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• 19. Florida law does not authorize a municipality to provide extra -territorial electric <br />• <br />• <br />utility service within another municipality's corporate limits without the other municipality's <br />permission. The Franchise Agreement provides the permission under which the City is currently <br />providing electric utility service in the Town, but the City will no longer have that permission <br />after November 6, 2016. <br />20. The Town has elected to revoke its permission for the City to operate its electric <br />utility in the Town because the City continues to mismanage its utility and charge the Town and <br />its citizens unreasonable and excessive electric rates. <br />The City's Failure to Charge Reasonable Rates <br />21. The City's electric rates have increased dramatically over the last 10 years. Today, <br />the Plaintiffs and other Non -Resident Customers in the Town are forced to pay unreasonable <br />electric rates that are approximately 30% higher than the electric rates paid by Town citizens <br />receiving electric utility service from FPL. <br />22. Upon information and belief, Plaintiffs and other Non -Resident Customers in the <br />Town receiving electric service from the City are collectively paying in excess of $2.0 million <br />more per year than they otherwise would pay if electric service was provided by FPL. <br />23. Because FPL is an investor-owned utility, its electric rates are regulated by the <br />Florida Public Service Commission ("PSC") under Chapter 366, Florida Statutes. <br />24. In contrast, as a municipal electric utility, the City and its electric utility rates are <br />not regulated by the PSC. See §§ 366.04 and 366.02(1), Fla. Stat. (2014) (providing the PSC with <br />the jurisdiction to regulate rates and services of a "public utility," but excluding municipalities <br />from the definition of "public utility"). <br />5 <br />