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OR BK 3638 PGI 354
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<br /> residential, commercial, and industrial customers and City sponsored street lighting all within the
<br /> corporate limits of the City.
<br /> (F) "Person"-Any person, firm, partnership, association, corporation, company or
<br /> organization of any kind.
<br /> (G) "Rights-of-Way"-All of the public streets, alleys, highways, waterways, bridges,
<br /> easements, sidewalks and parks of the City, as they now exist or may be hereafter constructed,
<br /> opened, laid out or extended within the present limits of the City, or in such territory as may hereafter
<br /> be added to, consolidated or annexed to the City.
<br /> (H) "Retail Wheeling"-A customer/supplier arrangement whereby an electric energy provider
<br /> utilizes transmission and/or distribution facilities of Grantee to make energy sales directly to an end
<br /> use customer located within the Franchise Area.
<br /> (I) "Adversely Affected"- For the Grantee, a loss of one percent (1%) of Base Revenues
<br /> within the corporate city limits due to Retail Wheeling. For the Grantor, a loss of one percent (1%)
<br /> of franchise fees due to Retail Wheeling.
<br /> SECTION 4: Grant of Authority.
<br /> (A)There is hereby granted by Grantor,to Grantee,the right and privilege to construct, erect,
<br /> operate, own and maintain, in, upon, along, across, above, over and under Rights-of-Way now laid
<br /> out or dedicated, and all extensions thereof, and additions thereto in the corporate city limits, poles,
<br /> wires, cables, underground conduits, manholes, fiber optic cable for its own use and other fixtures
<br /> necessary or proper for the maintenance and operation of its Electric Utility System, provided that
<br /> all portions of the same shall conform to the National Electrical Safety Code. This Franchise is
<br /> awarded subject to the provisions of general or special laws of Florida now existing or hereinafter
<br /> enacted. This grant of authority is limited to the provision by Grantee of electric utility services.
<br /> Grantee agrees that without the prior written permission of Grantor, it will not allow any entity
<br /> providing a wireless communication system to acquire rights to occupy Rights-of-Way under this
<br /> Franchise. In the event Grantee desires to use its existing facilities, or construct new facilities, in
<br /> order to provide public communications, leased fiber optic capacity, or video services to existing or
<br /> potential consumers, Grantee must obtain additional and separate permission from Grantor for such
<br /> activities.
<br /> (B) Annexation or Contraction. Grantee agrees that the Franchise Area is subject to
<br /> expansion or reduction by annexation and contraction of municipal boundaries. If Grantor approves
<br /> any Franchise Area expansion or reduction by annexation or contraction, Grantor will provide w tten
<br /> Grantee. Grantee must revise its payments due to anyexpansion or reduction byannexation
<br /> notice to p ym p
<br /> within a reasonable time after notice to Grantee, but no later than sixty (60) days after receipt of
<br /> notice.
<br /> (C) Non-Exclusive Use. The right to use and occupy Rights-of-Way for the purposes herein
<br /> set forth shall be non-exclusive and the Grantor reserves the right to grant a similar use of said
<br /> Rights-of-Way, to any person at any time during the period of this Franchise so long as such grant
<br /> does not materially and adversely impact Grantee's right to use and occupy Rights-of-Way as
<br /> aforesaid.
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