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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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871090-EU,,Order No. 18834 (February 9, 1988) (collectively referred to 41, <br />as the "Commission's Territorial Orders"). <br />The City's. service area,. as approved .by the Commission'.s <br />Territorial •Orders, includes the area within the City limits, areas <br />outside the City limits in unincorporated.Indian River County, and most <br />of the Town of Indian River Shores. On, information and belief, the <br />City asserts that it -has served areas outside the City limits since as <br />early as the 1930s, and probably since the 1920s. The earliest known <br />documentary evidence of the City serving outside. the City limits is <br />found in Chapter. No. 599 of the City's ordinances, enacted on October <br />21, 1952. This ordinance clearly shows that the City was serving <br />outside the City limits at least as early as that year. <br />In 1974, the Legislature enacted the Grid Bill, Chapter 74-196, <br />Laws of Florida, which among other things made the Commission's <br />"implicit authority" over territorial agreements and territorial <br />disputes explicit, ,Public.. Service Comm'n v. Fuller, 551 So. 2d 1210, <br />1212 (Fla. 1989), and. also gave the Commission 'express jurisdiction <br />over the "planning, development, and maintenance of a coordinated <br />electric power grid throughout the state of Florida" and the <br />"responsibility of avoiding the uneconomic duplication of facilities." <br />Id.; Fla. Stat. § 366.04(5). In sum,' in the 1980 and 1987 dockets, the <br />Commission exercised its jurisdiction under its Grid Bill authority, <br />codified in Chapter 366,. to approve the territorial agreements between <br />FPL and Vero Beach in order to prevent the uneconomic duplication of <br />facilities. and to provide for the most efficient service to the area in <br />question. <br />In 1986, following on the already considerable history of the City <br />serving outside its corporate boundaries, the City and the Town of <br />Indian River Shores entered into, a 30 -year franchise agreement. In <br />1987, the City and Indian River County also entered into the 30 -year <br />franchise agreement discussed in the Board's Petition (the "County -City <br />Franchise Agreement" or the "Franchise Agreement"). • Neither Indian <br />River Shores nor the County had ever had a franchise agreement with the <br />City'before 1986 or 1987, respectively. Although facially obvious, it <br />bears noting that the' Commission's express statutory territorial <br />jurisdiction had been'in effect for more than a decade before either <br />franchise agreement was executed, and that the Commission's <br />jurisdiction and power to approve territorial agreements had been in <br />effect, as upheld and approved by the Florida Supreme- Court, for two <br />decades before either franchise agreement existed. Although authorized <br />to do so, the Town has never asked the City to collect and remit <br />franchise. fees to the Town. Pursuant to the County -City Franchise <br />Agreement, the City has consistently collected and remitted franchise <br />fees to the County. <br />4 <br />l9 <br />• <br />
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