BE IT ENACTED BY THE TOWN COMMISSION OF THE TOWN OF SHALIMAR, FLORIDA:

SECTION 1. In consideration of the benefits that will accrue to the Town of Shalimar and the inhabitants thereof, Gulf Power Company, a corporation under the laws of the State of Maine, its successors and assigns, hereinafter sometimes referred to as the Grantee, is hereby given, granted and vested with the right, authority, easement, privilege and franchise to construct, erect, suspend, install, extend, renew, repair, maintain, operate and conduct in said Town of Shalimar a plant or plants and system for the manufacture, transmission and distribution of electric energy for all purposes whatsoever.

SECTION 2. The said Grantee, its successors and assigns, is hereby further given, granted and vested with the right, authority, easement, privilege and franchise to construct, erect, suspend, install, extend, renew, repair, maintain, operate and conduct in said Town of Shalimar a system of poles, towers, conduits, cables, conductors, transforming stations, fittings, appliances and appurtenances necessary or desirable to the transmission, distribution or sale of electric energy for all purposes whatsoever in, over, under, along, upon and across all streets, avenues, alleys, ways, bridges and public places in said Town of Shalimar, as they now exist or as they may hereafter be laid out or extended within the present and future limits of said town, together with the further right, privilege and franchise to construct, erect, suspend, install, extend, renew, repair, maintain and operate a system of poles, towers, conduits, cables, wires, conductors, transforming stations, generating stations, fittings and all appliances and appurtenances necessary or desirable to the manufacture and transmission within, into, through, over and beyond said Town of Shalimar and to the furnishing, supplying and distributing to said town and to the inhabitants and corporations both within and beyond the limits thereof, of electric energy for lighting, heating, power and all other purposes for which electric energy may be used now or hereafter, and for the purpose of extending its lines and furnishing electric energy beyond the limits of said town.

SECTION 3. As a further consideration for the granting of the rights, privileges and franchises granted hereby, the Grantee, its successors and assigns, shall pay to the said town within thirty days after the first anniversary date of this date of this grant and within thirty days after each succeeding anniversary date of this grant, an amount which, added to the amount of all taxes (other than ad valorem taxes and excise taxes on sales payable by the public generally), licenses and other impositions and exactions levied or imposed by the said town upon Grantee’s property, business or operations for the preceding tax year, will equal three per cent of Grantee’s revenue from its sales of electric energy to customers served under all of its rate schedules within the corporate limits of the said town for the twelve fiscal months preceding the applicable anniversary date.

SECTION 4. The poles, towers, conduits, cables, conductors, transforming stations, generating stations, fittings, appliances and appurtenances shall be so constructed as not to unreasonably interfere with the proper use of the streets, avenues, alleys, ways, bridges and public places in the town and shall be maintained in reasonably good condition and repair.

SECTION 5. Whenever the Grantee Shall cause any openings or alteration to be made in any of the streets, avenues, alleys, ways, bridges or public places of the town for the purpose of installing, maintaining, operating or repairing any poles, towers, conduits, cables or other appliances, the work shall be completed within a reasonable time and the Grantee shall upon the completion of such work restore such portion of the streets, avenues, alleys, ways or other public places to as good condition as it was before the opening or alteration was so made.

SECTION 6. The Grantee shall hold the town harmless from any and all liability or damages resulting from the negligence of the Grantee, in the construction, maintenance or operation of said poles, towers, conduits, wires, cables and other appliances.

SECTION 7. The Grantee may, from time to time, declare, make and enforce reasonable rules and regulations as conditions for the sale, transmission and distribution by it of electric energy.

SECTION 8. In the event the supply of electric energy should be interrupted or fail by reason of accident or any cause beyond the control of the Grantee, the Grantee shall restore the service within a reasonable time and such interruption shall not constitute a breach of this franchise nor shall the Grantee be liable for any loss or damages by reason of such interruption or failure.

SECTION 9. The Grantee shall install and maintain, free of charge, meters for measuring current, and shall have free access to the premises of the consumer, from time to time, for the purpose of reading, repairing, testing and maintaining the meters and appurtenances. Such meters shall remain the property of the Grantee.

SECTION 10. The franchise granted by this ordinance shall exist and continue for a period of fifteen years only, and as a condition precedent to the taking effect of this grant, the Town of Shalimar does hereby reserve and the Grantee gives and grants to the said municipality, the right at and after the expiration of the said term to purchase the electric plant or other property used under or in connection with the franchise hereby granted or such part of such property as the municipality may desire to purchase at a valuation to be fixed in accordance with the provisions of Section 180.16, Florida Statutes; and the Grantee by its acceptance of this ordinance as provided by Section 14 hereof shall be deemed to have granted and given the municipality such right of purchase.

SECTION 11. The Grantee shall not sell or transfer any portion of its plant or system to another, nor transfer any rights under this franchise to another, without Grantor’s prior approval. No such sale or transfer shall be effective until the vendee, assignee or lessee has filed with the Grantor an instrument, duly executed, reciting the fact of such sale, assignment or lease, accepting the terms of the franchise, and agreeing to perform all the conditions thereof. The Grantor will not unreasonably withhold its consent to the transfer of this franchise.

SECTION 12. Upon the annexation to the said Town of Shalimar of any territory not within any other incorporated city or town, any portion of the electric plant and electric transmission and distribution system of the Grantee that may be located within such annexed territory and upon the streets, alleys or public grounds thereof shall thereafter be subject to all other terms of this ordinance as though such portion were an extension made under this ordinance.

SECTION 13. Whenever in this ordinance either the Town of Shalimar or the Grantee is named or referred to, it shall be deemed to include the respective successor, successors or assigns of either, and all rights, privileges and obligations herein conferred shall bind and inure to the benefit of such successor, successors or assigns of said town or of the Grantee.

SECTION 14. The Grantee, its successors or assigns shall, within ninety (90) days after passage of this ordinance, file its written acceptance of the ordinance with the Clerk of the Town.

SECTION 15. All ordinances or parts or ordinances in conflict herewith be, and the same are, hereby repealed.

SECTION 16. This ordinance shall be published by posting it at the door of the Town Hall and at one other public place in said town for thirty (30) days after its passage.