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RESOLUTION NO. 2009- 173 <br />Board Resolution 87-12, dated March 5, 1987, which expires in 2017 and requires at <br />least five (5) years advance notice (by March 4, 2012); and <br />WHEREAS, the Florida Public Service Commission approved a Territorial <br />Agreement on November 3, 1981 (Docket No. 800596 -EU, Order No. 10382) between <br />COVB and FPL, to divide the local electric service area between COVB and FPL at a <br />time when about 10% of the electric customer population was outside of COVB whereas <br />now about 61 % (about 22,000) of electric service property owners, tenants, taxpayers, <br />businesses, and/or voters reside outside of COVB in the County and in the Town of <br />Indian River Shores; and <br />WHEREAS, COVB imposed a 10% municipal electric utility surcharge <br />(Section 25-9.0525) on County property owners, tenants, taxpayers, businesses, and/or <br />voters which: it has proposed to be eliminated as a separate charge; is to be included <br />in its electric base rate; and the elimination of which could lead to a higher rate charged <br />by the COVB to County customers; and <br />WHEREAS, significant past and proposed COVB increases in its electric <br />utility rates will cause significantly higher and continuing electric utility rates above FPL <br />rates that are unreasonable, unduly discriminatory, and will have an adverse financial <br />and economic affect on COVB electric utility property owners, tenants, taxpayers, <br />businesses, and/or voters in the County; and <br />WHEREAS, the sales, leases, and values of real estate served by COVB <br />utilities are being adversely affected financially and economically by having COVB <br />utilities which take out about $10M in additional electric utility fees from County <br />customers and the economy; and <br />