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12/17/2014 (3)
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12/17/2014 (3)
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Last modified
6/27/2018 4:15:40 PM
Creation date
3/23/2016 9:09:39 AM
Metadata
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Template:
Meetings
Meeting Type
BCC Joint Meeting
Document Type
Agenda Packet
Meeting Date
12/17/2014
Meeting Body
Board of County Commissioners
Town of Indian River Shores
Book and Page
140
Subject
Florida Governmental Conflict Resolution Process
Electric Rates
Supplemental fields
FilePath
H:\Indian River\Network Files\SL00000H\S0005BI.tif
SmeadsoftID
14486
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GENERAL ALLEGATIONS <br /> The City's Authority To Provide Electric Utility Service Within The Town <br /> Is Conditioned Upon The Town's Permission <br /> Which Has Been Revoked As Of November 6, 2016 <br /> 7. The City owns and is responsible for operating a municipal electric utility system <br /> that serves approximately 34,000 customers, of which approximately 12,000 are located within <br /> the City ("Resident Customers") and approximately 22,000 are located outside the City ("Non- <br /> Resident Customers"). Approximately 3,500 of the City's Non-Resident Customers are in the <br /> Town. <br /> 8. The Plaintiffs are located in the Town and receive electric utility service from the <br /> City. The Town is located outside the City. Thus, Plaintiffs are Non-Resident Customers of the <br /> City. <br /> 9. The City's ability to provide electric utility service in the Town is derived directly <br /> from the consent of the Town, and the City has no legal right to provide such service absent the <br /> Town's consent. <br /> 10. The Florida Constitution and the Municipal Home Rules Powers Act provide the <br /> Town with broad powers to regulate the use of its own rights-of-way and other public areas. Art. <br /> VIII, § 2(b), Fla. Const.; § 166.021, Fla. Stat. (2014). <br /> 11. The special act that established the Town also provides it with broad powers to <br /> regulate the use of its rights-of-way, contract with other municipalities for the provision of <br /> electricity, and grant franchises of all kinds for the use of its rights-of-way and public areas. Ch. <br /> 29163, §2(e) & (f), Laws of Fla. (1953). <br /> 12. Pursuant to those broad powers, the Town entered into a franchise agreement with <br /> the City in 1986 (the "Franchise Agreement") that granted the City an exclusive franchise to <br /> 3 <br /> ! 8 <br />
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