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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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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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(4) Grant the Plaintiffs such other and further relief as the Court deems proper under <br /> the circumstances. <br /> COUNT II <br /> For Declaratory Relief That The City <br /> Must Remove Its Electric Facilities from the Town <br /> Upon Imminent Expiration of the Franchise Agreement <br /> 53. This count is an action for declaratory relief by the Town against the City <br /> regarding the Town's rights under the Franchise Agreement. <br /> 54. The Town adopts paragraphs 1 through 44 as if set forth fully herein. <br /> 55. The Town granted the City an exclusive 30-year Franchise to operate and <br /> maintain electric utility facilities within certain parts of the Town pursuant to the Town's broad <br /> powers to grant or deny franchises for the use of its rights-of-way and other public areas. <br /> 56. The City's ability to provide electric utility service in the Town is derived directly <br /> from the permission of the Town, and the City has no legal right to provide such service absent <br /> the permission of the Town. <br /> 57. The Franchise Agreement provides the permission under which the City is <br /> currently providing electric utility service in the Town. However, the City will no longer have <br /> that permission when its Franchise expires on November 6, 2016. <br /> 58. Under Florida law a Franchise is a privilege not a right, and the City has no right <br /> to keep its electric facilities in the Town's rights-of-ways and other public areas after the <br /> Franchise Agreement expires unless the Town otherwise grants permission. <br /> 59. Although the City has a territorial agreement with FPL that currently envisions <br /> that the City will provide electric service to a portion of the Town, and the PSC has approved <br /> that territorial agreement pursuant to that agency's regulatory authority under Chapter 366, <br /> Florida Statutes, the Florida Legislature has confirmed that "nothing" in Chapter 366, including <br /> 13 <br /> g� <br />
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