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. GENERAL ALLEGATIONS <br />• <br />• <br />The City's Authority To Provide Electric Utility Service Within The Town <br />Is Conditioned Upon The Town's Permission <br />Which Has Been Revoked As Of November 6, 2016 <br />7. The City owns and is responsible for operating a municipal electric utility system <br />that serves approximately 34,000 customers, of which approximately 12,000 are located within <br />the City ("Resident Customers") and approximately 22,000 are located outside the City ("Non - <br />Resident Customers"). Approximately 3,500 of the City's Non -Resident Customers are in the <br />Town. <br />8. The Plaintiffs are located in the Town and receive electric utility service from the <br />City. The Town is located outside the City. Thus, Plaintiffs are Non -Resident Customers of the <br />City. <br />9. The City's ability to provide electric utility service in the Town is derived directly <br />from the consent of the Town, and the City has no legal right to provide such service absent the <br />Town's consent. <br />10. The Florida Constitution and the Municipal Home Rules Powers Act provide the <br />Town with broad powers to regulate the use of its own rights-of-way and other public areas. Art. <br />VIII, § 2(b), Fla. Const.; § 166.021, Fla. Stat. (2014). <br />11. The special act that established the Town also provides it with broad powers to <br />regulate the use of its rights-of-way, contract with other municipalities for the provision of <br />electricity, and grant franchises of all kinds for the use of its rights-of-way and public areas. Ch. <br />29163, §2(e) & (f), Laws of Fla. (1953). <br />12. Pursuant to those broad powers, the Town entered into a franchise agreement with <br />the City in 1986 (the "Franchise Agreement") that granted the City an exclusive franchise to <br />3 <br />