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ORDINANCE NO. 2007- G15 SECTION 2. TITLE AND CITATION. Commencing on the Effective Date of this Ordinance, Part II of Chapter 312 of the Code is hereby created and shall be known and cited as "GRANT OF ELECTRIC FRANCHISE TO FLORIDA POWER & LIGHT COMPANY." PART II: FRANCHISE AGREEMENT CREATION OF NEW SECTION 312.20 OF THE CODE. Commencing on the Effective Date of this Ordinance, the following section is created to read as follows: SECTION 312.20. GRANT OF FRANCHISE. Section 1. There is hereby granted to Florida Power & Light Company, its successors and assigns (herein called "FPL"), for the period of 30 years from the effective date hereof, the non-exclusive right, privilege and franchise (herein called "franchise") to construct, operate and maintain in, under, upon, along, over and across the present and future roads, streets, alleys, bridges, easements, rights-of-way and other public places (herein collectively called "public rights-of-way") throughout all of the unincorporated areas, as such unincorporated areas may be constituted from time to time, of Indian River County, Florida, and its successors (herein called "County" ), in accordance with FPL's customary practice with respect to construction and maintenance, electric light and power facilities, including, without limitation, conduits, poles, wires, transmission and distribution lines, and all other facilities installed in conjunction with or ancillary to all of FPL's operations (herein collectively called "facilities"), for the purpose of supplying electricity and other services to the County and its successors, the inhabitants thereof, and persons beyond the limits thereof. Section 2. The facilities of FPL shall be installed, located or relocated so as to not unreasonably interfere with traffic over the public rights-of-way or with reasonable egress from and ingress to abutting property. To avoid conflicts with traffic, the location or relocation of all facilities shall be made as representatives of the County may prescribe in accordance with the County's reasonable rules and regulations with reference to the placing and maintaining in, under, upon, along, over and across said public rights-of-way; provided, however, that such rules or regulations: (a) shall not prohibit the exercise of FPL's right to use said public rights-of-way for reasons other than unreasonable interference with motor vehicular traffic; (b) shall not unreasonably interfere with FPL's ability to furnish reasonably sufficient, adequate and efficient electric service to all of its customers; and (c) shall not require the relocation of any of FPL's facilities installed before or after the effective date hereof in public rights-of-way unless or until widening or otherwise changing the configuration of the paved portion of any public right-of-way used by motor vehicles causes such installed facilities to unreasonably interfere with motor vehicular traffic. Such rules and regulations shall recognize that above -grade facilities of FPL installed after the effective date hereof should be installed near the outer boundaries 2