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s <br />• <br />Accordingly, the City's interests are to maintain its highly <br />reliable service and to earn a reasonable return on its investment, <br />consistent with the standard articulated by the Fifth DCA in Rosalind. <br />Consistent with those interests, the City will continue its active and <br />ongoing efforts to reduce its rates, but the City will insist on its <br />ability to charge rates that generate sufficient funds to pay for the <br />capital and operating expenses necessary to do so. <br />The City's Efforts to Resolve the Pending Disputes <br />While not styled as "settlement offers," the City of Vero Beach <br />has undertaken extensive action to address the concerns of all of its <br />customers, including the concerns raised by the Town and the County. <br />As noted above, in its ongoing efforts to address the desire of the <br />Town, the County, and other customers for lower rates, the City spent <br />more than two years and expended substantial sums - in excess of $1.7 <br />million - in its efforts to consummate the sale of its electric <br />utility system to FPL. Further, the City remains willing to sell its <br />system to FPL, but at this time, neither FPL nor the City have been <br />able to identify a way forward to consummate that sale. Again, the <br />insurmountable obstacle to closing the sale to FPL is the failure of a <br />critical, necessary condition precedent to the sale, which is finding <br />another municipal utility willing and able to take assignment of the <br />City's rights and responsibilities under the project contracts for the <br />Stanton Project, the Stanton II Project, and the St. Lucie Project of <br />the Florida Municipal Power Agency, through which the City has <br />obtained virtual ownership interests in the named power plants. <br />After it became apparent, at the beginning of June 2014, that <br />this critical condition precedent would be difficult if not impossible <br />to meet, the City turned its attention to addressing the concerns of <br />the City Council and the concerns of the City's electric customers. <br />The most important of those concerns is to lower the City's electric <br />rates, and additionally, the City has moved forward with efforts to <br />hold the referendum sought by the Town and also to work <br />collaboratively with the Town and the County to establish a utility <br />authority. <br />The City's Efforts to Lower Electric Rates. In its efforts to <br />lower its retail rates, City representatives have met several times <br />with OUC senior management to discuss ways in which the pricing under <br />the OUC-Vero Beach PPA might be adjusted in a fair way that would <br />enable the City to reduce its retail rates. Those .efforts and <br />discussions are ongoing; they are summarized in a memorandum dated <br />December 1, 2014, from the undersigned to the Vero Beach City Council. <br />See Attachment B. In short, OUC has proposed two different sets of <br />potential amendments: one set would provide greater cost savings but <br />would entail keeping the PPA in place through 2029 and other value <br />11 <br />ao <br />