03-1086 Electric Utility Franchise Agreement - Progress Energy

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ORDINANCE NO. 03-1086 AN ORDINANCE GRANTING TO FLORIDA POWER CORPORATION dba PROGRESS ENERGY FLORIDA, INC. A NON-EXCLUSIVE ELECTRIC UTILITY FRANCHISE: PRESCRIBING THE TERMS AND CONDITIONS ACCOMPANYING THE GRANT OF FRANCHISE: PROVIDING FOR SEVERABILITY OF CERTAIN PROVISIONS: AND PROVIDING AN EFFECTIVE DATE. BE IT ENACTED BY THE COMMISSION OF THE CITY OF CASSELBERRY, FLORIDA: SECTION 1. Findinl!s. Grantor deems it necessary, desirable and in the interest of its citizens to enact an ordinance granting to Grantee a non-exclusive electric utility franchise within the Rights- of-Way in the City of Casselberry, Florida. SECTION 2. Short Title. This ordinance shall be known and may be cited as the "Progress Energy Florida, Inc. Electric Franchise." 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) "Base Revenues" means Grantee'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. (B) 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 Grantor 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 Grantee's distribution or other facilities. Without limitation