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• <br />• <br />• <br />service to the residents of Indian Harbour Beach at rates which Indian Harbour Beach asserted <br />were unreasonable. The Court resolved the dispute finding that, unless the cities mutually agreed <br />to resolve their dispute, Indian Harbour Beach had the right to "expel" Melbourne and to obtain <br />"substitute" utility service from other providers pursuant to an orderly process which the Court <br />would supervise. Id. at 424-25. <br />65. There is nothing in the Franchise Agreement that prohibits or in any way restricts <br />the Town's right to expel the City's electric facilities from its rights-of-way and other public areas <br />when the Franchise Agreement expires. <br />66. There is nothing in the Franchise Agreement that requires the Town to purchase <br />the City's electric facilities in the Town's rights-of-way or pay for the relocation of the City's <br />electric facilities upon expiration of the Franchise Agreement. Thus, the City must bear the cost <br />of removing its electric facilities from the Town's rights-of-way and public areas at the <br />expiration of the Franchise, or negotiate a sale, lease or other transfer of those electric facilities <br />to the substitute utility electric service provider selected by the Town. <br />67. The City has indicated that it will not vacate the Town's rights-of-way public <br />property, or allow the Town to secure substitute electric service from other providers, when the <br />City's Franchise expires. <br />68. The Town needs to act now to ensure that the City will remove its electric <br />facilities from the Town's public property when the Franchise Agreement expires and that it does <br />so in an orderly and efficient manner so that substitute electric utility service, other than from the <br />City, will be available to serve the Town and its citizens when the City's Franchise expires. The <br />Town also needs to ensure that the transition to such substitute electric utility service will not <br />result in interruption of electric service to the Town or any of its citizens. A sufficient transition <br />15 <br />10 <br />