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12/17/2014 (3)
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12/17/2014 (3)
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871090-EU, Order No. 18834 (February 9, 1988) (collectively referred to <br /> as the "Commission's Territorial Orders") . <br /> The City's service area, as approved by the Commission's <br /> Territorial Orders, includes the area within the City limits, areas <br /> outside the City limits in unincorporated Indian River County, and most <br /> of the Town of Indian River Shores. On information and belief, the <br /> City asserts that it has served areas outside the City limits since as <br /> early as the 1930s, and probably since the 1920s . The earliest known <br /> documentary evidence of the City serving outside the City limits is <br /> found in Chapter No. 599 of the City's ordinances, enacted on October <br /> 21, 1952 . This ordinance clearly shows that the City was serving <br /> outside the City limits at least as early as that year. <br /> In 1974, the Legislature enacted the Grid Bill, Chapter 74-196, <br /> Laws of Florida, which among other things made the Commission' s <br /> "implicit authority" over territorial agreements and territorial <br /> disputes explicit, Public Service Comm'n v. Fuller, 551 So. 2d 1210, <br /> 1212 (Fla. 1989) , and also gave the Commission express jurisdiction <br /> over the "planning, development, and maintenance of a coordinated <br /> electric power grid throughout the state of Florida" and the <br /> "responsibility of avoiding the uneconomic duplication of facilities . " <br /> Id. ; Fla. Stat. § 366 . 04 (5) . In sum, in the 1980 and 1987 dockets, the <br /> Commission exercised its jurisdiction under its Grid Bill authority, <br /> codified in Chapter 366, to approve the territorial agreements between <br /> FPL and Vero Beach in order to prevent the uneconomic duplication of <br /> facilities and to provide for the most efficient service to the area in <br /> question. <br /> In 1986, following on the already considerable history of the City <br /> serving outside its corporate boundaries, the City and the Town of <br /> Indian River Shores entered into a 30-year franchise agreement. In <br /> 1987, the City and Indian River County also entered into the 30-year <br /> franchise agreement discussed in the Board's Petition (the "County-City <br /> Franchise Agreement" or the "Franchise Agreement") . Neither Indian <br /> River Shores nor the County had ever had a franchise agreement with the <br /> City before 1986 or 1987, respectively. Although facially obvious, it <br /> bears noting that the Commission's express statutory territorial <br /> jurisdiction had been in effect for more than a decade before either <br /> franchise agreement was executed, and that the Commission's <br /> jurisdiction and power to approve territorial agreements had been in <br /> effect, as upheld and approved by the Florida Supreme Court, for two <br /> decades before either franchise agreement existed. Although authorized <br /> to do so, the Town has never asked the City to collect and remit <br /> franchise fees to the Town. Pursuant to the County-City Franchise <br /> Agreement, the City has consistently collected and remitted franchise <br /> fees to the County. <br /> 4 �� <br />
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