HomeMy WebLinkAboutOrdinance 2023-09 Duke Energy Franchise ExtensionORDINANCE NO. 2023-09
AN ORDINANCE GRANTING A 10-YEAR FRANCIDSE EXTENSION TO
FLORIDA POWER CORPORATION d/b/a DUKE ENERGY FLORIDA,
LLC RELATING TO THE PROVISION OF ELECTRIC UTILITY
SERVICE WITIDN THE CITY OF WINTER SPRINGS UNDER THE
TERMS AND CONDITIONS RELATED TO THE NON-EXCLUSIVE
FRANCIDSE GRANTED PURSUANT TO ORDINANCE NO. 2014-07;
PROVIDING FOR SEVERABILITY OF PROVISIONS; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City Commission is granted the authority, under Section 2(b), Atiicle
VIII, of the State Constitution, to exercise power for municipal purposes, except when expressly
prohibited by law; and
WHEREAS, Section 166.021(1) provides that municipalities shall have the governmental,
corporate, and proprietary powers to enable them to conduct municipal government, perf01m
municipal functions, and render municipal services, and may exercise any power for municipal
purposes except when expressly prohibited by law; and
WHEREAS, the City Commission of the City of Winter Springs, Florida recognizes that
the City of Winter Springs and its citizens need and desire the continued benefits of electric se1vice;
and
WHEREAS, Duke Energy Florida, LLC. (Company) is a public utility which has the
demonstrated ability to supply such se1vices; and
WHEREAS, on March 24, 2014, the City Commission adopted Ordinance No. 2014-07
granting a ten (10) year franchise to the Company for the purpose of supplying electricity to the City
and for the other purposes stated therein effective March 24, 2014 ("Franchise Agreement"); and
WHEREAS, Section 5 of Ordinance No. 2014-07 provides for an additional ten (10) year
renewal option of the Franchise Agreement upon mutually agreement of the patties; and
WHEREAS, Company and the City of Winter Springs desire to renew the Franchise
Agreement for an additional ten (10) yeru·s; and
WHEREAS, the City Commission of the City of Winter Springs deems it to be in the best
interest of the City of Winter Springs and its citizens to renew the Franchise Agreement;
NOW THEREFORE, BE IT ENACTED BY THE COMMISSION OF THE CITY
OF WINTER SPRINGS, FLORIDA:
SECTION 1. Renewal of Franchise Agreement; Optional Renewal Term.
The City deems it necessaiy, desirable and in the interest of its citizens to renew the
Franchise Agreement with Duke Energy Florida, LLC. (f.k.a. Duke Energy Florida, Inc.) for an
additional ten (10) year term in accordance with Section 5 of Ordinance No. 2014-07. Said renewal
shall become effective immediately upon the expiration of the current term provided this Franchise
Agreement has been duly executed by Duke Energy Florida, LLC. All provisions of Ordinance
No. 2014-07 not expressly modified herein shall remain in full force and effect. The Franchise
Agreement granted hereunder may be renewed for an additional ten (10) years with the prior
written approval of the patties.
SECTION 2. Terms and Condition.
All provisions of Ordinance No. 2014-07 not expressly modified herein shall remain in full force and
effect.
SECTION 3. Severability.
If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any
reason held invalid or unconstitutional by any couit of competent jmisdiction, whether for
substantive, procedmal, or any other reason, such pmtion shall be deemed a separate, distinct and
independent provision, and such holding shall not affect the validity of the remaining portions of this
Ordinance.
SECTION 4. Effective Date.
This Ordinance shall become effective immediately upon adoption by the City Commission of the
City of Winter Springs, Florida, and pmsuant to City Charter.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regulai· meeting
assembled on the __ day of 2023.
FIRST READING AND PUBLIC HEARING: August 14, 2023
SECOND READING AND PUBLIC HEARING: August 28, 2023
City of Winter Springs
Ordinance No. 2023-09
Page 2 of3
28th August
A~d-
Chrfstian Gowan, Gty Clerk Kevin McCann, Mayor
Approved as to form and legality for the
Use and reliance by the City of Winter Springs, Florida,
~
Anthony Garganese, City Attorney
The tenns and conditions of this Ordinance
are hereby duly ac:~ted by Company
on this v .n.day of.4~023:
~c__~~
~~~~~~~~~---'
Duke Energy Florida, LLC.
State President
City of Winter Springs
Ordinance No. 2023-09
Page3 of3
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