Laserfiche WebLink
period is required due to the number of customers involved; therefore, the Town needs the <br /> requested declaratory relief in advance of the Franchise Agreement's actual expiration in order to <br /> protect its citizens. <br /> 69. Thus, there exists a present, actual, and justifiable controversy between Town and <br /> the City, requiring a declaration of rights, not merely the giving of legal advice. <br /> 70. The Town seeks a declaration that under the Franchise Agreement and the <br /> statutory provisions cited above (i) the City has no legal authority to provide extra-territorial <br /> electric service to customers residing within the corporate limits of the Town upon expiration of <br /> the Franchise Agreement; and (ii) the Town has a clear legal right to require the City to remove <br /> its electrical facilities from the Town's rights-of-way upon expiration of the Franchise <br /> Agreement, and to seek substitute electric service from other providers. <br /> WHEREFORE, the Town requests this Court: <br /> (1) Declare that upon expiration of the Franchise Agreement the City has no legal <br /> authority to provide extra-territorial electric service to customers residing within the corporate <br /> limits of the Town; <br /> (2) Declare that at the expiration of the Franchise Agreement on November 6, 2016, <br /> the City will have no right to maintain its electrical facilities in the Town's public rights-of-way, <br /> and must remove its electrical facilities from the Town's public rights-of-way; <br /> (3) Declare that at the expiration of the Franchise Agreement on November 6, 2016, <br /> the Town has a legal right to seek substitute electric service from other providers; and <br /> (4) Grant the Town such other and further relief as the Court deems proper under the <br /> circumstances. <br /> 16 <br /> qI <br />