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• <br />• <br />• <br />period is required due to the number of customers involved; therefore, the Town needs the <br />requested declaratory relief in advance of the Franchise Agreement's actual expiration in order to <br />protect its citizens. <br />69. Thus, there exists a present, actual, and justifiable controversy between Town and <br />the City, requiring a declaration of rights, not merely the giving of legal advice. <br />70. The Town seeks a declaration that under the Franchise Agreement and the <br />statutory provisions cited above (i) the City has no legal authority to provide extra -territorial <br />electric service to customers residing within the corporate limits of the Town upon expiration of <br />the Franchise Agreement; and (ii) the Town has a clear legal right to require the City to remove <br />its electrical facilities from the Town's rights-of-way upon expiration of the Franchise <br />Agreement, and to seek substitute electric service from other providers. <br />WHEREFORE, the Town requests this Court: <br />(1) Declare that upon expiration of the Franchise Agreement the City has no legal <br />authority to provide extra -territorial electric service to customers residing within the corporate <br />limits of the Town; <br />(2) Declare that at the expiration of the Franchise Agreement on November 6, 2016, <br />the City will have no right to maintain its electrical facilities in the Town's public rights-of-way, <br />and must remove its electrical facilities from the Town's public rights-of-way; <br />(3) Declare that at the expiration of the Franchise Agreement on November 6, 2016, <br />the Town has a legal right to seek substitute electric service from other providers; and <br />(4) Grant the Town such other and further relief as the Court deems proper under the <br />circumstances. <br />16 <br />of <br />