Florida Power and LightRESOLUTION
AUTHORIZING AND DIRECTING THE MAYOR AND THE
VICE-MAYOR OF AND ON BEHALF OF THE TOWN OF
BOYNTON, FLORIDA, TO ENTER INT0 AND EXECUTE
WITH FLORIDA POWER & LIGHT COMPANY A
SUPPLEMENTAEY AGREEMENT PROVIDING FOR THE
TEMPORARY DISCONTINUANCE, RESTORATION TO
SERVICE AND/(R ALTERATIONS IN THE CANDLEPOWER
CAPACITY OF CERTAIN OF THE STREET LIGHTS
WITHIN ~IE CO~PORATE LIMITS OF THE TOWN OF
BOYNTON NOW BEING OPERATED UNDER THE STREET
LIGHTING AGREEMENT NOW IN EFFECT BETWEEN THE
TOWN AND FLORIDA POWER & LIGHT COMPANY, DATED
THE 2ND DAY OF MARCH, 1925, TO THE END THAT
~tE TOWN MAY NE TEMPORARILY RELIEVED OF SOME
OF ITS PPESENT FINANCIAL BURDENS, PROVIDING
FOR THE CANCELLATION AND TERMINATION OF A
LETTER AGR~T ENTERED INT0 BY AND BETWEEN
THE TOWN AND FLORIDA POWER & LIGHT COMPANY ON
THE 16TH DAY OF JULY, 1928, AND PROVIDING FOR
THE CANCELLATION AND TERMINATION OF THE
SUPPLEMENTAEM AGREEMENT ENTERED INT0 BY AND
BETWEEN THE TOWN AND FLORIDA POWER & LIGHT
COMPANY ON ~tE 8TH DAY OF FEBRUARY, 1929, ALL
AS SET FORTH HEREIN
WHEREAS, there is in effect between the Town and the
Company a Street Lighting Agreement, dated the 2nd day of
March, 1928, covering the supply and purchase of "all electric
energy and service necessary for the operation of the street
lighting system within the corporate limits of the Town of
Beynton, Florida, which may now or hereafter be installed, the
minimum requirements for which shall at all times equal that
of the present installation as set out in Article III, Section
2, hereof, plus that of any additional installation required
by the Consumer" and
WHEREAS, ~n the 3Oth day of June, 1925, the minimum
requirements set forth in Article III of Section 2 of the afore-
said Street Lighting Agreement dated the 2nd day of March, 1926,
were four (4) one hundred (100) candlepower "~hite Way? street
lights owned by the Town, sixty-two (62) two hundred fifty (280)
"~hite W~y" street lights owned by the Town, and seventy (70)
one hundred (100) candlepower overhead bracket type street
lights owned by the Company, a~ the revenue payable for the
operation thereof out of the rates provided in the said Street
Lighting Agreement was Six Thousand Three Hundred Sixty-six
and 00~00 Dollars ($8,~66 00), and
WHEREAS, on the 16th day of July, 1925, the Town and
the Company entered into a Letter Agreement by the provisions of
which twenty-seven (B~) two hundred fifty (280) candlepower
"White Way" street lights of the Town's street lighting system
operated under the said Street Lighting Agreement, dated the
2nd day of March, 1926, were temporarily discontinued as of
July 1st, 1925, for a period of five (8) months thereafter
until and including November ~0, 1928, and by the provisions
of which the term of the said Street Lighting Agreement, dated
the 2nd day of March 1926, was extended f~r an Additional year,
and
WHEREAS, t~re is now in effect between the Town and
the Compa~ a Supplementary Agreement dated the 8th day ef
February, 1929, whereby the Company, at the request of the Town~
permitted to remain discontinued the said twenty-seven (27~
two hundred fifty (280) candlepower "White Waya street lights,
discontinued in accordance with the Letter Agreement aforesaid
until the 1st day of January, 1980, and
WHEREAS, the Town, to obtain relief from some of its
financial burdens, has requested the Company to temporarily dis-
continue, reconnect and/er to alter the candle power capacity
ef certain of the street lights operated unde~ the said Street
Lighting Agreement dated the 2nd day of March, 1928, and
WHEREAS, it is deemed to be to the best interests of
the Town that the said Letter Agreement dated the 16th day of
July, 1925, and the said Supplementary Agreement dated the
day of February, 1929, he cancelled and terminated and that the
Town and the Company enter into a new Agreement supplementary
to the Street Lighting Agreement dated the 2nd day of March,
1928, and providing for the desired temporary discontinuance,
reconnections and/or alterations in the candlepower capacity
of certain ef the street lights within the corporate limits cf
the Town, a~d
WHEREAS, at the request of the Town, Florida Power &
Light Compauy has heretofore submitted a proposed Supplememtary
Agreement, and
WHEREAS, the Town approve~ the said proposed Supplementary
Agreement as to form and substance, and deems it to the best interests
of the Town that the same be executed~
NOW~ THE REFO HE ~
BE IT RESOLVED BY THE TOWN COMMISSION OF THE TOWN OF
BOY~!TON~ FLORIDA:
That the Mayor and the Vice-Mayor of and on behalf of th~
Town of Boynton, Florida, be and they are hereby authorized and
directed to execute and enter into with Florida Power & Light
Company that certain Supplementary Agreement, the Said Agreement
being hereby approved as to form and substance for and on behalf
of the Town of Boynton, and the same being hereinafter set f~rth
in form, words and figures as follows:
THIS SUPPLEMENTARY AGREEMENT, made this 6th day
of ~ Au$,us,t .... , 1929, by and between the TOWN OF
BOYNTON, FLORIDA, a municipal corporation organized and exist-
ing urger the laws of the State of Florida (hereinafter called
the 'Town"), and FLORIDA POWER & LIGHT COMPANY, a corporation
organized and existing under the laws of the State of Florida
(hereinafter called the 'Company")
WHEREAS, there is in effect between the Town and the
Company a Street Lighting Agreement, dated the 2nd day of
March, 1926, covering the supply and purchase of "all Electric
energy ar~ service necessary for the operation of the street
lighting system within the corporate limits of the Town of
Boynton, Florida, which may now or hereafter be installed, the
minimum requirements for w~ich shall at all times equal that
of the present installation as set out in Article III, Section
2, hereof, plus that of any additional installation required
by the Consumer", and
WHEREAS, on the 30th day of June, 1928, the minumum
requirements set forth in Article III of Section 2 of the afore-
said Street Light lng Agreement dated the 2nd day of March, 1926,
were four (4) one hundred (100) candlepower "White Way'street
lights owned by the Town, sixty-two (62) two hundred f~fty (260)
"White Way' street lights owned by the Town, and seventy (70)
one hundred (100) candlepower overhead bracket type street
lights owned by the Company, and the revenue payable for the
operation thereof out of the rates provided in the said Street
Lighting Agreement was Six Thousand Three Hundred Sixty-six
and O0/100 Dollars ($6,366 00), and
WHEREAS, on the 16th day of July, 1928, the Town and
the Company entered into a Letter Agreement by the provisions of
Which twenty-seven (2~) two hundred fifty (250) candlepower
"White Way" street lights of the Town's street lighting system
operated under the said Street Lighting Agreement, dated thet
2ad day of March, 1926, were temporarily discontinued as of
July 1st, 1928, for a period c~ five (5) months thereafter
until and including November 30, 1928, and by the provisions
of which the term of the said Street Lighting Agreement, dated
the 2nd day of March, 1926, was extended for an additional year,
and
WHEREAS, there is now in effect between the Town and
the Company a Supplementary Agreement dated the 8th day of
February, 1929, whereby the Company, at the request of the Town,
permitted to remain discontinued the said twenty-seven (27)
two hundred fifty (250) candlepower "White Way~ stzeet lights,
discontinued in accordance with the Letter Agreement aforesaid
until the 1st day of January, 1930, and
WHEREAS, the Town, to obtain relief from some of its
financial burdens, has requested the Company te tmmporarily dis-
continue, reconnect and/or to alter the candlepower capacity
of certain of the street lights operated under the said Street
Lighting Agreement dated the 2nd day of March, 1926, and
VE~EREAS, it is deemed to be to the best interests of
the Town that the said Letter Agreement dated the 16th day of
July, 1928, and the said Supplementary Agreement dated the 8th
day of February, 1929, be cancelled and terminated and that the
Town and the Company enter into a new Agreement supplementary
to the Street Lighting Agreement dated the 2nd day of March,
1926, and providing for t~,~e desired temporary discontinuance,
reconnections and/or alterations in the candlepower capacity
of certain of the street lights within the corporate limits of
the Town, and
WHEREAS, the Company is willing to comply with the
request of the Town and to enter i~to a new Supplementary Agree-
merit with the Town as aforesaid, and upon the terms and
provisions hereinafter set forth,
NOW, THEREFOR E,
WI T NESS E T H:
That for ~ud in consideration of One Dollar ($1 00)
paid by the Town to the Company and of the covenants and agree-
ments hereinafter set forth, the parties hereto covenant and
agree as follows:
1 That the Company will on the 1st day of August ,
1929, temporarily discontinue, permit to remain temporarily dis-
continued, restore to service and/or alter the candlepower capacity
of certain of the street lights within the corporate limits of the
Town installed and/or operated under the Street Lig~ lng Agreement
now in effect between the Tova~ and the Company, dated the 2nd day
of March, 1926, the total number of which, as installed within the
said corporate limits and operated under the Street Lighting Agree-
ment aforesaid on the 30th day of June, 1928, was four (4) .ne
h~mdred (100) candlepower "White Way" street lights owned by the
Town, sixty-two (62) two hundred fifty (250) candlepower "White
Way" street lights owned by the Town, and seventy (VO) one hundred
(100) candlepower overhead bracket type street lights owned by
the Company, to such degree and extent and to the end that there
shall be and remain in operation on the., ,.ls, t day of Au~.ust _ ,
1929, and thereafter, under the said street lighting Agreement
no less than sixteen (16) one hundred (100) candlepower "White
Way" street lights owned by the Town and thirty (30) one hundred
(100) candlepower overhead bracket type street lights owned by
the Company
2 That at an~ time aud from time to time during t~
term of this Agreement, the Company, at the request of the Town,
will restore to service and/or increase the candlepower capacity
of any or all of said street lights Which have been discontinued
temporarily, permitted to remain temporarily discontinued and/or
decreased as tc candlepower capacity hereunder
3 That the term of this Supplementary Agreement shall
extend from the ,l~st .. day of~ August. _ , 1929, to and shall
terminate upon such time as, if and when, in accordance with the
provisions hereof, the number of and/or candlepower capacity cf
the street lights operated under the said Street Lighting Agreement
dated the 2nd day of March, 1926, s~all be increased to such extent
that the moneys paid by the Town to the Company for electric energy
and service furnished under t~ said Street Lighting Agreement for
any one year hereafter shall be not less than Six Thousand Three
Hundred Sixty-six and 0~/1CO Dollars ($6,366 00), which sum, it
is agreed, is the amount of money payable over a yearly period by
the Town to the Company for electric energy and service under the
said Street Lighting Agreement as of the 30th day of June, 1928
~ That the term of the said Street Lighting Agreement
dated the 2nd day ef March, 1926, which by its provisions is to
expire on the 2nd day of March, 1926, unless extended as herein
provided, ard which has been extended by the aforesaid Supplementary
Agreement dated the 8th day of February, 1929, to the 2nd day of
march, 19~V, be and is hereby extended for additional periods of
one year for each year or part of a year during which this
Supplementary Agreement 8~11 be in force and effect
5 That the Company, during the term of this Agreement,
will bill the Town according to the rates set forth in and as
provided by the said Street Lighting Agreement dated the 2nd day
of March, 1926, for such street lights as shall be operated or
shall remain in operation under the said Street Lighting Agree-
merit, it being understood and agreed by ~ between the Company
and the Town that the amount of money to become due and payable
from the Town to the Company under the said Street Lighting
Agreement shall be reduced in proportion to the reduction in
the number and/or candlepower capacity of the street lights
temporarily discontinued, permitted to remain discontinued and/or
decreased as to candlepower capacity in accordance with the terms
he roof
6 That that certain Letter Agreement entered into by
and between the Te~a and the Company on the 16th day of July,
1928, providing f~r the temporary discontinuance of twenty-seven
(2V) two hundred fifty (280) candlepower "White Way" street
lights within the corporate limits of the T~wn be and the same
is hereby declared to be cancelled and terminated
~ That that certain Supplementary Agreement made and
emtered into by and between the Town and the Company on the 8th
day of February, 1929, whereby the Company permitted twenty-seven
(2V) two hundred fifty (280) candlepower "White Way"street
lights within the corporate limits of the Town to remain dis-
continued after having been discontinued in accordance with the
provisions of the aforesaid Letter Agreement dated the 16th day
of July, 1928, be ~nd the same is hereby cancelled and terminated
8 That nothing in this Supplementary Agreement s~ll
waive, suspend or abrogate any of the terms or provisions of the
Street Lighting Agreement dated the 2nd day of March, 1926, now
in effect between the Town and the Company, except as provided
herein, which Street Lighting Agreement shall remain in full force
and effect except as provided herein
9 That this Supplementary Agreement shall inure to the
benefit of and shall be binding upon the successors of the Town
and t~ successors and assigns of the Company
IN WITNESS WHEREOF, the parties hereto have caused
this instrument to be signed in duplicate by their duly
authorized officers and their official seals to be hereunto
affixed the day and year first above written
WIT]~ESSES FOR TOWN:
TOWN OF BOYNTON, FLORIDA,
ATTEST:
~Ice May or
WITNESSES FOR COMPANY:
FLORIDA POWER _~ LIGHT COMPANY,
PreSi'd'en~ and G~neral Man'Ager
ATTEST:
Approved as to form and correctness
this day of ,1929
A's's'istant Se'~etary
And
Assistant Treasurer
~ttorn'ey T~ Tow~ o'f Boy~t'on, ~l'o~i~a
I, S L S_.w..i_ndell. . , Town Clerk of the Town
of Boynton, Florida, do hereby certify that the above and
feregoing is a true and correct copy of Resolution No
passed by the Commission of the Town of Boynton, Florida, on
the 6 day of Ausust .... , 1929
WITNESS my hand and official seal of said Town, this
_ 6 , day of August , 1929
S L Swindell (Signed)
-~ ~ T~w~ Clerk