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• <br />• <br />• <br />construct, maintain and operate an electric utility within the Town's rights-of-way and other <br />public areas lying south of Old Winter Beach Road (the "Franchise"). A copy of the Franchise <br />Agreement is attached hereto as Exhibit "A." <br />13. Pursuant to its Franchise, the City has placed poles, wires, fixtures, conduits, <br />meters, cables and other electric facilities within the Town's rights-of-way and other public areas <br />for the purpose of supplying electricity to the Town and its inhabitants. <br />14. The City currently provides electric utility service to approximately 3,500 <br />customers within the Town, while Florida Power and Light Company ("FPL") serves the <br />remainder of the customers in the Town (approximately 739 customers). <br />15. In return for the Town granting the City the exclusive Franchise to operate an <br />electric utility within a certain area of the Town, the City agreed to provide the Town and its <br />citizens with electric utility service, to furnish such electric utility services in accordance with <br />normally accepted electric utility standards, and to charge only reasonable rates for the electric <br />services it provides. Ex. A, Franchise Agreement, §§ 1, 2 and 5. <br />16. The Franchise Agreement between the Town and the City has a term of thirty (30) <br />years and will expire on November 6, 2016. <br />17. The Town has formally advised the City in writing that it will not renew the City's <br />Franchise, and that upon expiration of the Franchise the City will no longer have the Town's <br />permission to occupy the Town's rights-of-way and public areas nor will it have the Town's <br />permission to operate an electric utility within the Town. <br />18. The City's sole authority to occupy or in any manner use the Town's rights -of - <br />ways and other public areas to provide electric service is found in the Franchise Agreement. <br />4 <br />'19 <br />