs during the summer months for Florida
Power and Light. Regardless of the 'absolute size of the
utility system, capacity must be added to serve this summer.
peak. Thus, in the case of Florida Power and Light, despite
the .tact that _ it is growing at a rapid' rate, there refrains
excess generating capacity at certain times during the year,
principally the off-peak winter months.
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As a result of Florida Power and Light's summer peaking
characteristics, it is in the interest of both the company and
its customers to improve the efficiency of the system by making
better use of the existing facilities. The most effective
method of improving system efficiency and at the same time
recognizing the seasonal cost differential is through the
price system by charging a somewhat higher price for consump-
tion during the summer peak months In the case of Florida
1
Power And light, this differential is applied tt kilowatt hoitr
tonstintption tbove 750 kilowatt hours per month during the
months of ?3ay through October. The actual price differential
between summer and winter consumption for 1,000 kilowatt hours
kr month will amount. to 43 per month, while for 2,000
ilowatt hours per Month the differential will amount to $2 13
per month,
I inallv, it lmist be remembered that while the summer/
winter .differential results in higher charges duri.ng the
summer months for consumption over 750 kilowatt hours per
month, it also results in lower charges during the winter
off-peak months, when compared to the same rate without a
summer/ winter differential+
r hope that this explanation has clarified the reasoning
behind the implementation of a summer/winter differential. in
Florida Power and Light Company's tariff. If you have any
further questions, please feel free to contact us.
.erely,
S:B:w
cc: Governor of Florida
Speaker of the House
President of the Senate
Collier County Legislative Representatives
Collier County Commissioners
Florida League of Cities
.City Councils in South Florida
Florida Power and Light Company
•
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TO tOA1 b OP COUNTY COMMISSIONERS,
METROPOLITAN bAbt COUNTY, AND
TO ALL MUNICIPALITIES IN DADE
Ato
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Enclosed is a copy of Opa-locka Commission Resolution
No. 1625, adopted April 9, 1975, and petitioning the Dade
County Legislative Delegation to consider an amendment to
Florida Statute 316.059. The amendment desired has been
drafted as H.B. 1844, a copy of which is also enclosed.
We urge your support of this proposed legislation which
will clear up existing ambiguities in the present Statute.
Any assistance you can lend by contacting members of the
Dade Delegation and asking that the passage of this Bill
be expedited would be greatly appreciated.
Lawrence W. Bowers,
City Commissioner
OFFICE • 777 SHARAZAD BOULEVARD, POST OFFICE BOX 86, OPA•LOCKA, FLORIDA 33054
RESOLt TtBN REQUESTING DADE COUNTY LEGtSLAT VE
DELEGATION TO REDEFINE P.S. 316.059, FLt'il t OA
STATUTES; ESTABLISHING CRITERIA FOR EQUIPMENT
ON MOTOR VEHICLES
WHEREAS the CdrmiBAior of the City of Cpa-lceka has
received complaints from its citizens relative to the standards
of motor vehicle equipment required by Chapter 316, State uniform
Traffic Control Law}; and
WHEREAS, The municipal police departments are required
to enforce the provisions of F.S. 316.050 within their respective
jurisdictions:
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF OPA'LOCKA, FLORIDA:
Section 1. That the Dade County Legislative Delegation
be and the same is hereby requested to amend the provisions of
F.S. 316.059 by defining the term, "Unsafe Condition", inasmuch as
same is related to motor vehicle equipment, in order to unify
interpretations of that section by the various jurisdictions re-
quired to enforce the provisions of Chapter 316, State Uniform
Traffic Control Law.
Section 2. That the proper officials of the City be
and they are hereby ordered to cooperate with the Dade County Legis-
lative Delegation in preparing legislation for the purposes set
forth herein.
PASSED and ADOPTED, this 9th day of April, 1975.
ATTEST s/ Kenton N. Wells, Mayor
s/ Hester E. Dozer, APPROVED AS TO FORM:
City Clerk
s/ Albert L. Weintraub,
City Attorney
I, Hester E. Dozer, City Clerk of the City of Cps -looks,
Florida, do hereby certify the foregoing to be a true and
correctcopy of Resolution No. 1.625 adopted by the Commis-
sion of the City of Opa-l.ocka on date aforesaid.
Given under my hand and seal, this 1th day of April
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1844
A bill to be entitle
An act relating tt the ttate Uniform Traffic
Control, amending s,116.030, `. S , 1573 by
adding paragraphs (1) (a) , (b) and (c) tc extend
the scope of enforcement with regard to unsafe
or not equipped vehicles as required by law, or
improper adjustment or repair requiring the driver
of the vehicle to stop and submit the vehicle
to such test and inspection, providing for
written citations not requiring the payment
of a fine, but rather that the vehicle be
inspected by an authorized inspection station
within four (4) days; providing penalties for
violation punishable by fine according to law;
providing an effective date.
Be It Enacted by the Legislature of the State of Florida:
Section 1. Subsection (1) of s.316.059, Florida
Statutes, is amended to read:
(1) It is a violation of this chapter for any
person to drive or move, or for the owner to cause or know-
ingly permit to be driven or moved, on any highway any
vehicle or combination of vehicles which is in such unsafe
condition as to endanger any person or which dces not
contain those parts or is not at all times equipped with
such lamps and ether equipment in proper condition and
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ad ust ►ent as reqUi ea in t# is chapter, or which is e2ippe
in any 'mender .n viola►tion . of this chapter, or for any person
to do any act forbidden, en, or fail to perform any act required
under this chapter.
,(a) .. AnV police _off e+ r�_ iav at any time,, upon
reasonable cause to believe that _,a_ vehicle it utlsafe.,or_not.
equipped as rec,uired by lawt., or that its equipmentis not __in
properad- ustment or repair, require the driver of the vehicle
tostrip and submit the vehicle to such test_ and inspection with
reference thereto as may be appropriate.
fib) In the event the officer finds the_ vehicle to
be in unsafe condition because equiptnent required by law is
hot in proper adjustment or repairer, the officer shall give a
written citation to the driver. This citation shall not
require the payment of a fine, but shall rewire that the
vehicle must be inspected by an authorized inspection station
within four days. The citation shall be issued to the driver
in duplicate, and one copy of the citation shall be presented
by the driver at the time of inspection. This copy shall be
forwarded to the Records Division of the Inspection Facility,
where it will be matched with the copy turned in by the police
officer in order to insure that the proper repair or adjust-
ment has been completed_
(c) Failure to present the vehicle for such
inspection within the time allotted shall constitute a
violation punishable by fine according to law.
(2) Nothing contained in this chapter shall be
construed to prohibit the use of additional parts and
accessories on any vehicle not inconsistent with the provisions
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•o this chapter.
(3) The provisions of this chapter with respect to
equipment required on vehicles shall not apply to implements o
husbandry, road machinery, roar) rollers, or farm trectors,
except as herein made applicable.
(4) The provisions of this chapter with respect to
equipment required on vehicles shall hot apply to motorcycles
or motor -driven cycles, except as herein made applicable.
Section 2. This act shall take effect upon becoming a