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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 />