12/17/2014 (2) - Laserfiche WebLink

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. (4) Grant the Plaintiffs such other and further relief as the Court deems proper under the circumstances. COUNT II For Declaratory Relief That The City Must Remove Its Electric Facilities from the Town Upon Imminent Expiration of the Franchise Agreement 53. This count is an action for declaratory relief by the Town against the City regarding the Town's rights under the Franchise Agreement. 54. The Town adopts paragraphs 1 through 44 as if set forth fully herein. 55. The Town granted the City an exclusive 30 -year Franchise to operate and maintain electric utility facilities within certain parts of the Town pursuant to the Town's broad powers to grant or deny franchises for the use of its rights-of-way and other public areas. 56. The City's ability to provide electric utility service in the Town is derived directly IIIfrom the permission of the Town, and the City has no legal right to provide such service absent • the permission of the Town. 57. The Franchise Agreement provides the permission under which the City is currently providing electric utility service in the Town. However, the City will no longer have that permission when its Franchise expires on November 6, 2016. 58. Under Florida law a Franchise is a privilege not a right, and the City has no right to keep its electric facilities in the Town's rights -of -ways and other public areas after the Franchise Agreement expires unless the Town otherwise grants permission. 59. Although the City has a territorial agreement with FPL that currently envisions that the City will provide electric service to a portion of the Town, and the PSC has approved that territorial agreement pursuant to that agency's regulatory authority under Chapter 366, Florida Statutes, the Florida Legislature has confirmed that "nothing" in Chapter 366, including 13 88'