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CASSELBERRY CITY COMMISSION Minutes of March 12, 2001 - Regular Meeting Page 2 of 19 The City Clerk read Ordinance 01-1011 by title as follows: "AN ORDINANCE OF THE CITY OF CASSELBERRY, FLORIDA SETTING FORTH CONDITIONS FOR GRANTING A FRANCHISE TO BUILD, OWN AND OPERATE ELECTRIC DISTRIBUTION LINES AND ASSOCIATED FACILITIES WITHIN THE CITY OF CASSELBERRY; OUTLINING THE TERMS AND CONDITIONS UNDER WHICH SUCH ANY NEW ELECTRIC DISTRIBUTION FRANCHISE SHALL OPERATE; OUTLINING FRANCHISEE'S DUTIES; OUTLINING CERTAIN SYSTEM STANDARDS; PROVIDING FOR FRANCHISE FEES; PROVIDING FOR SECURITY, INSURANCE, AND INDEMNIFICATION; PROVIDING FOR TERMINATION CRITERIA; PROVIDING FOR PURCHASE OPTION REQUIREMENT; PROVIDING FOR MAINTENANCE; PROVIDING FOR ASSIGNMENTS; PROVIDING FOR THE TERMS UNDER WHICH ANY "HOLD OVER" FRANCHISEE WILL OPERATE PENDING THE NEGOTIATION OF A NEW FRANCHISE; PROVIDING FOR THE PURCHASE OF FRANCHISEE'S CAPITAL IMPROVEMENTS UPON TERMINATION OF FRANCHISE; PROVIDING FOR OBLIGATIONS OF HOLDOVER FRANCHISEES; PROVIDING FOR SEVERABILITY; PROVIDING FOR ENFORCEMENT; PROVIDING AN EFFECTIVE DATE." The Notice of Public Hearing relative to Ordinance 01-1011 was published in the Orlando Sentinel on March 1, 2001. The City Attorney recommended the following minor revisions to Ordinance 01-1011: SECTION 16. ASSIGNMENT. Franchisee may not sell or transfer the rights under an Electric Distribution Service Franchise without the consent and approval of the City eonneil Commission of the City of Casselberry. Nothing contained in this Section 15 shall preclude Franchisee from subcontracting its rights and obligations under an Electric Distribution Service Franchise to a qualified subcontractor for the provision of construction services, operation and maintenance services or otherwise. SECTION 17. TERMS GOVERNING "HOLDOVER " FRANCHISEES. In the event that any Franchisee has been granted a franchise by the City prior to the date of this Ordinance (a "Pre-existing Franchise') or if an Electric Distribution Service Franchise granted under this Ordinance is terminated, revoked, or expires then upon termination, revocation or expiration of said franchise, the following shall apply.- (]) pply:(1) Termination of Franchise. The City may in at its sole discretion, either terminate the f•anchise rights of Franchisee or enter into negotiations for a new franchise consistent with the requirements of this Ordinance. (2) Interim Rights of Parties. If the City chooses to enter into negotiations with a Franchisee under Section 17(1) above, or if a Pre-existing Franchise expires under its own terms, or if an termination event under Section 13 occurs, then Franchisee shall be considered a tenant at sufferance on the City's property, streets and rights-of-way and shall be obligated to continue to perform its obligations under the terms of the terminated or expired Pre-existing Franchise or Electric