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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
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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
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FilePath
H:\Indian River\Network Files\SL00000H\S0005BI.tif
SmeadsoftID
14486
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service to the residents of Indian Harbour Beach at rates which Indian Harbour Beach asserted <br /> were unreasonable. The Court resolved the dispute finding that, unless the cities mutually agreed <br /> to resolve their dispute, Indian Harbour Beach had the right to "expel" Melbourne and to obtain <br /> "substitute" utility service from other providers pursuant to an orderly process which the Court <br /> would supervise. Id. at 424-25. <br /> 65. There is nothing in the Franchise Agreement that prohibits or in any way restricts <br /> the Town's right to expel the City's electric facilities from its rights-of-way and other public areas <br /> when the Franchise Agreement expires. <br /> 66. There is nothing in the Franchise Agreement that requires the Town to purchase <br /> the City's electric facilities in the Town's rights-of-way or pay for the relocation of the City's <br /> electric facilities upon expiration of the Franchise Agreement. Thus, the City must bear the cost <br /> of removing its electric facilities from the Town's rights-of-way and public areas at the <br /> expiration of the Franchise, or negotiate a sale, lease or other transfer of those electric facilities <br /> to the substitute utility electric service provider selected by the Town. <br /> 67. The City has indicated that it will not vacate the Town's rights-of-way public <br /> property, or allow the Town to secure substitute electric service from other providers, when the <br /> City's Franchise expires. <br /> 68. The Town needs to act now to ensure that the City will remove its electric <br /> facilities from the Town's public property when the Franchise Agreement expires and that it does <br /> so in an orderly and efficient manner so that substitute electric utility service, other than from the <br /> City, will be available to serve the Town and its citizens when the City's Franchise expires. The <br /> Town also needs to ensure that the transition to such substitute electric utility service will not <br /> result in interruption of electric service to the Town or any of its citizens. A sufficient transition <br /> 15 <br /> IV <br />
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