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filed a petition for declaratory statement to the Florida Public <br />Service. Commission ("PSC") raising issues similar to those raised in <br />the Town's Complaint. <br />Indian River Shores' Complaint <br />The Town's Complaint raised four counts, summarized here: <br />1. For declaratory relief that the City's electric rates "are <br />unreasonable, unjust, and inequitable in violation" of law, and <br />injunctive relief enjoining the City from charging such rates;' <br />2. For declaratory relief that upon the expiration of the existing <br />franchise agreement between the Town and the. City, "the City has no <br />legal authority to provide extra -territorial electric service to <br />customers residing within the corporate limits of the Town," and that <br />upon "expiration of the Franchise Agreement on November 6, 2016, the <br />Town has a legal right to seek substitute electric service from other <br />providers;" <br />3. For declaratory relief that the City is subject to and must <br />complywith the provisions of Section 366.04(7), Florida Statutes, <br />which would require municipalities meeting certain criteria to hold a <br />referendum of their customers regarding the establishment of a utility <br />authority to operate the business of the electric utility; and <br />4. For declaratory relief that the City's denial of the rights of <br />co -plaintiff Michael Ochsner to vote in ,the referendum constitutes a <br />Constitutional violation of Mr. Ochsner's rights .to due process and <br />equal protection of the law. <br />Indian River County's Petition for Declaratory Statement <br />On July 21, 2014, Indian River County ("County") filed a petition <br />for declaratory statement ("Petition") with the Florida Public Service <br />Commission ("PSC"), in which the County requested 14 separate <br />declarations from the PSC. Generally, therequested statements seek <br />the PSC's declaration that upon expiration of the existing franchise <br />agreement between the County and the City, the City will no longer <br />have the right or authority to provide electric service to customers <br />located in the unincorporated areas of the County outside the City <br />limits. The County's Petition also asked the PSC to declare its <br />status as either a "public utility" or an "electric utility," defined. <br />terms,with certain regulatory implications, under the PSC's governing <br />statutes, mentioned the referendum issue raised by -the Town, and asked <br />for the PSC's advice regarding. potential County liability for the <br />City's, contract obligations, continuing PSC jurisdiction, or lack <br />thereof, over what are now the City's electric distribution <br />2 <br />• <br />• <br />