Ordinance 2019-537 - Laserfiche WebLink

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Page 8 of 15 the City's facilities to be served under the offer. FPL shall thereafter have 90 days to evaluate the offer and, if FPL offers rates, terms and conditions which are equal to or better than those offered by the other person, the City shall be obligated to continue to purchase from FPL electric capacity and/or electric energy to serve the previously identified facilities of the City for a term no shorter than that offered by the other person. If FPL does not agree to rates, terms and conditions which are equal to or better than the other person's offer, all of the remaining terms and conditions of this Franchise shall remain in effect. Section 8. Competitive Disadvantage; FPL's Rights. If the City grants a right, privilege or franchise to any other person to construct, operate or maintain electric light and power facilities within any part of the City's boundaries in which FPL may lawfully serve or compete on terms and conditions which FPL reasonably.determines are more favorable than the terms and conditions contained herein, FPL may at any time thereafter terminate this Franchise if such terms and conditions are not remedied within the time period provided hereafter. FPL shall give the City at least one hundred eighty 9tY (180) days advance written notice of its intent to terminate. Such notice shall, without prejudice to any of the rights reserved for FPL herein, advise the City of such terms and conditions that it considers more favorable and the objective basis or bases of the claimed competitive disadvantage. The City shall then have ninety (90) days in which to correct or otherwise remedy the terms and conditions complained of by FPL, and the City and FPL agree to negotiate in good faith toward a mutually acceptable resolution of FPL's claims during this 90-day period. If FPL reasonably determines that such terms or conditions are not remedied by the City within said time period, and if no mutually acceptable P resolution is reached by FPL and the City through negotiation, FPL may terminate this Franchise agreement by delivering written notice to the City's Clerk, City's Manager, and City's Attorney, and termination shall be effective ninety (90) days from the date of delivery of such notice. Nothing contained herein shall be construed as constraining the City's rights to legally challenge at any time FPL's determination leading to termination under this Section. Section 9. Legislative or Regulatory Action. If as a consequence of any legislative, regulatory or other action by the United States of America or the State of