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12/17/2014 (2)
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12/17/2014 (2)
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Last modified
4/4/2018 3:41:12 PM
Creation date
12/20/2016 11:34:31 AM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
12/17/2014
Meeting Body
Town of Indian River Shores
City of Vero Beach
Subject
Mediation Meeting Electric Utilities
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• the PSC's approval of the territorial agreement, should be read to restrict the Town's broad <br />• <br />regulatory power to grant or deny franchises for the use of its rights-of-way and other public <br />areas. § 366.11(2), Fla. Stat. (2014) ("Nothing herein shall restrict the police power of <br />municipalities over their streets, highways, and public places..."). <br />60. In fact, in interpreting the jurisdictional limitations in Section 366.11(2), Florida <br />Statutes, the PSC has expressly ruled that it has no authority to impose itself in a dispute over <br />whether a franchise agreement should be allowed to expire. See PSC Order No. 10543 (Jan. 25, <br />1982). <br />61. Moreover, the territorial agreement itself expressly acknowledges that the service <br />area boundaries contained therein may be terminated or modified by a court of law. <br />62. Thus nothing in the territorial agreement or the PSC approval thereof impedes the <br />prosecution of this Complaint wherein the Town seeks to enforce its broad and sovereign <br />regulatory powers to deny a franchise to another municipality for the use of the Town's rights- <br />of-way and public areas. <br />63. The Town has elected not to renew the Franchise Agreement with the City <br />because the City continues to mismanage its electric utility and to charge the Town and its <br />citizens unreasonable and excessive electric rates. <br />64. Pursuant to its broad regulatory powers over its rights-of-way and other public <br />areas, the Town has the legal right to require the City to remove its electric utility infrastructure <br />from the Town's public rights-of-way when the Franchise Agreement expires on November 6, <br />2016, and to obtain substitute electric service from other providers. See City of Indian Harbour <br />Beach v. City of Melbourne, 265 So. 2d 422 (Fla. 4th DCA 1972). In that case the court was <br />asked to resolve a similar inter -municipality dispute involving Melbourne's provision of utility <br />14 <br />eq <br />
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