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Vero Beach Mediation Statement-Attachment C <br /> RESOLUTION NO.2014- 41 <br /> A RESOLUTION OF THE CITY COUNCIL OF THE CITY <br /> OF VERO BEACH, FLORIDA, AUTHORIZING THE <br /> CITY'S STAFF TO DEVELOP A DETAILED PROCESS TO <br /> HOLD A REFERENDUM OF THE CITY'S NAMED <br /> RETAIL ELECTRIC CUSTOMERS REGARDING THE <br /> ESTABLISHMENT OF A UTILITY AUTHORITY TO <br /> OPERATE THE BUSINESS OF THE CI'T'Y ELECTRIC <br /> UTILITY; PROVIDING FOR AN EFFECTIVE DATE. <br /> WHEREAS, the City of Vero Beach operates an electric utility system that serves <br /> customers inside the city limits of the City and also serves customers located in unincorporated <br /> Indian River County and in the Town of Indian River Shores; and <br /> WHEREAS, customers have expressed a desire that the City establish a utility authority <br /> to operate the business of the City's electric utility system; and <br /> WHEREAS, in 2008, the Florida Legislature enacted Section 366.04(7), Florida Statutes <br /> (also referred to herein as the"2008 Statute"),which required municipal electric utilities meeting <br /> certain criteria to conduct a referendum of their named retail electric customers regarding those <br /> customers' desire to have the municipal electric utility establish a utility authority to operate the <br /> business of the electric utility; and <br /> WHEREAS, the City of Vero Beach duly evaluated whether the City was subject to <br /> Section 366.04(7), Florida Statutes, in accordance with the criteria set forth therein, and <br /> determined that it was not subject to that section, because the City had fewer than 30,000 named <br /> retail electric customers as of September 30, 2007, and also because the City electric utility <br /> served customers outside Indian River County as of September 30,2007;and <br /> WHEREAS, customers of the City electric system have continued to request that the <br /> City consider establishing a utility authority to operate the business of the City electric utility; <br /> and <br /> WHEREAS, the Town of Indian River Shores has initiated a civil lawsuit against the <br /> City, in which the Town effectively demands, among other things, that the Circuit Court order <br /> the City to comply with the requirements of the 2008 Statute;and <br /> WHEREAS, although the City is not subject to the 2008 Statute, the City desires, as a <br /> matter of good faith and responsiveness to the concerns expressed by its customers,to conduct a <br /> referendum of its retail electric customers that complies, to the extent reasonably possible, with <br /> the 2008 Statute;and <br /> WHEREAS, the Indian River County Supervisor of Elections has advised the City that <br /> she cannot conduct the subject referendum because those who are to vote in the referendum are <br /> not registered voters, but rather the City's named retail electric customers, and has also advised <br /> Page l of 3 <br /> L43 <br />