AGENDA 1. CALL TO ORDER. 2. INVOCATION Pastor Dave White, Word of Life Christian 3. PLEDGE OF ALLEGIANCE TO THE FLAG

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1 Please note that the format of this Agenda and the Order of Business has a new look and order, consistent with recent discussions by the City Commission as part of an overall Agenda/Order of Business project. This new format will be followed as part of the process of finalizing changes that will ultimately be codified in the City Code. Thoughts and comments from the Public regarding these changes are welcomed and there will be opportunity to speak publicly on this topic at an upcoming meeting when formal ordinance changes are proposed. CITY OF BARTOW CITY COMMISSION REGULAR MEETING MONDAY, JUNE 6, 2016 AT 6:30 P.M. (EST) OR AS SOON THEREAFTER AS POSSIBLE CITY HALL COMMISSION CHAMBERS, 450 NORTH WILSON AVENUE, BARTOW, FL CALL TO ORDER AGENDA 2. INVOCATION Pastor Dave White, Word of Life Christian 3. PLEDGE OF ALLEGIANCE TO THE FLAG 4. PROCLAMATIONS AND SPECIAL PRESENTATIONS 4.01 Issuance of proclamation recognizing Juneteenth National Freedom Day. Being accepted by Rufus Stephens, Bartow Front Porch Council Chairperson. 5. GENERAL PUBLIC COMMENT At this time, the Commission will receive comments from the public regarding matters not appearing on this agenda. 6. CITY ANNOUNCEMENTS 7. REPORTS OF CHARTER OFFICERS 7.01 City Manager Communications 7.02 City Attorney Communications 8. AGENDA MODIFICATION/APPROVAL 9. PUBLIC COMMENT ON AGENDA ITEMS At this time, the Commission will receive comments from the public regarding matters that appear on this agenda, not otherwise scheduled for a separate Public Hearing. 10. HEARINGS FIRST AND SECOND READINGS First reading and consideration of Ordinance No An Ordinance relating to regular Commission meetings; amending Section 2-36 and 2-39 of the Code of Ordinances of the City of Bartow; amending the time of meetings and updating the order of business of regular Commission meetings; providing for an effective date.

2 City Commission Regular Meeting Monday, June 6, 2016 Page 2 of First reading and consideration of Ordinance No An Ordinance granting to Duke Energy Florida, LLC d/b/a Duke Energy, a non-exclusive electric utility rights of way utilization franchise; prescribing the terms and conditions related to the occupancy of municipal streets and rights of way in the City of Bartow, Florida, for the purpose of providing electric service; providing for severability of provisions; and providing an effective date. 11. CONSENT AGENDA Approval of May 16, 2016 City Commission Work Session minutes Approval of May 16, 2016 City Commission Regular Meeting minutes Approval to reappoint Alvin Smith to the Housing Authority of Bartow. The term will expire April Approval to appoint Lesley Green to the Citizen s Advisory Committee. The term will expire September Approval of City Commissioner absence(s) for May 16, 2016; excusal(s): None. 12. OTHER COMMISSION BUSINESS OLD BUSINESS None NEW BUSINESS Consideration and Approval of Right-of-Way Use Agreement with Polk County for Covered Walkway/New Parking Garage Consideration and Approval of new territorial agreement with Duke Energy Approval to appoint a Voting Delegate to the 90 th Annual Florida League of Cities Conference being held August 18 through August 20, 2016 at the Diplomat Resort, Hollywood, FL. 13. RESOLUTIONS Resolution No R a resolution amending the Fiscal Year annual budget of the City of Bartow. 14. COMMISSIONER COMMENTS JAMES F. CLEMENTS W. PATRICK HUFF LEO E. LONGWORTH W.H. BILLY SIMPSON TRISH PFEIFFER

3 City Commission Regular Meeting Monday, June 6, 2016 Page 3 of ADJOURNMENT Please be advised that if you desire to appeal from any decisions made as a result of the above hearing or meeting, you will need a record of the proceedings and in some cases a verbatim record is required. You must make your own arrangements to produce this record. (Florida Statute ). If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the City Clerk s Office at 450 N. Wilson Avenue, P.O. Box 1069, Bartow, Florida or phone (863) within 2 working days of your receipt of this meeting notification; if you are hearing or voice impaired, call Posted at City Hall, Bartow Public Library the City s Website on June 2, 2016.

4 CITY OF BARTOW Welcome to the City of Bartow's City Commission meeting. We are glad you are here and we appreciate your interest in our Community. We value your comments and participation. To assist you in making presentations to the City Commission, please consider the following procedural guidelines. +!+ We do not generally allow comments during our work session unless they are specifically asked for by the Mayor or Commission to clarify an item. If comments are solicited, we ask you to subject yourself to a maximum three minute comment. We ask that you be patient and save your comments for the regular Commission meeting. +!+ Each speaker shall provide his or her name and address to the Clerk on our Speaker's Identification form prior to the beginning of the meeting. +!+ We encourage you to speak and become active in your city but please do so at the appropriate time on the agenda. +!+ Comments on items scheduled for Public Hearing will be allowed only during the announced Public Hearing time frame. +!+ In the meeting section titled "Consideration of Questions from the floor, Petitions and Communications", you may comment on any other matters, subject to a maximum time limit of three minutes to speak. In the event of a large number of speakers in a particular meeting, your time may be limited in order to allow all an opportunity to speak. Speakers going over the allotted time limit may be called out of order by the Mayor and asked to return to their seats. +!+ While speaking, speakers shall refrain from personal attacks, abusive language, issues in litigation or under investigation, and issues that the Commission deems as not falling within their area of responsibility. These guidelines are intended to help us streamline our meeting time so that we may conduct business in an orderly manner on your behalf. It is not our intent to keep our citizens from participating in the democratic process. We are glad you are here and hope you find your experience with your City Government a good one. Thank you for attending. O{{!}& Iu6to~ eo./)jl (j to~ Ij/e;/ 450 NORTH WILSON AVENUE rv P.O. BOX 1069 rv BARTOW, FLORIDA rv

5 First Reading of Ordinances ORDINANCE ADOPTION PROCEDURE 1. After the caption of the Ordinance is read, the motion should be to set the same for public hearing (or to continue to a time certain - in which event there shall be an immediate vote on the motion to continue; if that motion fails, the following process would continue): 2. After the motion is seconded, the Mayor announces that this is not a public hearing. 3. The Mayor may then (but needn't) call on Staff to explain the Ordinance. The Staff report shall not exceed ten (10) minutes. 4. The City Commissioners may direct questions to Staff. 5. The Mayor asks the Clerk to call the roll for a vote. Only under extraordinary circumstances should this vote be negative (and never regarding a quasi-judicial matter, such as zonings, rezonings, plat approvals, etc.). Second Reading of Ordinances 1. After the caption of the Ordinance is read, the motion should be to adopt or to defeat the Ordinance (or to continue to a time certain -in which event there shall be an immediate vote on the motion to continue; if that motion fails, the following process would continue): 2. After the motion is seconded, the Mayor announces that this is a public hearing and announces the following procedure and that it shall apply to all second readings on the Agenda: (a) First Staff shall explain the Ordinance. The Staff presentation shall not exceed ten (10) minutes. (b) (c) (d) (e) (f) (g) (h) The Applicant and/or his representatives shall then speak. They shall initially have a maximum of fifteen (15) minutes and may have a maximum of five (5) minutes for rebuttal after all members of the public have had an opportunity to speak. Members of the public shall have a maximum of five (5) minutes each to present their views. A member of the public may have a maximum of fifteen (15) minutes if he represents at least two other persons who are present and yield their time to him, and he makes this known to the Mayor prior to the meeting. City Commissioners may direct questions to any speaker (whose time to speak shall not be affected by the length of their answers). Speakers should not be redundant by repeating remarks of previous speakers, although they are welcome to announce their approval of previous remarks by other speakers. Addressing the Commissioners without being recognized, clapping, shouting, hooting and the like from the audience will not be tolerated, nor will personal attacks by speakers. Within these parameters, everyone who wishes to speak shall be given that opportunity. 3. When all the speakers have been heard, the Mayor closes the public hearing, asks for comments from the Commissioners and then asks the Clerk to call the roll for a vote.

6 ~roclamatfon Wh~reas, June 19, 2015, marks the 151 st anniversary of Juneteenth; and Whereas, Juneteenth commemorates the day freedom was proclaimed to all slaves by Union General Gordon Granger, on June 19, 1865, in Galveston, Texas, more than two and a half years after the signing of the Emancipation Proclamation by President Abraham Lincoln; and Whereas, former slaves in Texas began to observe June 19 as the anniversary of their emancipation and coined the term "Juneteenth"; and Whereas, Juneteenth is the oldest nationally celebrated commemoration of the ending of slavery in the United States, and is also known as "Juneteenth National Freedom Day," "Emancipation Day," and "African American Independence Day"; and Whereas, Juneteenth commemorates the survival, strength and determination of African-Americans through extreme adversity, hardship and triumph; and today emphasizes African-American education, culture, art, history and achievement; and Whereas; the nineteenth of June, along with the fourth of July, completes the cycle of freedom for Independence Day observances in America; and Whereas, forty-one states, including Florida, recognize the nineteenth day of June as Juneteenth National Freedom Day, to commemorate the end of slavery in the United States and to demonstrate racial reconciliation and healing from the legacy of slavery; NOW, THEREFORE, I, Trish Pfeiffer, by virtue of the authority vested in me as Mayor of the City of Bartow, Florida, do hereby proclaim June 19, 2016 as: "JUNETEENTH NATIONAL FREEDOM DAY" In the City of Bartow, Florida, and urge all citizens to take this opportunity to reflect and quantify the significant role that African-Americans have played in the history of the United States and in Bartow, Florida; and to participate in the Juneteenth Festival, June 11th and 18 th, IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Bartow, to be affixed this 16 th day of May, CITY OF BARTOW ATTEST WITH SEAL: By: City Clerk Jacqueline Poole

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9 Item No ORDINANCE NO AN ORDINANCE RELATING TO REGULAR COMMISSION MEETINGS; AMENDING SECTIONS 2-36 AND 2-39 OF THE CODE OF ORDINANCES OF THE CITY OF BARTOW; AMENDING THE TIME OF MEETINGS AND UPDATING THE ORDER OF BUSINESS OF REGULAR COMMISSION MEETINGS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has previously passed ordinances setting and determining the dates and times ofthe regular Commission meetings and the order of business during the same; and WHEREAS, recently, the City Commission has determined that an earlier start to the regular meeting is desirable would better serve the interests of the citizens of the City, and that general editorial changes are also needed to the particular section of the Code dealing with regular meetings; and WHEREAS, the City Commission has experimented with several versions of a meeting agenda order, taking into account the efficiency of conducting business, allowing for all required and appropriate public comment, and has found that a more flexible order of business during regular Commission meetings, and the ability to adjust the agenda order of business from time to time would better serve the interests of the citizens of the City; NOW THEREFORE, Be it enacted by the people of the City of Bartow: SECTION 1: Sections 2-36 and 2-39 of the Code of Ordinances will be revised as set forth in Exhibit 'A' to this ordinance, a copy of which is attached hereto and incorporated herein, such copy consisting of 1 numbered page. In accordance with (2}, Florida Statutes, added language to existing code provisions will be underlined and deleted language from existing code provisions will be stricken through.

10 SECTION 2: All existing ordinances of the City of Bartow in conflict with this ordinance are repealed to the extent necessary to give this ordinance full force and effect. SECTION 3: If any provision or portion of this ordinance is declared by a court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining portions, provisions, and regulations of this ordinance will remain in full force and effect. SECTION 4: Any scrivener's error created as a result of the passage of this ordinance may be correct by City of Bartow staff, without further legislative action, so long as the intent of this ordinance is preserved, by filing a revised copy thereof with the City Clerk's office with the terms "Staff Revised" and the revision number in the style of the ordinance. Section 5. It is the intent of the City Commission that the provisions of Exhibit 'A' to this ordinance will be codified as and become and be made a part of the permanent Code of Ordinances of the City of Bartow. The provisions of Exhibit 'A' to this ordinance may be renumbered or relettered to accomplish such intention and the word "ordinance", or similar words, may be changed to "section," "article", or other appropriate word. Further, it is the intent of the City Commission that the implementing and instructional sections of this ordinance, Sections 1 through 6, will not be codified. The Code codifier is granted liberal authority to codify the provisions of Exhibit 'A' to this ordinance, including the authority to modify cross-references as he or she may see fit to capture the intent of this ordinance. Section 6. This ordinance will take effect immediately upon final passage.

11 INTRODUCED AND PASSED on first reading at the Regular meeting of the City of Bartow City Commission held this day of -', PASSED AND ADOPTED on second reading at the Regular meeting of the City of Bartow City Commission held this day of,' ATIEST: CITY OF BARTOW: City Clerk Mayor Approved as to correctness and form: Approved as to substance: City Attorney City Manager

12 Exhibit 'A' Sec Time for regular meetings; number thereof; meetings open to the public. The regular commission meetings of the.qgity.qgommission shall be held in the.qgity.qgommission chamber. in the.qgity t!aall on the first and third Mondays of each month commencing at 6:30 p.m. 6:00.QJ.ILHowever, a particular regular meeting may be rescheduled to a different time or date, or cancelled altogether, when circumstances arise that necessitate such a change to the regular schedule by affirmative majority vote of the.qgommission during a previously held regular meeting. In the event that unexpected circumstances arise between meetings that necessitate a change to the regular schedule of the next meeting, and those circumstances were not known at the time of the prior meeting at which a vote of the.qgommission could have been taken, such meeting may be cancelled or rescheduled by agreement of the.qgity Mmanager, or his or her designee, and the Mmayor, or if the Mmayor is unavailable, the ~v ice Mmayor. Rescheduled meetings shall be advertised in the same manner as regularly scheduled meets. Cancellations shall be made known to the public and media, as soon as reasonably possible when circumstances arise necessitating such cancellations. When a regularly scheduled.qgommission meeting falls on a legal holiday, the.qgommission shall meet on the Tuesday immediately following the first or third Monday unless otherwise changed by affirmative majority vote of the.qgommission as described above. Additionally, when the.qgity.qgommission chamber. ffi-are anticipated to be inadequate to accommodate a large number of citizens expected to be in attendance at a given meeting, the.qgommission may hold said regular meeting in a location more suitable for public participation upon prior affirmative vote of the.qgommission and public notice of the location. All meetings of the.qgity.qgommission shall be open to the public as prescribed by law. Sec Order of business. The following shall be the order for the transaction of business by the city commission at regular and special meetings of the commission: (1) Roll call. (2) Approval of minutes. (3) Consideration of questions from the floor, petitions and communications. (4) Public participation. (5) Reports of committees. (6) Reports of officers: a. City attorney; b. City manager; c. City auditor; d. City clerk. (7) Unfinished business. (8) New business. (9) Ordinances and resolutions. The order of business may be changed for any given meeting as might be convenient for the efficient conducting of city business, upon affirmative majority vote of the city commission. The City Commission will determine its own rules and order of business, which will be noted in the Commission's Policies and Procedures Manual. 1

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15 ORDINANCE NO: AN ORDINANCE GRANTING TO DUKE ENERGY FLORIDA, LLC d/b/a DUKE ENERGY, A NON-EXCLUSIVE ELECTRIC UTILITY RIGHTS OF WAY UTILIZATION FRANCHISE; PRESCRIBING THE TERMS AND CONDITIONS RELATED TO THE OCCUPANCY OF MUNICIPAL STREETS AND RIGHTS OF WAY IN THE CITY OF BARTOW, FLORIDA, FOR THE PURPOSE OF PROVIDING ELECTRIC SERVICE; PROVIDING FOR SEVERABILITY OF PROVISIONS; AND PROVIDING AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF BARTOW, FLORIDA: WHEREAS, the City Commission has previously approved and granted franchise rights to Duke Energy, and/or its predecessors in interest (see City of Bartow Ordinance ), and the City Commission deems that a continued franchise relationship with Duke Energy is in the best interests of its citizens; NOW THEREFORE BE IT ENACTED BY THE PEOPLE OF THE CITY OF BARTOW SECTION 1. Findings The City deems it necessary, desirable and in the best interests of its citizens to establish by ordinance a Rights of Way utilization franchise (sometimes referred to herein as the Franchise ) granting the Company permission to occupy the Rights of Way in the City of Bartow, Florida, for the purpose of providing electric services. SECTION 2. Short Title This ordinance shall be known and may be cited as the "Duke Energy Rights of Way Utilization 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) Adversely Affected means for the Company, a loss of one percent (1%) of Base Revenues within the corporate City limits due to Retail Wheeling. For the City, a loss of one percent (1%) of franchise fees due to Retail Wheeling. 1

16 (B) "Base Revenues" means all Company 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. (C) City or Grantor means the City of Bartow, Florida. (D) Company or Grantee means Duke Energy Florida, LLC d/b/a Duke Energy, its successors and assigns. (E) 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 City 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 Company s distribution or other facilities. Without limitation of the foregoing, Electric Energy Provider shall also include every electric utility, electric power marketer, or electric power aggregator. It shall also include every entity providing such services as metering, customer billing, payment collection and processing, and customer information and data processing. (F) Electric Utility shall have the meaning set out in Section (2), Florida Statutes (2010), and shall also include every electric Public Utility as defined in Section (1), Florida Statutes (2010). Electric Utility shall further include every investor owned, municipally or governmentally owned, or cooperatively owned electric utility (including their lessees, trustees or receivers), which owns, maintains, or operates an electric generation, transmission, or distribution system in any state or country. (G) "Electric Utility System" means an electric power system installed and operated in the Franchise Area in accordance with the provisions of the Florida Public Service Commission establishing technical standards, service areas, tariffs and operating standards, which shall include but not be limited to electric light, heat, power, and energy facilities, and a generation, transmission, and distribution system, with such extensions thereof and additions thereto as shall hereafter be made. (H) Facilities has the meaning as set forth in Section 4. (I) "Franchise Area" means that area for which Company provides electric utility service within the corporate City limits. (J) "Person" means any person, firm, partnership, association, corporation, company or organization of any kind. (K) Public Service Commission means the Florida Public Service Commission. 2

17 (L) Retail Wheeling means a customer/supplier arrangement whereby an Electric Energy Provider utilizes transmission and/or distribution facilities of Company to make energy sales directly to an end use customer located within the Franchise Area. (M) "Rights of Way" means all of the public streets, alleys, highways, waterways, bridges, sidewalks and parks, and any other public ways or places owned by the City, as they now exist or may be hereafter constructed, opened, laid out or extended within the present limits of the City, or in such territory as may hereafter be added to, consolidated or annexed to the City. SECTION 4. Grant of Authority (A) This grant of authority is limited to the provision by Company to place its Facilities within the Rights of Way for its electric utility services. Accordingly, the City hereby grants to the Company, its successors and assigns, the non-exclusive right, authority, and franchise to lay, erect, construct, maintain, repair and operate its Facilities in, under, upon, over and across the present and future Rights of Way, as they now exist or may be hereafter constructed, opened, laid out or extended within the present limits of the City, including but not limited to conduits, cables, poles, wires, supports and such other structures or appurtenances as may be reasonably necessary for the construction, maintenance and operation of an electric generation, transmission and distribution system, including information, telecommunication, and video transmission used solely for the provision of electric service (collectively the Facilities ), provided that all portions of the same shall conform to accepted industry standards, including but not limited to the National Electrical Safety Code. Nothing in this Ordinance shall require Company to remove, de-energize, or cease using any poles, wires, or other things or Facilities identified hereinabove that were in place under previous ordinances or permits prior to the Effective Date of this Ordinance, regardless of whether such poles, wires or other Facilities are located outside Rights of Ways as defined herein. Nor shall anything in this Ordinance prohibit Company from performing upgrades, replacements, maintenance or servicing of such poles, wires, or other Facilities after the Effective Date of this Ordinance. Rather, all such preexisting poles, wires, or other Facilities shall be authorized under this Ordinance. Because this Franchise is intended to grant Company the non-exclusive, but unrestricted right to place its Facilities within the Rights of Ways, the City expressly acknowledges and agrees that Company shall not be required to pull or pay for permits to perform any work maintenance activities on or related to its Facilities within the Rights of Ways. (B) Annexation or Contraction. City and Company agree that the Franchise Area is subject to expansion or reduction by annexation and contraction of municipal boundaries. If City approves any Franchise Area expansion or reduction by annexation or contraction, City will provide written notice to Company s Annexation Coordinator, at the address provided below, within sixty (60) days of such approval and this Franchise shall automatically extend to include any such annexed areas. 3

18 Additionally, within sixty (60) days of any such annexation or contraction, City shall provide to Company an updated list containing the new or removed street names, known street name aliases, street addresses, and zip codes associated with each street name. All notices of annexation or contraction and address listings shall be addressed to the Annexation Coordinator as follows with the address subject to change: Duke Energy Annexation Coordinator P. O. Box St. Petersburg, FL Or by to: Company must revise its payments due to any expansion or reduction by annexation within a reasonable time after Company has received such notice and updated list from City, but no later than sixty (60) days after receipt of notice and the list. City understands and affirmatively acknowledges that the Company will exclusively rely upon the City to provide timely and accurate information to the Company regarding any such annexations or contractions, and that failure to do so will impair, inhibit, and/or preclude the Company s ability to revise any payments due to the City that are impacted by such annexations or contractions. Further, City acknowledges that if such information is not timely furnished to Company as required herein, any related obligation to collect payments shall be suspended during the period of delay. (C) Non-Exclusive Use. The Company s right to use and occupy Rights of Way for the purposes herein set forth shall be non-exclusive as to entities not engaged in the provision of electric energy and service, and the City reserves the right to grant to others the right to utilize the Rights of Way, to any person at any time during the period of this Franchise so long as such grant does not create an unsafe condition or unreasonably conflict with the rights granted to Company herein. SECTION 5. Notice of Acceptance and Term of Franchise This ordinance shall become effective upon being legally passed and adopted ( Effective Date ) by the City Commission; and it is further agreed that Company shall accept this Franchise as of the date of the passage and adoption by the City Commission and shall signify its acceptance in writing within thirty (30) days after the City Commission s approval of this ordinance by filing its written acceptance with the City Clerk. If Company fails to accept this franchise within thirty (30) days of its date of passage, then this Ordinance shall be null and void, and of no force and effect of any kind. Commencing on the Effective Date, the term of the Franchise granted herein shall be for a period of ten (10) years with an option to renew for an additional ten (10) years with the prior written approval of the parties. SECTION 6. Payment to City (A) Effective the first day of the second month beginning after the Effective Date of this ordinance, City shall be entitled to receive from Company a monthly franchise amount that will equal six percent (6%) of Company s Base Revenues (the Franchise Fee ) for the 4

19 preceding month, which amount shall be the total compensation due City for any and all rights, authority and privileges granted by this Franchise, including compensation for any required permits, parking fees, or any other fee or cost related to the rights granted hereunder or to do business within the Franchise Area. Any franchise amounts that will be paid to the City will be collected by the Company from Company s customers in the Franchise Area and passed through to the City in the manner described herein. The City expressly acknowledges that no additional or other amounts shall be due or remitted by Company for the exercise of its rights granted hereunder. Payment shall be made to City for each month no later than the twentieth (20 th ) day of the following month. The monthly payment shall be made by wire transfer. Any monthly payment or any portion thereof made twenty (20) days after the due date without good cause shall be subject to interest calculated for each month of the underpayment period using the average monthly interest rate based on thirty (30) day commercial paper. (B) Only disputed amounts shall be allowed to be withheld by Company, and any such amounts shall not accrue any interest during the pendency of any such dispute. (C) The City acknowledges that all classifications and categories of customers of Company shall be subject to the payment of the Franchise Fee due hereunder. SECTION 7. Favored Nations (A) In the event Company shall hereafter accept an electric utility franchise ordinance from any municipality providing for the payment of a franchise fee in excess of that provided for in Section 6 above, Company shall notify Grantor, and City reserves the right to amend this Franchise to increase the franchise fee payable under this ordinance to no more than the greater franchise fee that Company has agreed to pay to such other municipality. Grantee's obligation to pay such greater franchise fee to City shall apply prospectively beginning with the next monthly franchisee fee payment following Grantor's timely notice of its exercise of its amendment right to which Company may collect such increased fee from its customers. Grantee's failure to notify City of such additional payments does not limit Grantor's right to amend to require such additional franchise fees. (B) It is the intent and agreement of City and Company that Company shall not be required to pay City a franchise fee under Section 6 of a percentage greater than that paid to City by any other Electric Utility or Electric Energy Provider utilizing Grantor's Rights of Way on such Electric Utility's or Electric Energy Provider's revenues attributable to services that are the same or substantially the same as those performed by Grantee. It is further the intent and agreement of City and Company that Company should not be placed at a competitive disadvantage by the payments required by Section 6 of this Ordinance in the event other Electric Utilities or Electric Energy Providers provide services in competition with Company without utilizing Grantor's Rights of Way. (C) If City imposes a lesser fee, or no fee, or is unable to impose a fee on another Electric Utility or Electric Energy Provider providing or seeking to provide services in competition with Company to customers within Grantor s municipal boundaries, whether utilizing Grantor s Rights of Way or not utilizing Grantor s Rights of Way, Grantee s fee under Section 6 for such services shall be automatically reduced to the lesser fee charged the other 5

20 Electric Utility or Electric Energy Provider, or to zero (0), if no fee is charged such other Electric Utility or Electric Energy Provider. In all events, City shall not grant more favorable treatment to other Electric Energy Providers than is granted to Company under this ordinance, it being the intent of the parties that no future provider of electric service, be it generation, transmission or distribution service, to customers within the corporate limits of City shall be given a competitive advantage over Company. SECTION 8. City Rights The right is hereby reserved to the City to adopt such regulations as it shall find necessary in the exercise of its police power, provided that such regulations, by ordinance or otherwise, shall be reasonable, and shall not be in conflict with the laws of the State of Florida or the lawful regulations of any state agency possessing the power to regulate the activities of the Company, or conflict with or otherwise interfere with the benefits conferred on the Company hereunder. In the event of a conflict between this Franchise Agreement and any other ordinance or regulation adopted by the City relating to Company s rights to perform work in and/or occupancy of the Rights of Way as permitted hereunder, the rights under this Franchise Agreement shall govern and control. SECTION 9. Work In Rights of Way The Company is hereby granted the right, authority and privilege to perform all necessary work and excavations in said Rights of Way of the City related to its Facilities and necessary or incidental to carrying out such rights and obligations as permitted hereunder. The Company shall have the right to fasten and to stretch and lay along the lines of said poles, conduits, pipes and cables necessary for transmitting and conveying the electric current to be used in the Company s business, together with all the rights and privileges necessary or convenient for the full use including the right to trim, cut and keep clear all trees and limbs near or along Company s Facilities that may in any way endanger the proper operation of same. Moreover, the Company shall have the right to construct, erect, operate and maintain within the City an electric system consisting of its Facilities for carrying on the Company s business; provided that, in accomplishing these purposes, the streets of said City shall not be unnecessarily obstructed for an unreasonable amount of time and work in connection therewith shall be done and carried on in conformity with such reasonable rules, standards, regulations and local ordinances with reference thereto as may be adopted by the City for the protection of the public and which are not in conflict with or otherwise interfere with the benefits conferred on the Company hereunder. SECTION 10. Indemnification (A) The acceptance of this Franchise by Company shall be deemed an agreement on the part of Company to indemnify City and hold it harmless against any and all direct damages, claims, expenses, reasonable attorneys fees (including appellate fees) and costs that City may incur to the extent arising out of or resulting from the negligence, default, or misconduct of Company, its contractors and agents in the construction, repair, operation, or maintenance of its electric utility Facilities hereunder. In no event shall Company be liable to City for any consequential, incidental, punitive, exemplary, multiple, or indirect damages, lost profits or other 6

21 business interruption damages, by statute, in tort (including negligence or strict liability), in contract, or under any indemnity provision or otherwise. (B) Company shall maintain throughout the term of this Franchise sufficient financial resources to provide self-insurance insuring City and Company with regard to all damages set forth in Section 8(A) in the minimum amounts of: (i) $1,000,000 for bodily injury or death to a person; $3,000,000 for bodily injury or death resulting from any one accident. (ii) $50,000 for property damage resulting from any one accident. (iii) $1,000,000 for all other types of liability. (C) City acknowledges that Company provides its own liability insurance (self-insured). SECTION 11. Records and Reports (A) Company Rules and Regulations. The following records and reports shall be available to City upon City's reasonable request: copies of rules, regulations, terms and conditions adopted by Company that relate to Company's use of City's Rights of Way. (B) Accounting. Company shall use the system of accounts and the form of books, accounts, records, and memoranda prescribed by the Florida Public Service Commission or such other applicable governing agency having jurisdiction over Company. (C) Reports. Company will submit monthly a statement of its estimated Base Revenues for the period on which such payment is based. The acceptance of any statement or payment shall not prevent the City from asserting that the amount paid is not the amount due, or from recovering any deficit by any lawful proceeding, including interest to be applied at the rate set forth in Section 6(A). (D) Availability of Records and Reports. Company shall supply information that City or its representatives may from time to time reasonably request relative to the calculation of franchise fees. Such records shall, on written request of City, be open for examination and audit by City and City's representatives at Company s headquarters in St. Petersburg, Florida, during ordinary business hours and such records shall be retained by Company for a period of three (3) years. (E) Audit. City may require, upon prior written notice and during Company s normal business hours, an audit of Company's books related to this Agreement not more than once every five (5) years and then only for the preceding three (3) years. Company will reimburse City's audit costs if the audit identifies errors in Company's franchise Base Revenues of five percent (5%) or more for the period audited. If an underpayment of franchise fees has occurred due to the Company s error, interest will be calculated for each month of the underpayment period using the average monthly interest rate based on thirty (30) day commercial paper. Both the underpayment and interest shall be paid within ninety (90) days from completion of the audit. 7

22 (F) Customer Report. In addition to City s obligations in Section 4(B), within ninety (90) days of the Effective Date of this Agreement, City shall provide to Company a report in a format acceptable to Company setting forth a listing of all addresses within the corporate limits of the City and annually thereafter a report identifying any changes to the address listing provided the previous year. SECTION 12. Retail Wheeling In the event the appropriate governmental authorities authorize Retail Wheeling, then either party, if Adversely Affected thereby, may reopen this ordinance upon thirty (30) days written notice to the other for the sole purpose of addressing the Franchise Fee payments between The Company and The City. If the parties are unable to agree within ninety (90) days of reopening, either party may declare an impasse and may file an action in the Circuit Court in Polk County, Florida for declaratory relief as to the proper Franchise Fee in light of Retail Wheeling. SECTION 13. Severability Should any section or provision of this Franchise ordinance or any portion thereof, the deletion of which would not adversely affect the receipt of any material benefits or, substantially increase the burden of any party hereunder, be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder, as a whole or any part thereof, other than the part declared to be invalid. In the event of any such partial invalidity, City and Company shall meet and negotiate in good faith to obtain a replacement provision that is in compliance with the judicial authority s decision. SECTION 14. Governing Law and Venue (A) This Franchise ordinance shall be construed and interpreted according to the laws of the State of Florida. (B) In the event that any legal proceeding is brought to enforce the terms of this Franchise, the same shall be brought in Polk County, Florida, or, if a federal claim, in the U.S. District Court in and for the Middle District of Florida, Tampa Division. SECTION 15. Merger This Franchise agreement is the full, complete and entire understanding and agreement of the parties as to its subject matter, and the written terms supersede all prior or contemporaneous representations, discussions, negotiations, understanding and agreements relating to the subject matter of this agreement. The parties shall not be bound or liable for any statement, prior negotiations, correspondence, representation, promise, draft agreements, inducements, or other understanding of any kind or nature not set forth or provided herein. SECTION 16. Notices 8

23 Except in exigent circumstances, all notices by either City or Company to the other shall be made by depositing such notice in the United States Mail, Certified Mail return receipt requested or by recognized commercial delivery, e.g. FedEx, UPS or DHL or facsimile. Any notice served by certified mail return receipt shall be deemed delivered five (5) days after the date of such deposit in the United States mail unless otherwise provided. Any notice given by facsimile is deemed received by next Business Day. "Business Day" for purposes of this section shall mean Monday through Friday, with Saturday, Sunday and City and Company observed holidays excepted. All notices shall be addressed as follows: To City: To Company: City Manager External Relations Department 450 N. Wilson Ave. Duke Energy Florida Bartow, FL P.O. Box Phone: (863) St. Petersburg, FL Facsimile: (863) Phone: (727) Facsimile: (727) SECTION 17. Non-Waiver Provision The failure of either party to insist in any one or more instances upon the strict performance of any one or more of the terms or provisions of this Franchise shall not be construed as a waiver or relinquishment for the future of any such term or provision, and the same shall continue in full force and effect. No waiver or relinquishment shall be deemed to have been made by either party unless said waiver or relinquishment is in writing and signed by the parties. SECTION 18. Repealer And Superseding Provision This ordinance shall supersede, as to the rights, privileges and obligations between City and Company, all ordinances and parts of ordinances in conflict with the terms of this ordinance. Ordinance Documentary No , dated February 21, 2005, and any amendments thereto, are hereby deemed null and void and/or repealed upon the effective date of this ordinance and none of the provisions of such repealed Ordinance Documentary No and any amendments thereto shall have any further force and effect. 9

24 SECTION 19. Dispute Resolution The parties to this Franchise agree that it is in each of their respective best interests to avoid costly litigation as a means of resolving disputes which may arise hereunder. Accordingly, the parties agree that prior to pursuing their available legal remedies, they will meet in an attempt to resolve any differences. If such informal effort is unsuccessful, then the Parties may exercise any of their available legal remedies. INTRODUCED AND PASSED on first reading at the Regular meeting of the City of Bartow City Commission held this 6th day of June, PUBLISHED in the Polk County Democrat on the day of June, PASSED AND ADOPTED on second reading at the Regular meeting of the City of Bartow City Commission held this 20th day of June, CITY OF BARTOW W. Patrick Huff, Mayor ATTEST: APPROVED AS TO SUBSTANCE: Jacqueline Poole, City Clerk George A. Long, City Manager APPROVED AS TO FORM: Sean R. Parker, City Attorney 10

25 CITY OF BARTOW CITY COMMISSION WORK SESSION MONDAY, MAY 16, :00 P.M. (EST) CITY HALL COMMISSION CHAMBERS, 450 N. WILSON AVENUE, BARTOW, FL MINUTES The City Commission of the City of Bartow met in a Work Session on Monday, May 16, 2016, at 5:00 p.m. in the Commission Chambers located at City Hall, 450 N. Wilson Avenue, Bartow, FL Notice of this meeting was posted at City Hall, Bartow Public Library and on the City's website on May 12, CALL TO ORDER Mayor Pfeiffer called the Work Session to order at 5:03 p.m. 2. ROLL CALL City Clerk Poole City called the roll and attendance was as follows: Commissioners Present: Commissioners Absent: Staff Members Present: Commissioner Leo E. Longworth Commissioner W. Patrick Huff Commissioner W.H. Billy Simpson Vice Mayor James F. Clements Mayor Trish Pfeiffer None City Manager George Long City Attorney Sean Parker Asst. City Manager David Wright City Clerk Jacqueline Poole 3. REPORTS OF COMMITTEES Vice Mayor Clements distributed copies of "Strategies for Polk County's Economic Future" that was authored and presented by the Central Florida Development Council at a past board meeting.

26 City Commission Work Session Minutes May 16, 2016 at 5:00 p.m. Page 2 of 6 4. REPORTS OF OFFICERS ~ City Attorney City Attorney Parker reported that he has been working with the County on the parking garage. He said a covered walkway get pedestrians across the street is a feature to the garage. He said staff expects to review the plan next week for any final comments. He said the construction of this walkway is one of the last things scheduled for construction. Mayor Pfeiffer noted that all the Commissioners would be invited to the ribbon cutting for the parking garage. City Attorney Parker reported that he did get the contract for the Airport buildings. City Attorney Parker reported that he has had issues. He said if any of the Commissioners have ed him in the past few days that he did not respond to, let him know. ~ City Manager./ Project Update(s) City Manager Long reported that the City also is having IT issues citywide. He said the Incode software does not readily accommodate the updates from Microsoft, so when it happens the IT staff has had to shut down the system for a short period until the problem can be identified and resolved manually. City Manager Long reported that he spoke with Jim Linn who has the history with public employee retirement plans. He said once the Commission determines its meeting schedule he would then setup dates for work sessions on the retirement plans. City Manager Long reported that about three weeks ago internal discussions were initiated for a field audit of the City's metering equipment, primarily electric and water meters. He said there have not been many issues but there have been some. He gave an example. He said staff tracked one recently to , it showed that when the City changed the computer system the rate on that particular meter was changed from one level to another and that the work order indicated that the meter size was different from what it actually was. He said the plan is to develop a field audit standard. He said everything that is out there would be field verified as well as the size, ID nos., etc. for the City's recordkeeping.

27 City Commission Work Session Minutes May 16, 2016 at 5:00 p.m. Page 3 of 6 City Manager Long reported that staff has talked with the Fire Union for the last 2-3 months, and is trying to setup talks with the Police Union the first week of June. He said staff would convene executive sessions in the near future to discuss with the Commissioners. City Manager Long reported he and Asst. City Manager Wright did interviews for three management positions. He expects to make appointments to one or more of those positions with week. (Public Works, Parks and Recreation, Golf Course). City Manager reported that the Wabash sewer line replacement project is proceeding well. He said there are brief weekly updates being posted on the City's website, along with a limited number of photographs of the progress. He said word has been circulated within the project area in a number of different ways. Commissioner Longworth directed the City Clerk to forward a copy of the Wabash Avenue update to the City's list. 5. UNFINISHED BUSINESS 5.01 Discussion of City Commission Work Session and Regular meetings schedule(s). There was a continued discussion regarding Work Session and Regular meetings. City Attorney Parker reviewed the Charter, the Code and the City Commissioner Procedures manual relating to meeting dates and times. After discussion, the Commission directed the City Attorney to place an ordinance for first reading on the next Regular Meeting agenda that would change the Regular Meeting time to 6:00 p.m. and to change the wording in the Procedures Manual relating to Workshops as "may have Work Sessions time to time as needed". There was consensus to have standard work sessions one time per month as needed. 6. NEW BUSINESS 6.01 Review of proposed committee and representative assignments. The Commissioners reviewed the committee and representative assignments. After discussion, Main Street Bartow was added to the list with Mayor Pfeiffer being the liaison. Commissioner Clements gave his assignment on the West Bartow Front Porch Committee to Commissioner Simpson. Commissioner Huff noted that he would only be on one board after the Library and Cemetery boards are dissolved. He asked to be considered for additional assignments, none was available at this time. Mayor Pfeiffer asked that the revised list be distributed to the Commissioners once its' been revised and to include whether they are voting or non-voting members. Complete list of assignments below:

28 City Commission Work Session Minutes May 16, 2016 at 5:00 p.m. Page 4 of 6 COMMITIEE ASSIGNMENTS Beautification Advisory Board Cemetery Committee Community Redevelopment Agency Fiscal Review Committee General Employees Pension Trust Historical Architectural Review Board Library Board Mayor's Art Club Mayor's Youth Council Recreation Advisory Board REPRESENTATIVE ASSIGNMENTS Bartow Economic Development Council Central Florida Development Council Central Florida Regional Planning Council Board Charlotte Harbor Restoration Project Community Relations Committee Eastside Positive Action Committee Florida Municipal Power Agency Legislative Representative For City Main Street Bartow, Inc. Neighborhood Improvement Corporation Polk County Transit Authority Polk Vision Government Participation Coop Alliance Polk Regional Water Cooperative Ridge League Of Cities Board Member Transportation Planning Organization West Bartow Front Porch COM MISSION ER Pfeiffer Huff Pfeiffer (Alternate Clements) Huff/Simpson TBD Simpson Huff Current Mayor Current Mayor Longworth COMMISSIONER Clements Clements Appt Made By FLC Simpson Longworth Longworth Clements, Long, (Alternate Wright) Clements Pfeiffer Clements Appt Made By County Pfeiffer Pfeiffer (Alternate Clements) Longworth (Alternate Clements) Huff Simpson 6.02 Review of proposed joint meeting dates. After review of the proposed joint meeting dates, consensus was:

29 City Commission Work Session Minutes May 16, 2016 at 5:00 p.m. Page 5 of 6 Consider the Joint Strategic Planning Work Session between the City Commission and the Community Redevelopment Agency as the annual joint meeting. Joint meeting date for the Historic Architectural Review Board to be determined. Determined that no joint meeting with Library Board is necessary. Mayor's Youth Council joint meeting was scheduled for September 13, Recreation Advisory Board joint meeting was scheduled for December 14, Beautification Advisory Board joint meeting was scheduled for January 25, Housing Authority of Bartow joint meeting was scheduled for March 14, Review of Commission Policies and Procedures Manual. After review of the Commission Policies and Procedures Manual, consensus was to: Remove section referencing the Internal Auditor (pages 18-25). Change word "shall" to "may" on first sentence in first paragraph on page 26, relating to Joint Meetings. Change first sentence of first paragraph on page 29 to read "The City Commission may schedule a workshop on dates and times as needed. Remove the words "internal auditor" referenced throughout document Determination of procedure to reappoint Board Member Alvin Smith to the Housing Authority of Bartow. The new term will expire April Consensus was to place the reappoint of Board Member Alvin Smith to the Housing Authority of Bartow on the June 6, 2016 Regular Meeting Consent Agenda Determination of procedure to appoint new member to the Historic Architectural Review Board to fill a vacancy created by the resignation of Board Member Julie Clark. The unexpired term will end April Mayor Pfeiffer was assigned to bring a recommendation for the Historic Architectural Review Board to fill a vacancy created by the resignation of Julie Clark Determination of procedure to appoint new member to the Citizen's Advisory Committee to fill a vacancy created by the resignation of Board Member Michael Goff. The unexpired term will end September All Commissioners were assigned to bring a recommendation for the Citizen's Advisory Committee to fill a vacancy created by the resignation of Michael Goff.

30 City Commission Work Session Minutes May 16, 2016 at 5:00 p.m. Page 6 of 6 Mayor Pfeiffer asked the Commissioners to save the date of June 17, 2016 on their calendars. She stated that she has invited Dale Allen, Executive Director of Florida Greenways and Trails Foundation to come to the City discuss the Ft. Frasier Trail and to give a presentation that raises public awareness of Florida's existing greenways and trails and foster the development of a connected state system. She said she would like other organizations and people who are interested to attend (CRA, Mainstreet, Inc., Bartow Chamber, Tom Deardroff, Bob Wiegers, etc.). She said she would inform them when the details are available. 7. ADJOURNMENT With no further business to discuss, Mayor Pfeiffer adjourned the meeting at 6:31 p.m. Mayor Trish Pfeiffer Attest: City Clerk Jacqueline Poole (seal)

31 CITY OF BARTOW CITY COMMISSION REGULAR MEETING MAY 16, 2016, 6:30 P.M. (EST) CITY HALL COMMISSION CHAMBERS, 450 N. WILSON AVE., BARTOW, FL MINUTES The City Commission of the City of Bartow met in a Regular Meeting on May 16, 2016 at 6:30 p.m. in the Commission Chambers located at City Hall, 450 N. Wilson Avenue, Bartow, FL Notice of this meeting was posted at City Hall, Bartow Public Library and on the City's website on May 12, CALL TO ORDER Mayor Pfeiffer called the meeting to order at 6:36 p.m. She dispensed with the Roll Call. All commissioners were in attendance: Commissioners Present: Commissioners Absent: Staff Members Present: Commissioner Leo E. Longworth Commissioner W. Patrick Huff Commissioner W.H. Billy Simpson Vice Mayor James F. Clements Mayor Trish Pfeiffer None City Manager George Long City Attorney Sean Parker Asst. City Manager David Wright City Clerk Jacqueline Poole 2. INVOCATION Pastor Jim Hatch with First Presbyterian Church of Bartow gave invocation. 3. PLEDGE OF ALLEGIANCE TO THE FLAG The Commissioners and audience gave the Pledge of Allegiance to the Flag. 4. PROCLAMATIONS AND SPECIAL PRESENTATIONS 4.01 Issuance of proclamation recognizing Public Works Week. Being accepted by Interim Public Works Director Russ Martin.

32 City Commission Regular Meeting Minutes May 16, 2016 Page 2 of 11 Interim Public Works Director Martin stated that Public Works is responsible for maintaining roadways, utilities, sewer lines, and maintenance of municipal buildings. He said it is a very challenging job for his staff of 30. He said the City has old systems that his staff is making newer every day. Mayor Pfeiffer read the proclamation in its entirety and stated that Public Works is important, and that she appreciates everything they do Issuance of proclamation recognizing Polk County Commuter Services Day and National Bike to Work Day. Being accepted by Richard Dryer, Project Manager. Project Manager Dryer stated that the Florida Department of Transportation (FDOT) has a Commuter Services Program. He said this program is designed increase alternate travel options, to help employers and employees on their commutes to and from work, to help improve conditions of congestion, and reduce the number of parking spaces needed, etc. He said part of that includes bicycle and pedestrian access making sure they can get to and from work. He invited everyone to attend the Polk County Commuter Services Day / National Bike to Work Day event on Friday, May 20, 2016 at Ft. Blount Park from llam-2pm. He said there would be free helmet fittings and helmets (while they last), free lunch and more. Mayor Pfeiffer read the proclamation in its entirety Issuance of proclamation recognizing Summerlin Academy 2016 Army JROTC Florida State Rifle Marksmanship Team and Individual Championships. Being accepted by Army Instructors Coaches Sgt. First Class Beck (Ret) and Sgt. First Class Lloyd Harris (Ret)' and the Summerlin Academy Marksmanship Rifle Team. Sgt. First Class Harris stated that JROTC has been in Bartow since 1970, that Summerlin has had a rifle team over all those years. He said that early on the team shot.22 caliber rifles. He stated that Summerlin has won four State championships over 46 years. He said this is the first championship in 18 years and the first time using the.177 caliber compressed air rifles. He stated that the team has worked hard for three years spending hours extra at school each week to achieve this. He thanked the City of Bartow for honoring them tonight. He introduced the members of the rifle team: Nick Gubbini, Ron Aytona, Luis Vazquez and Trevor Grimes. He stated that team member Vazquez finished first among all 104 cadets that he would be going to Colorado Springs in July working with Olympic champions and competing for a national championship.

33 City Commission Regular Meeting Minutes May 16, 2016 Page 3 of 11 Sgt. First Class Beck (Head Coach) stated added to cadet Vazquez is only one of 15 shooters in the United States. He said if he wins that competition, he would earn a $5,000 scholarship. Mayor Pfeiffer read the proclamation in its entirety. She congratulated the team and wished cadet Vazquez good luck at the national championships Issuance of proclamation recognizing the Bartow High School Lady Yellow Jackets Softball Team as the 2016 State Champions. Being accepted by coaches and players. Mayor Pfeiffer read the proclamation in its entirety. Head Coach Donna Byars stated that it was an intense ii-inning game that was won by a walk off homerun. She stated that the team missed prom that night. She said this was the first championship in ten years. She said the team consists of some awesome young women. She added that it has been twenty years since their first championship which she had the pleasure of being a player on that team. Commissioner Clements congratulated the team. He thanked WBF radio station for bringing the broadcast to the home crowd. He said the team was great in representing Bartow. City Attorney Parker read an in its entirety from a parent who had two daughters on the Lakeland Christian School softball team relating to the sportsmanship of the Bartow players. The read" "Dear Mr. Brian Webster and Coach Byars, I have 2 daughters who play on the LCS varsity softball team. First and foremost I would like to congratulate you on being class SA State Champs. You have an extraordinary group of young women that call themselves Yellow Jackets softball players. What an incredible game, I listened to the whole thing. Your players deserved to win that game. They played their hearts out and left everything on the field. They should be so proud! Now I would like to thank all of your players for what they did for the LCS softball team. We were also down in Vero this week. We had gotten rained out on Wednesday, so we had to play 2 games on Thursday. We were in the midst of the championship game, and we found ourselves tied 1-1 at the end of 7. I'm not sure exactly at what point in the game that your girls came to watch and cheer us on, but I truly believe that was the turning point of our game. We had been playing a good game but I could tell we were getting tired and starting to run out of gas. Your girls took it upon themselves to be our biggest fans. They were rocking

34 City Commission Regular Meeting Minutes May 16, 2016 Page 4 of 11 the bleachers, all for us. 1 Thessalonians 5:11 says "Therefore encourage one another and build one another up, just as you are doing." We (all of the LCS fans) were overcome by the unity in which your girls joined ours. They were amazing! We ended up exploding for 8 runs in the 9 th inning to win 9-1. Your girls were our 10 th man and kept us going thru the end. Please share with them how much they meant to us and give them a BIG thank you from all of the players, parents, and coaches. Congratulations again and God Bless!" 5. GENERAL PUBLIC COMMENT - At this time, the Commission received comments from the public regarding matters not appearing on this agenda. Mayor Pfeiffer opened the general public comment period. City Attorney Parker reminded all speakers that while addressing the Commission to refrain from any personal attacks, abusive language, issues in litigation or under investigation or any other matters that do not fall within the Commission's area of responsibility. Sherman Auger, 1802 Shady Knoll Circle N, Lakeland. Mr. Auger stated that he owns the XYZ liquor store at 295 Highway 17. He asked the Commission to consider the sale of alcohol on Sundays. He stated that Lakeland recently passed legislation to do so, and that it is currently under review with Polk County. He said it would put Bartow at a disadvantage if it did not allow it. Gerald 1. Cochran, 1615 North Street, Bartow. Mr. Cochran had concerns about the odors in Bartow. He said that recently the smell is getting unbearable throughout the City. He said the City has an alcohol plant, a citrus plant, a dump, and a phosphate mine. He said depending on which way the wind is blowing the City is always getting the smell from those plants. He thought that there were State regulations against the smells. He said the citizens of Bartow should not have to put up with it. Mr. Cochran added that there continues to be a problem with roosters crowing, dog pens where they should not be and emitting smells, as well as the dogs constantly barking. Mayor Pfeiffer stated that she does not smell anything often but she has on occasion. She asked the City Manager if anything could be done about the odors. City Manager Long stated that it was regulated by the State. He did not know what the limitations were. He was not aware of anything that was new because those businesses have been in place for many years. He said because the condition is intermittent between the time the Department of Environmental Protection (DEP) is notified and they get someone on site the smell has dissipated so they find nothing. He said he is not aware of any odors emanating from the landfill at least for the past couple of years.

35 City Commission Regular Meeting Minutes May 16/ 2016 Page 5 of 11 Commissioner Longworth said a friend of his who lives on the Eastside has complained to him about the odor. He said at that time DEP did come out but the smell had already dissipated. DEP told the resident that they would have to monitor it and they would come out from time to time to check. DEP said they would actually have to smell it themselves. Benjamin Jones, 940 Shady Lane, Bartow. Mr. Jones disagreed with the speed limit change on Shady Lane. He said the Standard is 30 mph; he felt lowering the speed limit to 25 mph on Shady Lane was inconsistent and caused more people to speed or to use side streets. Mr. Jones also had concerns about utility poles that were left after new ones were recently installed in Richland Manor. He said the old poles still had equipment attached to them, that they would pose a threat during bad weather if they were not removed. City Manager Long said he did not know what the hold-up was on the light poles, but he would find out. In regard to the speed limit on Shady Lane he said that took place not only because of the complaints received concerning speeders but the fact there are no sidewalks. He said there is pedestrian traffic. He said there is a protocol that is followed in monitoring these conditions. He said the perspective of the Police Department when the speed was reduced was in part because of the pedestrian traffic. Mr. Jones noted that there are no sidewalks at all in the Richland Manor subdivision. He felt that the speed limit should be consistent throughout the neighborhood. He mentioned that there is the same amount of traffic on Bearcreek. He said if it creates an unsafe environment for kids on one street, it should be identical to the other streets. Mayor Pfeiffer suggested that Mr. Jones contact the Police Chief to learn more about traffic studies. With no further comments, Mayor Pfeiffer closed the general public comment period. 6. CITY ANNOUNCEMENTS Mayor Pfeiffer stated that the City has a few boards that need volunteers. 7. REPORTS OF CHARTER OFFICERS 7.01 City Manager Communications City Manager Long mentioned the construction project on Wabash. He said information about the course of the project has been disseminated throughout that neighborhood. He said this information sharing would continue throughout the course of the project. He stated that weekly progress reports are also being posted on the City's website.

36 City Commission Regular Meeting Minutes May 16, 2016 Page 6 of 11 City Manager Long stated that over the next couple of months staff would begin an auditing process of the metering equipment in the field. He said they would be looking at identification numbers, the meter size, and confirming the City's own records against the equipment. He said it is a large project, that it would take some time to cover the 11,000 accounts in the service area City Attorney Communications City Attorney Parker reported that during the Work Session the start time and structure of the Regular Meeting was discussed. He said there would be a first reading of an ordinance at the next Regular Meeting that would deal with the start time. City Attorney Parker reported that the County's parking garage is coming along. He said a component to that would be an agreement the City is working on with the County regarding the covered walkway that would cross over Church Street. 8. AGENDA MODIFICATION/APPROVAL MOTION was made by Commissioner Longworth, seconded by Commissioner Huff to accept the agenda as presented. VOTE TO THE MOTION WAS AS FOLLOWS: AYE: Clements, Huff, Longworth, Pfeiffer, Simpson NAY: None Motion carried. 9. PUBLIC COMMENT ON AGENDA ITEMS - At this time, the City Commission received comments from the public regarding any matters on this agenda, not otherwise scheduled for a separate Public Hearing. Mayor Pfeiffer opened and closed the Public Comment period for items on this agenda that are not scheduled for a public hearing. There were no comments. 10. PUBLIC HEARINGS - FIRST AND SECOND READINGS Public Hearing and Final Reading of Ordinance No AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF BARTOW, FLORIDA, ZONING APPROXIMATELY 4.85 ACRES OF LAND OWNED BY WILLIAM THOMAS MIMS AND CAPITAL LAND VENTURES, LLC, AND LOCATED IN SECTION 01, TOWNSHIP 30 SOUTH, RANGE 25 EAST, POLK COUNTY, FLORIDA, AS C-3, "HIGHWAY COMMERCIAL"; AND PROVIDING FOR AN EFFECTIVE DATE UPON FINAL PASSAGE.

37 City Commission Regular Meeting Minutes May 16, 2016 Page 7 of 11 City Attorney Parker read the ordinance by title only: "AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF BARTOW, FLORIDA, ZONING APPROXIMATELY 4.85 ACRES OF LAND OWNED BY WILLIAM THOMAS MIMS AND CAPITAL LAND VENTURES, LLC, AND LOCATED IN SECTION 01, TOWNSHIP 30 SOUTH, RANGE 25 EAST, POLK COUNTY, FLORIDA, AS C-3, "HIGHWAY COMMERCIAL"; AND PROVIDING FOR AN EFFECTIVE DATE UPON FINAL PASSAGE." MOTION was made by Commissioner Longworth, seconded by Vice Mayor Clements to adopt on final reading Ordinance No amending the Zoning Map of the City of Bartow, zoning approximately 4.85 acres of land owned by William Thomas Mims and Capital land Ventures, LLC, located in Section 01, Township 30 South, Range 25 East, in Polk County, Florida, as C-3, "Highway Commercial". Planning Director Wiegers introduced the item and stated that the applicant is in the audience if they have any questions he is not able to answer. Director Wiegers briefly reviewed the staff report. (A copy is attached therein and is described as Exhibit A). The property is located on East State Road 60 almost directly across from the entryway to Clear Springs Corporate Park. There are policies within the Comprehensive Plan that specifically address this type of request, and support the request that is being done. It was originally annexed into the City in 2001 when the initial Clear Springs annexation was done. This establishes zoning on the property. There are no immediate plans to develop the property. Vice Mayor Clements asked if water and sewer were available to that site. Planning Director Wiegers replied that there was water and sewer. He said it crosses the highway from the west edge of the Clear Springs Corporate Park. Mayor Pfeiffer opened and closed the public hearing with no comments. ROLL CALL VOTE TO THE MOTION WAS AS FOLLOWS: AYE: Clements, Huff, Longworth, Pfeiffer, Simpson NAY: None Motion carried.

38 City Commission Regular Meeting Minutes May 16, 2016 Page 8 of Public Hearing and Final Reading of Ordinance No AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF BARTOW, FLORIDA, ZONING APPROXIMATELY 7.55 ACRES OF ANNEXED LAND OWNED BY THE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT AND LOCATED IN SECTION 25, TOWNSHIP 29 SOUTH, RANGE 24 EAST AND SECTION 30, TOWNSHIP 29 SOUTH, RANGE 25 EAST, POLK COUNTY, FLORIDA, AS PD, PLANNED DEVELOPMENT; AND PROVIDING FOR AN EFFECTIVE DATE UPON FINAL PASSAGE. City Attorney Parker read the ordinance by title only: "AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF BARTOW, FLORIDA, ZONING APPROXIMATELY 2.44 ACRES OF ANNEXED LAND OWNED BY THE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT AND LOCATED IN SECTION 25, TOWNSHIP 29 SOUTH, RANGE 24 EAST AND SECTION 30, TOWNSHIP 29 SOUTH, RANGE 25 EAST, POLK COUNTY, FLORIDA, AS PD, PLANNED DEVELOPMENT; AND PROVIDING FOR AN EFFECTIVE DATE UPON FINAL PASSAGE." MOTION was made by Vice Mayor Clements, seconded by Commissioner Simpson to adopt on final reading Ordinance No amending the Zoning Map of the City of Bartow, zoning approximately 7.55 acres of annexed land owned by the Southwest Florida Water Management District, and located in Section 25, Township 29 South, Range 24 East and Section 30, Township 29 South, Range 25 East, Polk County, Florida, as PD, Planned Development. Planning Director Wiegers introduced the item and briefly reviewed the staff report. (A copy is attached therein and is described as Exhibit B). The purpose of the application is to put an approved Land Use in place that would support the development of site for a boat ramp and access road. The ramp would provide safer public access to Lake Hancock. The land size is approximately 7.55 acres as part of the entire PD all the way from Highway 98 to Saddle Creek. He noted that the last staff report and ordinance incorrectly listed it as 2.44 acres, which was only for the boat ramp itself. There are a number of Comprehensive Plan policies that support this type of annexation. By making the improvements, there would be a route from Ft. Frasier Trail to get around to the Heritage Trail on the east side of Lake Hancock and connect through the Hampton property and eventually the Circle B Bar Reserve. Jeff Spence, Parks and Natural Resources Director for Polk County shared a slideshow with photographs of the trail system. (A copy of the slideshow is attached therein and is described as Exhibit C). Director Spence stated that Lake

39 City Commission Regular Meeting Minutes May 16, 2016 Page 9 of 11 Hancock is the largest lake in the Peace River basin. He said unfortunately due to water impacts over decades the Peace River is going dry in this area. He said that the Southwest Florida Water Management District (SFWMD) has developed two projects on Lake Hancock to try to address this. 1) Built a water control structure that will raise the lake about 1.5 feet. 2) Constructed a 1,000-acre wetland treatment system, which would clean the water as it leaves Lake Hancock so the water flowing down to the Peace River would be much cleaner. He said this is a benefit to us locally and all the way down to Charlotte Harbor. Director Spence said when SFWMD initiated those projects they purchased approximately 7,000 acres of land around the lake. He said a little over a decade ago Adam Putnam called a meeting with SFWMD to discuss what could be done with this land. Since there was going to be some surplus, the decision was made that there was recreation potential there. From there the County joined in with the SFWMD to develop a master plan for this property. He stated some of the things that were identified were the Trail with the concept of how to circle the entire lake. He said they also identified a need for a boat ramp as well as different activities such as group camping and kayaking. Director Spence said to implement this SFWMD looked to the County to take the lead on developing the Trail. He said about a year ago SFWMD gave the County an easement, loa' wide that went all the way from Highway 98, around the east side of the lake, and up to Thornhill Road just south of Winterlake Road. Director Spence said the County applied for and received funds from the Florida Department of Transportation (FDOT) to design the Trail and to construct all the water crossings that are required. Mayor Pfeiffer commented that this is exciting. She said this is a huge economic driver for cities for trails. Mayor Pfeiffer opened and closed the public hearing with no comments. ROLL CALL VOTE TO THE MOTION WAS AS FOLLOWS: AYE: Clements, Huff, Longworth, Pfeiffer, Simpson NAY: None Motion carried. 11. CONSENT AGENDA Approval of May 2, 2016 City Commission Work Session minutes Approval of May 2, 2016 City Commission Regular Meeting minutes.

40 City Commission Regular Meeting Minutes May 16, 2016 Page 10 of Approval to appoint Deborah Jager Engstrom to the Historic Architectural Review Board. The term will expire April Recommendation is being made by Commissioner Huff Approval of City Commissioner absence(s) for May 2, 2016; excusal(s): None Approval and transfer of $2, (15 0 /0) of State Forfeiture Funds from the Bartow Police Department and payable to EPAC, Inc. of Bartow to further the partnership in ongoing efforts to bring the community and police together in crime prevention efforts.. MOTION was made by Commissioner Huff, seconded by Commissioner Longworth to approve the Consent Agenda as presented. VOTE TO THE MOTION WAS AS FOLLOWS: AYE: Clements, Huff, Longworth, Pfeiffer, Simpson NAY: None Motion carried. 12. OTHER COMMISSION BUSINESS OLD BUSINESS - None NEW BUSINESS Approval to accept the Annual Audit as presented by Purvis Gray and Company. Received a presentation of the Annual Audit for the Fiscal Year by Mr. Joe Welch, Purvis Gray and Company. The City received an overall favorable rating. (A copy of the Annual Audit Report is attached therein and described as Exhibit D). MOTION was made by Commissioner Huff seconded by Commissioner Longworth to accept the Annual Audit as presented by Purvis Gray and Company. ROLL CALL VOTE TO THE MOTION WAS AS FOLLOWS: AYE: Clements, Huff, Longworth, Pfeiffer, Simpson NAY: None

41 City Commission Regular Meeting Minutes May Page 11 of RESOLUTIONS None. Motion carried. 14. COMMISSIONER COMMENTS COMMISSIONER SIMPSON Commissioner Simpson had no further comments COMMISSIONER HUFF Commissioner Huff had no further comments COMMISSIONER LONGWORTH Commissioner Longworth had no further comments VICE MAYOR CLEMENTS Vice Mayor Clements stated that he appreciates the good comments that Gerald Cochran brought up tonight MAYOR PFEIFFER Mayor Pfeiffer had no further comments. 15. ADJOURNMENT With no further business to discuss, Mayor Pfeiffer adjourned the meeting at 8:07 p.m. Mayor Trish Pfeiffer Attest: City Clerk Jacqueline Poole (seal)

42 APPROVAL TO REAPPOINT BOARD MEMBER TO THE HOUSING AUTHORITY OF BARTOW ITEM NO SUMMARY: The request is for the City Commission reappoint Alvin Smith to the Housing Authority of Bartow. The new 4 year term will expire April BACKGROUND: The Housing Authority of Bartow was established by Resolution 533-R on April 2, The Authority is under the rules and regulations of the Federal Department of Housing and Urban Development. There are two housing complexes under the Authority, Woodlawn Village and Carver Village. The Authority is comprised of five (5) members, one of whom must live in one of the complexes, appointed by the City Commission with no alternates who have staggered four (4) year terms. The Authority meets every two months at 5:00 p.m. at the Carver Village office building. Special meetings are at the call of the chairman. The members are required to file an annual Statement of Financial Interest. There is no special education or training to hold a position on this board. STAFF ANALYSIS: At the May 16, 2016 Work Session consensus of the Commission was to place this item on the June 6, 2016 Regular Meeting Consent Agenda for approval. Mr. Smith has submitted an application indicating his interest in serving another term on this board. The city clerk's office does not attend these meetings and there is no record of attendance. He has served on this board since May STRATEGIC PLANNING GOAL(S) & ACTION STEP(S) THAT THIS ITEM MEETS: Goal #3 - Growing Well-planned Sustainable City Objective #5 Update City plans and development regulations RECOMMENDATION: That the Commission approve the reappointment.

43 Submit by I I Print Form CITY OF BARTOW BOARDS AND COMMITIEES I FO'RECeE"i V ED APPLICATION MAY 0(J 2016 Thank you for your interest in serving on a Bartow board or committee! Before Vou Begin. Please read this form carefully. Fully complete all sections. Applications remain active for one year from submittal date. Return completed application to: CITY CLERK'S OFFIC cr E City Clerk's Office, Bartow City Hall, 450 N. Wilson Avenue, Bartow, Florida 33830; or FAX to: ; or to: jpoole.clerks@cityofbartow.net Choice of Board or Committee. Please review the attached descriptions & qualifications for the board or committee that interested in joining. List the name of the board/committee for which you are applying or select one from the drop down menu: Note: th Git you may only belong to one board or committee at a time. / \ I /-J() tis / n q A fa f-a 0 r I +-'-1 \../ J Contact Information: Please print legibly. I fl7v L ~ ;8, SIYJ l'+a ~T baytou) Note: this application, and all information you provide, may be viewed by the public upon request. Id I Name Business/Organization Name (if applicable) II gi"-- Wa6t1SA t2tr;d-d ljarj 6 uj II IFL Id33J3D I Mailing Address City State Zip I &-~3lr33-w~?1 I IL8't6)57;? -3 D5/ III Home Phone Number Cell Phone Number Address Wh I Briefly describe prior board or committee service and/or special~ualifications: Section , Florida Statutes, requires certain reporting of minority representation on statutorily created boards to be filed on an annual basis. Please complete the following: Race : D Native American IitAfrican American D Hispanic / Gender: ~ Male D Female Physcially Disabled : D Asian,/ El Ves 0 No 0 Caucasian D Other

44 " Have you,ever beel) convicted of a crime? ClYes /El No If yes, please explain: I, I ~ I do hereby aclmowledge the following: 1. This application, when complete and filed with the Office of the City Clerk, is a Public Record under Chapter 119, Florida Statutes, and is open to public inspection.. 2. I am responsible for keeping the information on this form current and that any changes or updates will be provided to the Office of the City Clerk 3. I consent to filing the Statement of Financial Interests (FORM 1) if required for this board/committee. 4. If appointed, I acknowledge that it is my obligation and duty to comply with the following: a. Code of Ethics for Public Officials (F.S. Chapter 112, Part III) b. Florida Sunshine Law (F.S. Chapter 286) c. Florida Statutes 5. I understand the responsibilities associated with being a board or comll1ittee member, and I will have adequate time to serve on the board or committee I have selected. Bartow Residency. Bartow residency is a requirement for Bartow boards and committees. I'i'2I'" I!!:J I attest that I reside within the incorporated limits of Bartow. Home Address: I (g45 Ii -ujabasbf. SF..'/34rz-r tjtaj / r:l-, -:33& So Home Address is required and will be used to verify Bartow residency. Community Redevelopment Agency (CRA) Board applicants only fill this section: D I attest that I reside within the boundary of the CRA District. AND/OR D I attest that I own a business within the boundary of thl;! Bartow CRA District. Address of home and/or business: I Address is required for verification. Truth and Accuracy. I certify that the information contained on this form is true and accurate to the best of my knowledge. L~ Jl '~ Id5-/a-16 Signature Date r I~port~nt~ubli~ Records Information. Ple ~se note-that ; he city re-ceiv~s r~q~es;s f~m the ;'bu~ 't~~-~~i~w- \ I I I documents, such as this form, provided to the city and the city is obligated to release these public records, including J all information contained on the form, upon request. Please call the City Clerk at , if you have I questions or concerns about the disclosure of specific information. 1

45 APPROVAL TO APPOINT MEMBER TO THE CITIZENS ADVISORY COMMITTEE ITEM NO SUMMARY: The request is for the Commission to appoint Lesley Green to the Citizen's Advisory Committee to fill a vacancy created by the resignation of Board Member Michael Goff. The unexpired term ends September The recommendation is being made by Mayor Pfeiffer. BACKGROUND: The Citizens Advisory Committee was formed to meet the requirement of the Community Development Block Grant program to provide citizen input for use of these funds. The grantee must develop and follow a detailed plan which provides for, and encourages, citizen participation and which emphasizes participation by persons of low-or-moderate income, particularly residents of predominantly low-and-moderate income neighborhoods, slum or blighted areas, areas not meeting ADA compliance and areas in which the grantee proposes to use CDBG funds. The plan must: 1) provide citizens with reasonable and timely access to local meetings, information, and records related to the grantee's proposed and actual use of funds; 2) provide for public hearings to obtain citizen views and to respond to proposals and questions at all stages of the community development program, including at least the development of needs, the review of proposed activities, and review of program performance; 3) provide for timely written answers to written complaints and grievances. The Citizens Advisory Committee consists of nine (9) members who have staggered three-year terms. The Committee meets annually at the call of the chairman in the Commission Chambers of City Hall. The members of the Committee do not have to file an annual Statement of Financial Interest. There is no special education or training to hold a position on this board. STAFF ANALYSIS: At the May 16, 2016 Work Session, all commissioners were assigned to bring a recommendation to fill this vacancy. Ms. Green has submitted the attached application indicating her interest in serving on this board. If appointed, one vacancy will remain on this board. Vice Mayor Clements was assigned to bring a recommendation at the October 5, 2015 Work Session for that vacancy (Emmitt Purvis). It is necessary for an appointment in order for the board to seat a quorum at each meeting. The vacancy was advertised in the Polk County Democrat newspaper, posted on the City's website and posted on the bulletin board at City Hall and the Bartow Public Library. STRATEGIC PLANNING GOAL(S) & ACTION STEP(S) THAT THIS ITEM MEETS: Goal 2 - Upgraded City Facilities and Infrastructure Goal 3 - Growing, Well-Planned, Sustainable City Objective 4 - Improve the appearance and curb appeal of the City of Bartow GoalS - Livable Community Enriching Residents' Lives RECOMMENDATION: That the Commission approve the appointment.

46 Submit by I I Print Form CITY OF BARTOW BOARDS AND COMMITIEES APPLICATION Thank you for your interest in serving on a Bartow board or committee! For office use only RECEIVED MAY Before You Begin. Please read this form carefully. Fully complete all sections. Applications remain active for one year from submittal date. Return completed application to: (, ltv CLERK'S OFFICE '-----~-, City Clerk's Office, Bartow City Hall, 450 N. Wilson Avenue, Bartow, Florida 33830; or FAX to: ; or to:jpoole.clerks@cityofbartow.net Choice of Board or Committee. Please review the attached descriptions & qualifications for the board or committee that interested in joining. List the name of the board/committee for which you are applying or select one from the drop down menu: Note: that you may only belong to one board or committee at a time. ICiTIZEN'S ADVISORY COMMITIEE I Contact Information: Please print legibly. Note : this appl ication, and all information you provide, may be viewed by the public upon request. Lesley Name I Green Business/Organization Name (if applicable) 885 S Helen Cir I Bartow I FI I Mailing Address City State Zip (863) I (863) I Lesleybgreen@hotmail.com Home Phone Number Cell Phone Number Address Why are you interested in serving as a member of your selected board or committee? I've been a Bartow resident since I was born, and I want to have a voice in my community. I love this town, but I haven't seen many people my age step up into leadership roles in order to keep it great. I want to see our city excel in all parts of town, and I want to help encourage the growth, leadership, and involvement for all residents in our community. Briefly describe prior board or committee service and/or special qualifications: Book review committee (Polk County Schools); Former board member for Bartow Young Professionals (Engage); Leadership Bartow Class XV; EOY Review Committee (CTE) - Polk County Schools Section , Florida Statutes, requires certain reporting of minority representation on statutorily created boards to be filed on an annual basis. Please complete the following: Race: DNative American DAfrican American D Hispanic D Asian [g] Caucasian D Other Gender: DMaie Physcially Disabled : DYes [g] No

47 Have you ever been convicted of a crime? DYes ~No If yes, please explain: ~ I do hereby acknowledge the following: 1. This application, when complete and filed with the Office of the City Clerk, is a Public Record under Chapter 119, Florida Statutes, and is open to public inspection. 2. I am responsible for keeping the information on this form current and that any changes or updates will be provided to the Office of the City Clerk 3. I consent to filing the Statement of Financial Interests (FORM 1) if required for this board/committee. 4. If appointed, I acknowledge that it is my obligation and duty to comply with the following: a. Code of Ethics for Public Officials (F.S. Chapter 112, Part III) b. Florida Sunshine Law (F.S. Chapter 286) c. Florida Statutes 5. I understand the responsibilities associated with being a board or committee member, and I will have adequate time to serve on the board or committee I have selected. Bartow Residency. Bartow residency is a requirement for Bartow boards and committees. ~ I attest that I reside within the incorporated limits of Bartow. Home Address: Helen Cir, Bartow, FL Home Address is required and will be used to verify Bartow residency. Community Redevelopment Agency (CRA) Board applicants only fill this section: D I attest that I reside within the boundary of the CRA District. AND/OR D I attest that I own a business within the boundary ofthe Bartow CRA District. Address of home and/or business: A ress is require 5/23/2016 Date Important Public Records Information. Please note that the city receives requests from the public to review documents, such as this form, provided to the city and the city is obligated to release these public records, including all information contained on the form, upon request. Please call the City Clerk at , if you have questions or concerns about the disclosure of specific information.

48

49

50 Item No RIGHT OF WAY USE AGREEMENT THIS RIGHT OF WAY USE AGREEMENT (the "Agreement"), made and entered into as of the Effective Date defined in Section 10, below, by and between the CITY OF BARTOW, 450 North Wilson Avenue, Bartow, Florida 33830, hereinafter called "the CITY," and POLK COUNTY, a political subdivision of the State of Florida, P.O. Box 988, Bartow, Florida 33831, hereinafter called "the COUNTY"; WITNESSETH WHEREAS, the CITY owns that celiain east/west roadway/right of way located within the corporate limits of the City of Bartow, Florida, known and hereinafter referred to as "Church Street" (all capitalized terms defined below); and WHEREAS, the COUNTY intends to construct a Covered Pedestrian Walkway over Church Street from its newly constructed Parking Garage to the Polk County Courthouse, located at 255 N. Broadway Ave. in Bartow, Florida (all capitalized terms defined below); and WHEREAS, the Covered Pedestrian Walkway will provide convenient covered access between the Parking Garage and the Polk County Courthouse; and WHEREAS, the CITY agrees to grant the COUNTY an easement to allow the COUNTY to construct and maintain the Covered Pedestrian Walkway on the terms and conditions set forth herein; NOW, THEREFORE, in consideration of the mutual covenants in this Agreement, the CITY and the COUNTY agree as follows: 1. Recitals. The recitals set forth above are true and C011'ect and are incorporated herein by this reference. 1 PEDESTRIAN COVERED W ALKW A Y AGREEMENT FINAL FOR EXECUTION BY COMMISSIONS

51 Agreement: 2. Definitions. The following telids have the following meanings throughout this A. "Parking Garage" means the new, multi-level parking garage that the COUNTY is constructing immediately east of its Administrative Building located at 330 West Church Street in Bartow and across the street from the North Entrance of the Polk County Courthouse. B. "Covered Pedestrian Walkway" means a speed table with an approximately twenty-four (24) foot long by ten (10) foot wide walkway, supporting canopy posts, canopy, and associated road striping, pedestrian crossing signage and poles, all under, upon and over portions of COUNTY real property and portions of the CITY'S Church Street right-of-way, all as depicted and described on the attached composite Exhibit "A", and as further detailed in the full set of drawings and plans prepared by Hoar Construction, bearing project number 1511A, and which are also the subject of CITY'S Construction Permit # C. "Covered Pedestrian Walkway Easement Property" means the ground, surface, and air space under, upon, and over that portion of the Church Street right-of-way reasonably necessary for the construction, operation, and maintenance of the Covered Pedestrian Walkway, as permitted by the City and described and depicted in Exhibit "A", and as further detailed in the full set of drawings and plans prepared by Hoar Construction, bearing project number 1511A, and which are also the subj ect of CITY'S Construction Permit # D. "Church Street" means that celiain east/west roadway/right of way in the CITY named West Church Street that runs from North Broadway Avenue on the east to North Mill Avenue on the west. 3. Covered Pedestrian Walkway Easement. The CITY hereby grants and conveys 2 PEDESTRIAN COVERED WALKWAY AGREEMENT FINAL FOR EXECUTION BY COMMISSIONS

52 to the COUNTY a perpetual, non-exclusive easement under, upon and over the Covered Walkway Easement PropeIiy for purposes of facilitating and providing pedestrian access over and through the Covered Pedestrian Walkway and all activities incidental and related thereto. This Easement is strictly limited to the extent reasonably necessary to construct, operate and maintain the Covered Pedestrian Walkway as permitted by the CITY. 4. Construction, Maintenance and Repair. The COUNTY is solely responsible for all construction, maintenance and repair of the Covered Pedestrian Walkway, including any and all signage and pavement markings that relate to the Covered Pedestrian Walkway. COUNTY will coordinate all construction, maintenance and repair activities, including any necessary plan reviews or permits, with the CITY'S Planning, Building and Public Works Departments, as appropriate. The CITY remains responsible for all other Church Street maintenance and repair. 5. Liability. The CITY will in no way be liable for any personal injuries, including death, or property damage caused by or resulting from the construction, use, maintenance or repair of the Covered Pedestrian Walkway, unless arising from or caused by any act or omission of the CITY, its officers, employees, contractors, or agents. As between the parties and subject to the limitation stated in the following sentences, the COUNTY will be responsible for any loss, damage, liability, expense, penalty, fine, suit, action, claim and expense (collectively, the "Liability") arising out of its construction, maintenance or repair of the Covered Pedestrian Walkway, unless the same is caused by or arises out of any act or omission of the CITY, its officers, employees, contractors, or agents. For each incident or occurrence giving rise to a Liability, the COUNTY's aggregate responsibility to the CITY and to any third parties shall not exceed the applicable amounts (the "Liability Limit") stated in (5) of the Florida 3 PEDESTRIAN COVERED WALKWAY AGREEMENT FINAL FOR EXECUTION BY COMMISSIONS

53 Statutes (2016), regardless of whether a claim for damages or other relief regarding the Liability is stated or based in tort, contract, statute, strict liability, negligence, or other legal theory. This Section 5 is not intended and does not establish a contractual or other obligation whereby the COUNTY is responsible to the CITY or to any third party for any Liability obligation exceeding the Liability Limit under any legal theory, claim, or cause of action. Nothing herein is intended to act or shall act as a waiver of either party's sovereign immunity or the limits of liability set forth in of the Florida Statutes regardless of whether any such obligations are based in tort, contract, statute, strict liability, and negligence, product liability or otherwise. 7. Venue. The exclusive venue of any action to enforce or interpret this Contract will be the State Courts of Polk County, Florida. 8. Applicable laws. This Agreement will be construed and enforced in accordance with the laws of the State of Florida. 9. Counterparts. This Agreement may be executed in multiple counterparts each of which shall be deemed an original binding document but all of which shall together constitute one and the same instrument. 10. Effective Date. The Effective Date of this Agreement shall be the date the later of the two parties executes this instrument. The last party to sign the Agreement shall immediately provide the other party a copy (or counterpart, if applicable) of the fully executed Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duly authorized representatives as of the Effective Date. 4 PEDESTRIAN COVERED WALKWAY AGREEMENT FINAL FOR EXECUTION BY COMMISSIONS

54 ATTEST: By: City Clerk CITY OF BARTOW By: Mayor Date: Approved as to COlTectness and Form: By: City Attorney Approved as to Substance: By: City Manager ATTEST: STACY M. BUTTERFIELD, CLERK By: Deputy Clerk Reviewed as to Fonn and Legal Sufficiency: POLK COUNTY, FLORIDA a political subdivision of the State of Florida By: John Hall, Chairman Board of County Commissioners Date: By: County Attorney's Office PEDESTRIAN COVERED WALKWAY AGREEMENT FINAL FOR EXECUTION BY COMMISSIONS 5

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59 Item No BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION In re: Joint Petition of the City of Bartow and Duke Energy Florida, LLC for approval of a territorial agreement in Polk County, Florida Submitted for filing: Docket No June,2016 JOINT PETITION TO APPROVE TERRITORIAL AGREEMENT The City of Bartow ("BARTOW" )' and DEF Florida, LLC ("DEF") (collectively, the "Joint Petitioners") pursuant to Section (2)(d), F.S., and Rule , F.A.C., jointly petition the Florida Public Service Commission ("the Commission") for approval of an amended territorial agreement ("Agreement") in Polk County; In support hereof, the Joint Petitioners represent as follows: 1. The Joint Petitioners are electric utilities organized under the laws of Florida and are subject to the regulatory jurisdiction of the Commission pursuant to Section (2), F.S. 2. BARTOW's principal office is located in Barto w, Florida. DEF's principal office is located in st. Petersburg, Florida. 3. For purposes of this Joint Petition, the contact information of the Joint Petitioners will be that of their respective undersigned attorneys, and all pleadings, notices, and other communications in this matter should be served on the Joint Petitioners' undersigned attorneys. Page 1 of 48

60 4. To best avoid duplication of services and wasteful expenditures, as well as to best protect the public health and safety from potentially hazardous conditions, the Joint Petitioners have negotiated the proposed Agreement delineating their respective service boundaries in Polk County. The Agreement is attached hereto as Attachment A along with an accompanying map and written description delineating the territorial boundaries to which the Parties have agreed. The modified territorial boundaries are depicted in the Territorial Boundary maps attached in Exhibit A, and a written description of the territorial boundaries is included in Exhibit 0, as required pursuant to Rule 2S {l)(a}, FAC. This proposed Agreement has been negotiated for a term of 30 years and will remain in effect thereafter unless either Party provides written notice of Termination at least 12 months prior to terminating the Agreement. 5. Under this Agreement, two {2} commercial customers will be transferred from OEF to BARTOW when it is operationally feasible for BARTOW to serve these customers, but no later than 12 months after the approval of the Agreement by the Commission. No customers are being transferred from BARTOW to OEF. Prior to the filing of this Joint Petition, in accordance with Rule 2S {l)(d}, F.A.C., the affected customers subject to transfer were sent written notification of this proposed Agreement. A sample copy of the letter providing such notification is attached as Exhibit C. As of the time of filing, no negative responses to the notification letters have been received. A summary of the responses ultimately received, if any, will be provided to the Commission by a supplemental filing. 6. The Commission has long recognized that properly constructed territorial Page 2 of 48

61 agreements between adjacent utilities are in the public interest. The Agreement will avoid duplication of services and wasteful expenditures, as well as protect the public health and safety from potentially hazardous conditions. For these reasons, the Joint Petitioners represent that the Commission's approval of the Agreement is in the public interest. WHEREFORE, BARTOW and DEF respectfully request that the Commission grant this Joint Petition and approve the Agreement. Dianne M. Triplett Associate General Counsel Duke Energy Florida Post Office Box st. Petersburg, Florida Telephone: Facsimile: com Matthew R. Bernier Senior Counsel Duke Energy Florida 106 E. College Ave., Suite 800 Tallahassee, Florida Telephone: Facsimile: City of Bartow, Florida Sean R. Parker, City Attorney Boswell & Dunlap, LLP Post Office Drawer South Central Avenue Bartow, Florida Telephone: Facsimile: City of Bartow, Florida George A. Long, City Manager 450 South Wilson Avenue Bartow, Florida Telephone: Facsimile: Page 3 of 48

62 ATTACHMENT A Territorial Agreement The City of BARTOW and Duke Energy Florida, LLC Polk County Page 4 of 48

63 TERRITORIAL AGREEMENT Section 0.1: The City of Bartow (IIBARTOW"), and Duke Energy Florida, LLC d/b/a Duke Energy ("DEF") (collectively, the "Parties" and individually, a "Party") enter into this Territorial Agreement ("Agreement") on this day of June, WITNESSETH: Section 0.2: WHEREAS, BARTOW is a Florida municipal corporation and DEF is a corporation both organized and existing under the laws of the State of Florida, and are electric utilities as defined in, and whose retail service territories are subject to regulation pursuant to Chapter 366, Florida Statutes; and Section 0.3: WHEREAS, BARTOW, a Florida municipal corporation, and by virtue of its Charter and legislative authority, is authorized and empowered to furnish electricity and power to customers located in areas of Polk County. DEF is authorized by Chapter 366, Florida Statutes, to furnish retail electric service to customers throughout the State of Florida, and pursuant to such authority, presently furnishes electric service to customers in areas of Polk County; and Section 0.4: WHEREAS, BARTOW and DEF are Parties to a territorial agreement delineating their respective service territories in Polk County, which was approved by the Florida Public Service Commission ("Commission"). The territorial agreement was approved by Commission Order No , issued June 12, 1986, in Docket No EU (the "Existing Agreement"); and Page 5 of 48

64 Section 0.5: WHEREAS, the Parties desire to amend and continue the Existing Agreement to better serve their interests and the interests of their customers in realizing the planning, operational, and customer service benefits provided to their respective electric systems by a properly constructed, approved, and supervised territorial agreement; and Section 0.6: WHEREAS, the respective retail service areas of the Parties are contiguous, with the result that, absent the establishment of a territorial agreement defining the Parties' respective service territories, duplication of service facilities would be likely to occur; and Section 0.7: WHEREAS, the Commission has previously recognized that duplication of service facilities results in needless and wasteful expenditures and may create hazardous situations, both being detrimental to the public interest; and Section 0.8: WHEREAS, the Parties hereto desire to continue to avoid and eliminate circumstances which may create wasteful expenditures and hazardous situations by confirming the territorial boundary lines between their respective retail service territories in Polk County; and Section 0.9: WHEREAS, the Commission is empowered by the Florida legislature, pursuant to Section (2)(d), Florida Statutes, to approve territorial agreements and the Commission, as a matter of long-standing regulatory policy, and has encouraged retail territorial agreements between electric utilities subject to its jurisdiction based on its findings that such agreements, when properly established and administered by the Parties and actively supervised by the Commission, avoid uneconomic duplication of facilities, Page 6 of 48

65 promote safe and efficient operations by utilities in rendering electric service provided to their customers, and therefore serve the public interest. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, which will be construed as being interdependent, the Parties hereby agree to amend and continue the Existing Agreement as follows: ARTICLE I DEFINITIONS Section 1.1: Territorial Boundary Line(s). As used herein, the term "Territorial Boundary Line{s)" will mean the boundary line{s) depicted on the map attached hereto as Exhibit A which delineate and differentiate the Parties' respective territorial areas in Polk County ("Territorial Area"). Additionally, as required pursuant to Rule (1)(a), F.A.C., a written description of the territorial areas served is attached as Exhibit D. Section 1.2: BARTOW Territorial Area. As used herein, the term "BARTOW Territorial Area" will mean the geographic areas in Polk County allocated to BARTOW as its retail service territory and labeled as "City of Bartow" on the map contained in Exhibit A. Section 1.3: DEF Territorial Area. As used herein, the term "DEF Territorial Area" will mean the geographic area allocated to DEF as its retail service territory and labeled as "DEF" on the map contained in Exhibit A. Section 1.4: Point of Use. As used herein, the term "Point of Use" will mean the location within the Territorial Area of a Party where a customer's end-use facilities consume electricity, wherein such Party will be entitled to provide retail electric service Page 7 of 48

66 under this Agreement, irrespective of where the customer's point of delivery or metering is located. Section 1.5: New Customers. As used herein, the term "New Customers" will mean all customers applying for retail electric service after the Effective Date of this Agreement at a Point of Use in the Territorial Area of either Party. Section 1.6: Extra-Territorial Customers. As used herein, the term "Extra-Territorial Customers" will mean: (a) those customers served by either Party on the Effective Date of the Existing Agreement who are located within the Territorial Area of the other Party established by such Existing Agreement, and (b) those customers, other than Temporary Service Customers, served by either Party on the Effective Date of this Agreement who are located within the Territorial Area of the other Party due to modifications of the Territorial Boundary Lines established herein. Section 1.7: Temporary Service Customers. As used herein, the term "Temporary Service Customers" will mean customers who are being temporarily served under the temporary service provisions of the Existing Agreement. Section 1.8: Effective Date. As used herein, the term "Effective Date" will mean the date on which the final Order of the Commission granting approval of this Agreement in its entirety becomes no longer subject to judicial review. Page 8 of 48

67 ARTICLE II RETAIL ELECTRIC SERVICE Section 2.1: In General. Except as otherwise specifically provided herein, BARTOW will have the exclusive authority to furnish retail electric service within the BARTOW Territorial Area and DEF will have the exclusive authority to furnish retail electric service in the DEF Territorial Area. The Territorial Boundary Line will not be altered or affected by any change that may occur in the corporate limits of any municipality or county through annexation or otherwise unless such change is agreed to in writing by the Parties and approved by the Commission. Section 2.2: Service to New Customers. The Parties agree that neither of them will knowingly serve nor attempt to serve any New Customer whose Point of Use is located within the Territorial Area of the other Party, except as specifically provided in Sections 2.3 and 4.4, below. Section 2.3: Temporary Service. The Parties recognize that, in exceptional circumstances, economic constraints or good engineering practices may indicate that a New Customer's Point of Use either cannot or should not be immediately served by the Party in whose Territorial Area such Point of Use is located. In such instances, upon written request by the Party in whose Territorial Area the New Customer's Point of Use is located, the other Party may, in its sole discretion, agree in writing, to temporarily provide service to such New Customer. Prior to the commencement of temporary service, the Party providing such service will inform the New Customer of the temporary nature Page 9 of 48

68 of its service and that the other Party will ultimately serve the New Customer. Any such agreement for temporary service which lasts, or is anticipated to last, for more than one (1) year will be submitted to the Commission for approval in accordance with Section 5.1 hereof. Such temporary service will be discontinued upon written notice from the requesting Party of its intent to provide service, which the Parties will coordinate to minimize any inconvenience to the customer. In conjunction with such discontinuance, the Party providing temporary service hereunder will be compensated by the requesting Party in accordance with Section 3.5 for its distribution facilities used exclusively to provide such service, which the other Party may elect to acquire, but the other Party will not be entitled to compensation for any loss of revenues for the period during which such temporary service is provided. Section 2.4: Referral of Service Request. In the event that a prospective New Customer requests or applies for service from either Party to be provided to a Point of Use located in the Territorial Area of the other Party, the Party receiving the request or application will advise the prospective New Customer that such service is not permitted under this Agreement and will refer the prospective New Customer to the other Party. Section 2.5: Correction of Inadvertent Service Errors. If any situation is discovered during the term of this Agreement in which either Party is inadvertently providing retail electric service to a customer's Point of Use located within the Territorial Area of the other Party, service to such customer by the other Party will be established at the earliest practical time, but in any event within 12 months of the date the inadvertent Page 10 of 48

69 service error was discovered. Until service by the other Party can be reasonably established, the inadvertent service will be deemed to be temporary service provided and governed in accordance with Section 2.3 above. ARTICLE III TRANSFER OF CUSTOMERS AND FACILITIES Section 3.1: In General. In this Agreement, two (2) commercial customers are being transferred from DEF to BARTOW when it is operationally feasible for BARTOW to serve these customers, but no later than 12 months after the approval of the Agreement by the Commission. No customers are being transferred from BARTOW to DEF. It is the intent of the Parties that all customers of either Party will be served by the Party in whose Territorial Area they are located at the earliest practicable time. In accordance with Rule (1)(d), F.A.C., the affected customers subject to transfer have been sent written notification of this proposed Agreement and the transfer provisions described above. Sample copies of the letters providing such notification are attached as Exhibit C. In the event that circumstances arise during the term of this Agreement in which the Parties agree that, based on sound economic considerations or good engineering practices, an area located in the Territorial Area of one Party would be better served if reallocated to the service territory of the other Party, the Parties will jointly petition the Commission for approval of a modification of the Territorial Boundary line that places the area in question (the "Reallocated Area") within the Page 11 of 48

70 Territorial Area of the other Party and transfer of the customers located in the Reallocated Area to the other Party. Section 3.2: Transfer of Extra-Territorial Customers. The Extra-Territorial Customers currently served by DEF and subject to transfer to BARTOW pursuant to this Agreement are listed by account number or other identifying factor, and by the service address in Exhibit B hereto. Section 3.3: Compensation of Related Service Facilities. In conjunction with the transfer of Extra-Territorial Customers pursuant to Section 3.2 above, the receiving Party may elect to purchase the electric distribution facilities of the transferring Party used exclusively for providing electric service to the transferred customers. The receiving Party will compensate the transferring Party for the electric distribution facilities for an amount based upon the replacement cost (new), less depreciation calculated on a straight line basis over the life of the asset (facility) as determined from the transferring Party's books and records. The replacement cost will be determined by applying a cost calculator such as the Handy Whitman index or a common engineering cost estimation methodology to the original cost, as long as both Parties apply the same estimation method. Section 3.4: Transfer Segment Closings. The Parties will mutually agree on a closing date for each transfer segment, allowing sufficient time for the Parties to identify the customers and facilities to be transferred; to determine the compensation for transferred facilities; and to prepare the appropriate closing statements, assignments, and other instruments to transfer and convey the transferring Party's interest in the electric distribution facilities to the receiving Party pursuant to Section 3.3 above. At the closing, the Page 12 of 48

71 receiving Party will pay the transferring Party the compensation due it, and the transferring Party will execute and deliver to the receiving Party the assignments and other instruments referred to above. ARTICLE IV OPERATION AND MAINTENANCE Section 4.1: Facilities to Remain. Other than as expressly provided for herein, no generating plant, transmission line, substation, distribution line, or related equipment will be subject to transfer or removal hereunder; provided, however, that each Party will operate and maintain its lines and facilities in a manner that minimizes any interference with the operations of the other Party. To facilitate this objective, in the event either Party intends to construct, locate, or relocate its distribution facilities in or directly adjacent to the Territorial Area of the other Party, such Party will notify the other Party in writing at least fourteen (14) days prior to commencement of such intended action. Section 4.2: BARTOW Facilities to be Served. Nothing herein will be construed to prevent or in any way inhibit the right and authority of BARTOW to serve any BARTOW facility located in the DEF Territorial Area which is used exclusively in connection with BARTOW's business as an electric utility; provided, however, that BARTOW will construct, operate, and maintain said lines and facilities in such manner as to minimize any interference with the operation of DEF in the DEF Territorial Area, including notice to DEFDEF pursuant to Section 4.1. Section 4.3: DEF Facilities to be Served. Nothing herein will be construed to prevent or in any way inhibit the right and authority of DEF to serve any DEF facility located in the Page 13 of 48

72 BARTOW Territorial Area which is used exclusively in connection with DEF business as an electric utility; provided, however, that DEF will construct operate, and maintain said lines and facilities in such manner as to minimize any interference with the operation of BARTOW in the BARTOW Territorial Area, including notice to BARTOW pursuant to Section 4.1. ARTICLE V PREREQUISITE APPROVAL Section 5.1: Commission Approval. The Parties and the provisions arid performance of this Agreement are subject to the regulatory authority of the Commission, and appropriate approval by the Commission of the provisions of this Agreement will be a condition precedent to the validity, enforceability, and applicability hereof. This Agreement will have no effect whatsoever until Commission approval has been obtained. Any proposed modification to this Agreement, whether proposed jointly or by either Party, will be submitted to the Commission for consideration and approval prior to becoming effective. In addition, either Party may petition the Commission to resolve any dispute concerning the provisions of this Agreement or the Parties' performance hereunder. Section 5.2: Liability in the Event of Disapproval. In the event approval of the Commission pursuant to Section 5.1 is not obtained, neither Party will have any claim against the other arising under this Agreement. Page 14 of 48

73 Section 5.3: Supersedes Prior Agreements. Upon approval by the Commission, this Agreement will be deemed to specifically supersede any prior agreement between the Parties regarding their respective retail service areas in Polk County. ARTICLE VI DURATION Section 6.1: Term. This Agreement will continue and remain in effect for a period of 30 years from the Effective Date as set forth in the final Order of the Commission granting approval of this Agreement. After expiration of the 30 year term provided herein, this Agreement will remain in effect thereafter unless either Party provides written notice of Termination at least 12 months prior to the termination of the agreement as contemplated by Section 8.3. ARTICLE VII CONSTRUCTION OF AGREEMENT Section 7.1: Other Electric Utilities. Nothing in this Agreement will restrict or affect in any manner the right of either Party to establish its retail service area with respect to any other electric utility. The Parties understand that BARTOW or DEF may, from time to time and subject to Commission approval, enter into territorial agreements with other electric utilities that have adjacent or overlapping service areas and that, in such event, nothing herein will be construed to prevent BARTOW or DEF Page 15 of 48

74 from designating any portion of its Territorial Area under this Agreement as the retail service area of such other electric utility. Section 7.2: Intent and Interpretation. It is hereby declared to be the purpose and intent of the Parties that this Agreement will be interpreted and construed, among other things, to further this State's policy of actively regulating and supervising the service territories of electric utilities; supervising the planning, development, and maintenance of a coordinated electric power grid throughout Florida; avoiding uneconomic duplication of generation, transmission, and distribution facilities; and encouraging the installation and maintenance of facilities necessary to fulfill the Parties' respective obligations to serve. ARTICLE VIII M ISCELLAN EOUS Section 8.1: Negotiations. Whatever terms or conditions may have been discussed during the negotiations leading up to the execution of this Agreement, the only terms and conditions agreed upon are those set forth herein, and no alteration, modification, enlargement, or supplement to this Agreement will be binding upon either of the Parties unless agreed to in writing by both Parties and approved by the Commission. Section 8.2: Successors and Assigns. Nothing in this Agreement expressed or implied is intended or will be construed to confer upon or give to any person or corporation, other than the Parties, any right, remedy, or claim under or by reason of this Agreement Page 16 of48

75 or any provision or conditions hereof; and all of the provisions, representations, covenants and conditions herein contained will inure to the sole benefit of and will be binding only upon the Parties and their respective representatives, successors, and assigns. Section 8.3: Notices. Notices and other written communications contemplated by this Agreement will be deemed to have been given if sent by certified mail, postage prepaid, by prepaid private courier, or by confirmed facsimile transmittal, as follows: To BARTOW: To DEF: George A. Long, City Manager City of BARTOW, Florida 450 North Wilson Avenue BARTOW, Florida Fax: Alex Glenn, State President Duke Energy Florida, LLC P.O. Box St. Petersburg, Florida Fax: Either Party may change its designated representative or address to which such notices or communications will be sent by giving written notice thereof to the other Party in the manner herein provided. Page 17 of 48

76 Section 8.4: Public Records Law. DEF acknowledges BARTOW's obligations under Article I, Section 24, Florida Constitution and Chapter 119, Florida Statutes, to release public records to members of the public upon request. DEF acknowledges that BARTOW is required to comply with Article I, Section 24, Florida Constitution and Chapter 119, Florida Statutes, in the handling of the materials created under this Agreement and that said statute controls over the terms of this Agreement. Section 8.5: Statutory Liability Cap. Nothing herein is intended to act as a waiver of BARTOW's sovereign immunity or the limits of liability set forth in of the Florida Statutes regardless of whether any such obligations are based in tort, contract, statute, strict liability, and negligence, product liability or otherwise. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed in triplicate in their respective corporate names and their corporate seals affixed by their duly authorized officers on the day and year first above written. Page 18 of 48

77 THE CITY OF BARTOW ATTEST: By Secretary DUKE ENERGY FLORIDA, LLC ATTEST: By President Associate General Counsel Page 19 of 48

78 EXHIBIT A MAP DEPICTING THE TERRITORIAL BOUNDARY LINES AND SERVICE TERRITORIES OF THE CITY OF BARTOW AND DUKE ENERGY FLORIDA Page 20 of 48

79 DUKE ENERGY - CITY OF BARTOW TERRITORIAL AGREEMENT POLK COUNTY PAGE INDEX o Miles = _ City of Bartow - Major Roadways c::::j Page ~ Water 0 - Duke Energy =-=- Railroads c::j County City and Place Names Page 21 of 48

80 DUKE ENERGY - CITY OF BARTOW TERRITORIAL AGREEMENT POLK COUNTY, FL _ City of Bartow c::::::::j S-T-R - Major Roadways [:=J Parcel c:=j County - Duke Energy =-- Railroads E2:a Water 0 City and Place Names Page Page 22 of 48

81 DUKE ENERGY - CITY OF BARTOW TERRITORIAL AGREEMENT POLK COUNTY, FL o I === 0.5 I Miles 1 I L L See page 3 _ City of Bartow c::::j S-T-R - Major Roadways c::::j Parcel c::j County _ Duke Energy =-=- Railroads rz::a Water 0 City and Place Names - Page 2 Page 23 of 48

82 DUKE ENERGY - CITY OF BARTOW TERRITORIAL AGREEMENT POLK COUNTY, FL o 0.5 Miles 1 See page 4 _ City of Bartow c::::::::j S-T-R - Major Roadways c:::::j Parcel c::::j County - Duke Energy =-=:&II Railroads E2LI Water 0 City and Place Names Page 3 Page 24 of 48

83 DUKE ENERGY - CITY OF BARTOW TERRITORIAL AGREEMENT POLK COUNTY, FL o I See page Miles 1 I 1 i---r- I- I _ City of Bartow c:::j S-T-R - Major Roadways c::::j Parcel c:j County - Duke Energy =-=- Railroads E'2:Ll Water 0 City and Place Names Page 4 Page 25 of 48

84 DUKE ENERGY - CITY OF BARTOW TERRITORIAL AGREEMENT POLK COUNTY, FL o 0.5 Miles 1./ (f) CD CD Ll OJ (0 CD (J) See page 7 _ City of Bartow [=:J S-T-R - Major Roadways c::j Parcel c::j County - Duke Energy =0:::. Railroads E:Z:Ll Water 0 City and Place Names Page 5 Page 26 of 49

85 DUKE ENERGY - CITY OF BARTOW TERRITORIAL AGREEMENT POLK COUNTY, FL o 0.5 Miles 1 I.[) QJ OJ ro 0.. QJ QJ (f) _ City of Bartow c::::::::j S-T-R - Major Roadways c::::::::j Parcel CJ County - Duke Energy ~ Railroads E.2'A Water 0 City and Place Names Page 6 Page 27 of 48

86 DUKE ENERGY - CITY OF BARTOW TERRITORIAL AGREEMENT POLK COUNTY, FL o 0.5 Miles 1 See page 14 _ City of Bartow CJ S-T-R - Major Roadways c:::j Parcel c:j County - Duke Energy ----=-- Railroads E:ZLI Water 0 City and Place Names Page 7 Page 28 of 48

87 DUKE ENERGY - CITY OF BARTOW TERRITORIAL AGREEMENT POLK COUNTY, FL o " 0.5 Miles 1 _ City of Bartow c::::j S-T-R - Major Roadways c::::j Parcel c::j County - Duke Energy =-=-- Railroads E:2LI Water 0 City and Place Names Page 8 Page 29 of 48

88 DUKE ENERGY - CITY OF BARTOW TERRITORIAL AGREEMENT POLK COUNTY, FL o 0.5 Miles 1 co (1) 01 C1l 0.. (1) (1) (f) _ City of Bartow c:::j S-T-R - Major Roadways c:j Parcel c:::j County - Duke Energy ----.:. Railroads P2LI Water 0 City and Place Names Page 9 Page 30 of 48

89

90 DUKE ENERGY - CITY OF BARTOW TERRITORIAL AGREEMENT POLK COUNTY, FL (f) (]) (]) -0 ill to (]) See page 15 _ City of Bartow c::::::::j S-T-R - Major Roadways c=j Parcel c::j County - Duke Energy --=--:. Railroads E::ZLI Water 0 City and Place Names Page 11 Page 32 of 48

91 DUKE ENERGY - CITY OF BARTOW TERRITORIAL AGREEMENT POLK COUNTY, FL.,-.,... (]) OJ (1J a.. (]) (]) (J) ~~ G (J) CD CD -0 ill to CD --" w See page 16 _ City of Bartow c::=j S-T-R - Major Roadways c:::j Parcel c:::j County - Duke Energy =---m Railroads E:ZLl Water 0 City and Place Names Page 12 Page 33 of 48

92 DUKE ENERGY - CITY OF BARTOW TERRITORIAL AGREEMENT POLK COUNTY, FL o I 0.5 = I Miles 1 I N..-- (J) en ro 0- (J) (J) -JI (j) ~ 0 \ ~ ~ z w S w x: ~ ::J '-- c:: 1 r f-- _h (j) CD CD -a ill tel CD....j:>. See page 17 _ City of Bartow CJ S-T-R - Major Roadways c::::j Parcel c:::j County - Duke Energy ~ Railroads E2LI Water 0 City and Place Names Page 13 Page 34 of 48

93 DUKE ENERGY - CITY OF BARTOW TERRITORIAL AGREEMENT POLK COUNTY, FL See 7 (0 See page 18 _ City of Bartow c:::j S-T-R - Major Roadways c:j Parcel c::j County - Duke Energy =--=- Railroads E::ZLI Water 0 City and Place Names Page 14 Page 35 of 48

94 DUKE ENERGY - CITY OF BARTOW TERRITORIAL AGREEMENT POLK COUNTY, FL See page 11 NOT PART OF T?ilS AGREEMENT 8 : 023 T: 31S R: 25E UJ (l) (l) ""0 Ql <0 (l) _ City of Bartow c=:j S-T-R - Major Roadways c:j Parcel CI County - Duke Energy Railroads E2LI Water 0 City and Place Names Page 15 Page 36 of 48

95 DUKE ENERGY - CITY OF BARTOW TERRITORIAL AGREEMENT POLK COUNTY, FL See page 12 ~J / ""\ ill en (1J CL OJ OJ if) _/ r r~3 1s~ I /" ~ 25E ~/~ f i.,/ //--./" if) NOT PART ~---+--~ I ~.-- OF~T~ IS I---~=====l l l -g, T: 31S CD AG REEMENf.:T:::::L:: :Z2:::z:::L~z:::z:.Z::±;>-.., ' <1l R:,,26E: -->. ---J \) _ City of Bartow c=j S-T-R - Major Roadways c::j Parcel c::j County - Duke Energy =a:::. Railroads E::ZLl Water 0 City and Place Names Page 16 Page 37 of 48

96 DUKE ENERGY - CITY OF BARTOW TERRITORIAL AGREEMENT POLK COUNTY, FL See page 13, 6.t.~ H~/b -Z:7-;T (!) <IJ OJ ro Q. <IJ <lj (f) I-- I--- I--- I--- ~ I- ~ 1- NOT PART OF THIS AGREEMENT S: (!)20 I 1".:-.31 S. I // R:... 26E.~/ -----~./' -u 0 a::: a::: >- Z w J: w ::.::: ~ (S: (j)~ m ~I ~ ~6~ (f) (\) (\) "0 ill (Q (\) F;" 1= l- I- I- 'r-. ~ \\~>I r _ City of Bartow c::::j S-T-R - Major Roadways c:::::::j Parcel c::::j County - Duke Energy =-=.III Railroads E2:Ll Water 0 City and Place Names Page 17 Page 38 of 48

97 DUKE ENERGY - CITY OF BARTOW TERRITORIAL AGREEMENT POLK COUNTY, FL See page 14 <lj OJ <Il n. <lj <lj (j) I -,.. L \ I \ \ s: i[>!1 I~~ 02-2 G~ 26~ ~~ l.i:1u,r t!: ~ T Lf! ~t 1 1R~'f ~ r _ City of Bartow c::::::::j S-T-R - Major Roadways c::::j Parcel CJ County - Duke Energy =-=- Railroads E2LI Water 0 City and Place Names Page 18 Page 39 of 48