Loading...
HomeMy WebLinkAboutOrdinance 2014-07 Duke Energy Power Franchise ORDINANCE NO. 2014-07 AN ORDINANCE GRANTING TO FLORIDA POWER CORPORATION d/b/a DUKE ENERGY FLORIDA, INC. A NON-EXCLUSIVE FRANCHISE RELATING TO THE PROVISION OF ELECTRIC UTILITY SERVICE WITHIN THE CITY OF WINTER SPRINGS; AUTHORIZING DUKE ENERGY FLORIDA, INC. TO OCCUPY MUNICIPAL RIGHTS OF WAY AND STREETS WITHIN THE CITY FOR THE PURPOSE OF PROVIDING ELECTRIC SERVICES; PRESCRIBING THE TERMS AND CONDITIONS RELATED TO THE FRANCHISE GRANTED HEREUNDER; PROVIDING FOR SEVERABILITY OF PROVISIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission is granted the authority, under Section 2(b), Article 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, perform 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 service; and WHEREAS, Duke Energy Florida, Inc. (Company) is a public utility which has the demonstrated ability to supply such services; and WHEREAS, on March 27, 1984 (as amended on June 26, 1984), the City Commission granted a 30 year franchise to Florida Power Corporation, the predecessor of Company, for the purpose of supplying electricity to the City and for the other purposes stated therein effective April 1, 1984; and WHEREAS,there is currently in effect a franchise agreement between the City of Winter Springs and Company, the terms of which are set forth in City of Winter Springs Ordinance No.290, passed and adopted on March 27, 1984, and amended by Ordinance No. 297, passed and adopted June 26, 1984, and accepted by Company's predecessor in interest, granting to Florida Power Corporation, its successors and assigns, a thirty (30) year electric franchise ("Current Franchise Agreement"); and WHEREAS, Company and the City of Winter Springs desire to enter into a new agreement (New Franchise Agreement) providing for the payment of fees to the City of Winter Springs in exchange for the nonexclusive right and privilege of occupying city-owned rights of way within the City of Winter Springs pursuant to certain terms and conditions, 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 enter into the New Franchise Agreement; NOW THEREFORE, BE IT ENACTED BY THE COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA: SECTION 1. Findings. The City deems it necessary, desirable and in the interest of its citizens to establish by ordinance a franchise granting the Company a non-exclusive franchise relating to the provision of electric utility service within the City of Winter Springs and authorizing Duke Energy Florida, Inc. to occupy the Rights-of-Way in the City. SECTION 2. Short Title. This ordinance shall be known and may be cited as the "Duke Energy Florida Electric Franchise." City of Winter Springs Ordinance No. 2014-07 Page 2 of 13 SECTION 3. Definitions. For the purposes of this ordinance, the following terms, phrases, words, and their derivatives shall have the meaning given herein. When not inconsistent with the context, words in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely permissive. (A)"Adversely Affected"- For the Company, a loss of one percent (1%) of Base Revenues within the corporate City limits due to Retail Wheeling. For the City, a loss of one percent (1%) of franchise fees due to Retail Wheeling. (B)"Base Revenues" means all Company's revenues from the retail sale of electricity, net of customer credits, to residential, commercial, and industrial customers and City sponsored street lighting all within the corporate limits of the City. (C)"Company" or "Grantee" — Florida Power Corp. d/b/a Duke Energy Florida Inc., its successors and assigns. (D)"City" or"Grantor"—The City of Winter Springs, Florida. (E) "Electric Energy Provider"means every legal entity or association of any kind (including their lessees, trustees or receivers), including any unit of state, federal or local government (including City herein), which owns, maintains, or operates an electric generation, transmission, or distribution system or facilities, or which otherwise provides, arranges for, or supplies electricity or electric energy to the public, or which supplies electricity to itself utilizing Company's distribution or other facilities. Without limitation of the foregoing, "Electric Energy Provider" shall also include every Electric Utility, electric power marketer, or electric power aggregator. . (F) "Electric Utility" shall have the meaning set out in Section 366.02(2), Florida Statutes (2013), and shall also include every electric "Public Utility" as defined Section 366.02(1), Florida Statutes (2013). "Electric Utility" shall further include every investor owned, municipally or governmentally owned, or cooperatively owned electric utility (including their lessees, trustees or receivers), which owns, maintains, or operates an electric generation, transmission, or distribution system in any State or Country. (G)"Electric Utility System" means an electric power system installed and operated in the Franchise Area in accordance with the provisions of the Florida Public Service Commission establishing technical standards, service areas, tariffs and operating standards, which shall include but not be limited to electric light, heat, power, and energy facilities, and a generation, transmission, and distribution system, with such extensions thereof and additions thereto as shall hereafter be made. City of Winter Springs Ordinance No. 2014-07 Page 3 of 13 (H)"Franchise Area" means that area for which Company provides electric utility service within the corporate City limits of the City. (I) "Facilities"has the meaning as set forth in Section 4. (J) "Ordinance" shall mean this Ordinance No. 2014-0 7 , which is also sometimes referred to herein as this "Franchise." (K)"Person" means any person, firm, partnership, association, corporation, company or organization of any kind. (L) "Public Service Commission"means the Florida Public Services Commission. (M) "Rights-of-Way" - All of the public streets, alleys, highways, waterways, bridges, sidewalks and parks, and any other public ways or places owned by the City, as they now exist or may be hereafter constructed, opened, laid out or extended within the present limits of the City, or in such territory as may hereafter be added to, consolidated or annexed to the City. (N)"Retail Wheeling"- A customer/supplier arrangement whereby an Electric Energy Provider utilizes transmission and/or distribution facilities of Company to make energy sales directly to an end use customer located within the Franchise Area. SECTION 4. Grant of Authority. (A) This grant of authority is limited to the provision by Company to place its Facilities within the Rights-of-Way for its electric utility services. Accordingly, subject to City permit requirements set forth in this Section, the City hereby grants to the Company, its successors and assigns the non-exclusive right, authority, and franchise to lay, erect, construct, maintain, repair and operate its Facilities in, under, upon, over and across the present and future Rights of Way, as they now exist or may be hereafter constructed, opened, laid out or extended within the present limits of the City, including but not limited to conduits, cables, poles, wires, supports and such other structures or appurtenances as may be reasonably necessary for the construction, maintenance and operation of an electric generation, transmission and distribution system, including information, telecommunication, and video transmission used solely by Company for the provision of electric service (collectively the "Facilities"), provided that all portions of the same shall conform to accepted industry standards, including but not limited to the National Electrical Safety Code. Company agrees that without the prior written permission of City, it will not allow any entity providing a wireless communication system to acquire rights to occupy Rights-of-Way under this Ordinance. In the event that Company desires to use its existing facilities, or constructs new facilities, in order to provide public communications, leased fiber optic capacity, City of Winter Springs Ordinance No. 2014-07 Page 4 of 13 or video services to existing or potential consumers, Company must obtain additional and separate written permission from the City Commission prior to allowing any such activity. During the term of this agreement, subject to Section (9), nothing in this Ordinance shall require Grantee to remove, de-energize, or cease using any poles, wires, or other things or Facilities identified herein above that were in place under previous ordinances or permits prior to the Effective Date of this Ordinance, regardless of whether such poles, wires or other Facilities are located outside "Rights of Ways" as defined herein. The Company agrees to apply for and obtain a Right-of-Way permit from the City prior to laying, erecting, constructing, or repairing ("Work") any Facilities within the Right-of-Way, except a permit shall not be required in situations where the subject Work does not require any underground work. In addition, in emergency situations, the Company is not required to apply for and obtain a Rights-of-Way permit prior to conducting any emergency Work, provided however, Company agrees to apply for and obtain a permit as soon as practicable after the emergency Work has been completed. City agrees that permits will not be unreasonably withheld and no fees will be imposed by the City for said permits. Furthermore, the permit requirements set forth in this Section shall not to be construed to grant or imply authority upon the City to regulate the design, placement, construction or maintenance of Company's electric transmission and distribution facilities or authority upon the Company to regulate the use of Rights-of-Way. (B) Annexation or Contraction. City and Company agree that the Franchise Area is subject to expansion or reduction by annexation and contraction of municipal boundaries. If City approves any Franchise Area expansion or reduction by annexation or contraction, City will provide written notice to Company's Annexation Coordinator, at the address provided below, within sixty (60) days of such approval and this Ordinance shall automatically extend to include any such annexed areas. Additionally, within sixty (60) days of any such annexation or contraction, City shall provide to Company an updated list containing the new or removed street names, known street name aliases, street addresses, and zip codes associated with each street name located within the annexed or contracted area at the time of annexation or contraction. All address listings shall be addressed to the Annexation Coordinator as follows with the address subject to change: Duke Energy Annexation Coordinator P. O. Box 33199 St. Petersburg, FL 33733-8199 Or by email to: AnnexationRequests@pgnmail.com Company must revise its payments due to any expansion or reduction by annexation within a reasonable time after Company has received such notice and updated list from City, but no later than sixty (60) days after receipt of notice and the list. In the event the City fails to provide notice and an updated list within the aforementioned notice period, the Company will not be required to revise its payments due to the expansion or reduction until such time the City City of Winter Springs Ordinance No. 2014-07 Page 5 of 13 provides written notice and Company is afforded a maximum of sixty (60) days to make said revision. (C) Non-Exclusive Use. The Company's right to use and occupy Rights-of-Way for the purposes herein set forth shall be non-exclusive as to entities not engaged in the provision of electric energy and service, and the City reserves the right to grant to others the right to utilize the Rights-of-Way, to any person at any time during the period of this Franchise so long as such grant does not materially interfere with the rights granted to Company herein and create an unsafe condition or unreasonably conflict between utilities based on industry standards utilized by cities and public utilities for managing rights-of-way. SECTION 5. Notice of Acceptance and Term of Franchise. This Ordinance shall become effective upon being legally passed and adopted ("Effective Date") by the City Commission; and it is further agreed that Grantee shall accept this Franchise as of the date of the passage and adoption by the City Commission and shall signify its acceptance in writing within thirty (30) days after the City Commission's approval of this Ordinance by filing its written acceptance with the City Manager, with a copy to the City Attorney. If Grantee fails to accept this Franchise within thirty (30) days of its date of passage, then this Ordinance shall be null and void, and of no force and effect of any kind. Commencing on the Effective Date, the term of the Franchise granted herein shall be for a period of ten (10) years with an option to renew for an additional ten (10) years with the prior written approval of the parties. For purposes of calculating the ten (10) year term, the first day of this Franchise shall be March 24, 2014. SECTION 6. Payment to City. (A) Effective the first day of the second month beginning after the Effective Date of this ordinance, City shall be entitled to receive from Company a monthly franchise amount that will equal six percent (6%) of Company's Base Revenues (the "Franchise Fee") for the preceding month, which amount shall be the total compensation due City for any and all rights, authority and privileges granted by this Franchise, including compensation for any required permits, parking fees, or any other fee or cost related to the rights granted hereunder or to do business within the Franchise Area. Any franchise amounts that will be paid to the City will be collected by the Company from Company's customers in the Franchise Area and passed through to the City in the manner described herein. The City expressly acknowledges that no additional or other amounts shall be due or remitted by Company for the exercise of its rights granted hereunder. Payment shall be made to City for each month no later than the twentieth (20th) day of the following month. The monthly payment shall be made by wire transfer. Any monthly payment or any portion thereof made twenty (20) days after the due date without good cause shall be subject to interest calculated at the rate of ten percent (10%) per annum until all payments are paid in full. City of Winter Springs Ordinance No. 2014-07 Page 6 of 13 (B) Only disputed amounts shall be allowed to be withheld by Company, and any such amounts shall not accrue any interest during the pendency of any such dispute. (C) The City acknowledges that all classifications and categories of customers of Company shall be subject to the payment of the Franchise Fee due hereunder subject to applicable rules of the Public Service Commission. SECTION 7. Favored Nations. (A) In the event Company shall hereafter accept an electric utility franchise ordinance from any municipality providing for the payment of a franchise fee in excess of that provided for in Section 6 above , or by providing another municipality more favorable terms, as to the subject matter of Section 6(A) above, Company shall notify City, and City reserves the right to amend this Franchise to increase the franchise fee payable under this Ordinance to no more than the greater franchise fee that Company has agreed to pay to such other municipality. Company's obligation to pay such greater franchise fee to City shall apply prospectively beginning with the next monthly franchisee fee payment following City's timely notice of its exercise of its amendment right to which Company may collect such increased fee from its customers. Company's failure to notify City of such additional payments does not limit City's right to amend to require such additional franchise fees. (B) It is the intent and agreement of City and Company that Company shall not be required to pay City a franchise fee under Section 6 of a percentage greater than that paid to City by any other Electric Utility or Electric Energy Provider utilizing City's Rights-of-Way on such Electric Utility's or Electric Energy Provider's revenues attributable to services that are the same or substantially the same as those performed by Company. It is further the intent and agreement of City and Company that Company should not be placed at a competitive disadvantage by the payments required by Section 6 of this Ordinance in the event other Electric Utilities or Electric Energy Providers provide services in competition with Company without utilizing City's Rights- of-Way. Company agrees that City shall have the right and the sole responsibility, to the fullest extent provided by law, to enforce and collect a franchise fee under this Section from other Electric Utilities or Electric Energy Providers. (C) If City imposes a lesser fee, or no fee, or is unable to impose a fee on another Electric Utility or Electric Energy Provider providing or seeking to provide services in competition with Company to customers within City's municipal boundaries, whether utilizing City's Rights-of-Way or not utilizing City's Rights-of-Way, Company's fee under Section 6 for such services shall be automatically reduced to the lesser fee charged the other Electric Utility or Electric Energy Provider (or to zero, if no fee is charged such other Electric Utility or Electric Energy Provider). In all events, City shall not grant more favorable treatment to other Electric Energy Providers than is granted to Company under this Ordinance, it being the intent of the parties that no future provider of electric service, be it generation, transmission or distribution service, to customers within the corporate limits of City shall be given a competitive advantage over Company. City of Winter Springs Ordinance No. 2014-07 Page 7 of 13 SECTION 8. City Rights. The right is hereby reserved to the City to adopt such regulations as it shall find necessary in the exercise of its police power, provided that such regulations, by ordinance or otherwise, shall not be arbitrary and capricious, and shall not be in conflict with the laws of the State of Florida or the lawful regulations of any state agency possessing the power to regulate the activities of the Company, or conflict with or otherwise materially interfere with the benefits conferred on the Company hereunder. In the event of a conflict between this Franchise Agreement and any other ordinance or regulation adopted by the City relating to Company's rights to perform work in and/or occupancy of the Rights-of-Way as permitted hereunder, the rights under this Franchise Agreement shall govern and control. SECTION 9. Work In Rights-Of-Way. The Company is hereby granted the right, authority and privilege to perform all necessary work and excavations in said Rights-of-Way of the City related to its Facilities and necessary or incidental to carrying out such rights and obligations as permitted hereunder subject to the City permit requirements set forth in Section 4 (A). The Company shall have the right to fasten and to stretch and lay along the lines of said poles, conduits, pipes and cables necessary for transmitting and conveying the electric current to be used in the Company's business, together with all the right and privileges necessary or convenient for the full use including the right to trim, cut and keep clear all trees and limbs near or along Company's Facilities that may in any way endanger the proper operation of same. Moreover, the Company shall have the right to construct, erect, operate and maintain within the City an electric system consisting of its Facilities for carrying on the Company's business; provided that, in accomplishing these purposes, the streets of said City shall not be unnecessarily obstructed for an unreasonable amount of time and work in connection therewith shall be done and carried on in conformity with such reasonable rules, standards, regulations and local ordinances with reference thereto as may be adopted by the City for the protection of the public and which are not in material conflict with or otherwise materially interfere with the benefits conferred on the Company hereunder. Nothing in this Ordinance shall be considered as a surrender by City of its right and power to use and relocate the use of and to reasonably relocate the uses within, its Rights of Way. SECTION 10. Indemnification. (A) The acceptance of this Franchise by Company shall be deemed an agreement on the part of Company to indemnify City and its employees and hold them harmless against any and all direct damages, claims, expenses, reasonable attorneys' fees (including appellate fees) and costs that City and its employees may incur to the extent arising out of or resulting from the negligence, default, or misconduct of Company, its contractors and agents in the construction, repair, operation, or maintenance of its electric utility Facilities hereunder. In no event shall City of Winter Springs Ordinance No. 2014-07 Page 8 of 13 Company be liable to the City for any consequential, incidental, punitive, exemplary, multiple, or indirect damages. (B) Company shall maintain throughout the term of this Franchise sufficient financial resources to provide self-insurance insuring City and Company with regard to all damages set forth in Section 8(A) in the minimum amounts of: (i) $1,000,000 for bodily injury or death to a person; $3,000,000 for bodily injury or death resulting from any one accident. (ii) $500,000 for property damage resulting from any one accident. (iii) $1,000,000 for all other types of liability. (C) City acknowledges that Company provides its own liability insurance (self-insured). Upon request by the City, Company will submit documentation that it has accumulated sufficient financial resources in order to provide insurance coverage as indicated in this Section. SECTION 11. Records and Reports. (A) Company Rules and Regulations. The following records and reports shall be available to City upon City's reasonable request: copies of rules, regulations, terms and conditions adopted by Company that relate to Company's use of City's Rights-of-Way. (B) Accounting. Company shall use the system of accounts and the form of books, accounts, records, and memoranda prescribed by the Florida Public Service Commission or such other applicable governing agency having jurisdiction over Company. (C) Reports. Company will submit monthly a statement of its estimated Base Revenues for the period on which such payment is based in such reasonable form which is sufficient to show the source and method of computation of Base Revenues and the amount of Franchise Fees owned. The acceptance of any statement or payment shall not prevent the City from asserting that the amount paid is not the amount due, or from recovering any deficit by any lawful proceeding, including interest to be applied at the rate set forth in Section 6(A). (D) Availability of Records and Reports. Company shall supply information that City or its representatives may from time to time reasonably request relative to the calculation of franchise fees. Such records shall, on written request of City, be open for examination and audit by City and City's representatives at Company's headquarters in St. Petersburg, Florida, during ordinary business hours and such records shall be retained by Company for a period of three (3) years. Company and City may also agree to exchange such information by electronic communication to the extent feasible and practicable. (E) Audit. City may require, upon prior written notice and during Company's normal business hours, an audit of Company's books related to this Agreement not more than once every five (5) years and then only for the preceding three years. Company will reimburse City's audit costs if the audit identifies errors in Company's franchise Base Revenues of five City of Winter Springs Ordinance No. 2014-07 Page 9 of 13 percent (5%) or more for the period audited. If an underpayment of franchise fees has occurred due to the Company's error, interest will be calculated for each month of the underpayment period computed at a rate of ten(10)percent per annum. Both the underpayment and interest shall be paid within sixty (60) days from completion of the audit. SECTION 12 Retail Wheeling. In the event the appropriate governmental authorities authorize Retail Wheeling, then either party, if Adversely Affected thereby, may reopen this ordinance upon thirty(30) days written notice to the other for the sole purpose of addressing the Franchise Fee payments between The Company and The City. If the parties are unable to agree within ninety (90) days of reopening, either party may declare an impasse and may file an action in the Circuit Court in Seminole County, Florida for declaratory relief as to the proper Franchise Fee in light of Retail Wheeling. SECTION 13. Renewable Energy. (A) Nothing contained in this Ordinance shall be construed as prohibiting or impeding the residents, businesses, and inhabitants within the incorporated area of the City from installing and using renewable energy systems provided the renewable energy systems referred to are otherwise permitted by Florida law. (B) City may, if permitted by law, (i) generate electric capacity and/or energy at any facility owned by the City for storage or utilization at that facility or other City facilities, operations or equipment; (ii) use renewable energy sources to generate electric capacity and/or energy for use in demonstration projects or at City's facilities, operations or its equipment; and (iii) sell electric capacity and/or energy to Company or other wholesale purchaser in compliance with applicable rules and regulations controlling such transactions. SECTION 14. Severability. Should any section or provision of this Ordinance or any portion thereof, the deletion of which would not adversely affect the receipt of any material benefits or, substantially increase the burden of any party hereunder, be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder, as a whole or any part thereof, other than the part declared to be invalid. In the event of any such partial invalidity, City and Company shall meet and negotiate in good faith to obtain a replacement provision that is in compliance with the judicial authority's decision. SECTION 15. Governing Law and Venue. (A) This Ordinance shall be construed and interpreted according to the laws of the State of Florida. City of Winter Springs Ordinance No. 2014-07 Page 10 of 13 (B) In the event that any legal proceeding is brought to enforce the terms of this Ordinance, the same shall be brought in Seminole County, Florida, or, if a federal claim, in the U.S. District Court in and for the Middle District of Florida, Orlando Division. SECTION 16. Merger. The terms and conditions set forth herein, upon written acceptance of Company, shall constitute the full, complete and entire understanding and agreements of the parties as to its subject matter, and the written terms supersede all prior contemporaneous representations, discussions, negotiations, understanding and agreements relating to the subject matter of this agreement. The parties shall not be bound or liable for any statement, prior negotiations, correspondence, representation, promise, draft agreements, inducements, or other understanding of any kind or nature not set forth or provided herein. SECTION 17. Notices. Except in exigent circumstances, all notices by either City or Company to the other shall be made by depositing such notice in the United States Mail, Certified Mail return receipt requested or by recognized commercial delivery, e.g. FedEx, UPS or DHL or facsimile. Any notice served by certified mail return receipt shall be deemed delivered five (5) days after the date of such deposit in the United States mail unless otherwise provided. Any notice given by facsimile is deemed received by next Business Day. "Business Day" for purposes of this section shall mean Monday through Friday, with Saturday, Sunday and City and Company observed holidays excepted. All notices shall be addressed as follows: To City: To Company: City Clerk External Relations Department 1126 East State Road 434 Duke Energy Services Company, LLC Winter Springs, FL 32708 P.O. Box 14042 Phone: (407) 327-5955 St. Petersburg, FL 33733-4042 Facsimile No.:(407) 327-4653 Facsimile No.: (727) 820-5715 The aforementioned contact information may be freely amended by either party by providing written notice to the other party. SECTION 17. Non-Waiver Provision. The failure of either party to insist in any one or more instances upon the strict performance of any one or more of the terms or provisions of this Ordinance shall not be construed as a waiver or relinquishment for the future of any such term or provision, and the same shall continue in full force and effect. No waiver or relinquishment shall be deemed to City of Winter Springs Ordinance No. 2014-07 Page 11of13 have been made by either party unless said waiver or relinquishment is in writing and signed by the parties. SECTION 18. Repealer And Superseding Provision. Ordinance No. 290, passed and adopted March 27, 1984, and Ordinance No. 297, passed and adopted June 26, 1984, and all other prior ordinances and parts of prior ordinances and all prior resolutions and parts of prior resolutions in conflict herewith, are hereby repealed SECTION 19. Dispute Resolution. It is in the best interests of the City and Company to avoid costly litigation as a means of resolving disputes which may arise hereunder under this Ordinance. Accordingly, the Company and City agree that prior to pursuing their available legal remedies, the City and Company will meet in an attempt to resolve any differences. If such informal effort is unsuccessful, then the Company or the City may exercise any of their available legal remedies. SECTION 20. City's Taxing Authority. Nothing in this Ordinance shall prevent the City from levying and collecting taxes and assessments as City may from time to time be empowered by law to levy and collect provided such taxes and assessments shall be applied in accordance with law and shall not constitute an additional fee for Company's use of the Rights-of-Way. Such taxes and assessments shall not be considered part of the Franchise Fee authorized by this Ordinance. SECTION 21. Annual Service Review Meeting. The Company and City will endeavor to cooperate regarding Company providing electric utility services within the City. Commencing on or about April 1, 2015 and each year thereafter, the Company and City agree to hold an annual service review meeting at Winter Springs City Hall. The City will be responsible for coordinating the meeting. The purpose of the meeting will be to discuss electric service related issues including, but not limited to, reliability, upcoming capital projects and enhancements and any other specific concerns or issues of the City and Company. City of Winter Springs Ordinance No. 2014-07 Page 12 of 13 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 24th day of March, 2014. FIRST READING AND PUBLIC HEARING: March 10, 2014. SECOND READING AND PUBLIC HEARING: March 24,2014. ATTE` : ec„,./ ndre 4o moo-Lucas,City Clerk Charles Lacey,Ma, Approved as to form and legality for the Use and re Vance by the City of Winter Springs,Florida, only f,I�. , Anthony Garganese, City Attorney The terms and conditions of this Ordinance are hereby duly accepted by Company on this say of %2014: AI Pr Robert A e '.nder Gle I , State President Duke Energy Florida, Inc. DUKE ENERGY,INC. LEGAL DEPLEGAL DEMMENT APPROVED BY: DATE: ' City of Winter Springs Ordinance No. 2014-07 Page 13 of 13 4' DUKE 299 First Avenue N. St. Petersburg, FL 33701 ENERGY® Mailing Address: PEF-16/P.O.Box 14042 St. Petersburg, FL 33733 0 727.820.5141 f:727.820.5519 April 7, 2014 Mr. Anthony Garganese Brown, Garganese, Weiss & D'Agresta, P.A. P.O. Box 2873 Orlando, FL 32802-2873 Dear Mr. Garganese: Enclosed is the original signed Winter Springs franchise agreement including Duke Energy's acceptance letter. I would like to request a certified copy be sent to my attention for our files. Thank you. Sincerely,9JL nna Wilkinson Executive Assistant to Laura Boisvert Community Relations & Economic Development qf(q/1 f • Arp_Ar*—/ (51) ,/ PP"- K- l