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*6W COUNT III <br /> For Declaratory and Injunctive Relief Relating to <br /> the City's Non-Compliance with Section 366.04(7), Florida Statutes <br /> 71. This count is an action for declaratory and injunctive relief by the Plaintiffs <br /> against the City relating to the City's failure to comply with Section 366.04(7), Florida Statutes. <br /> 72. Plaintiffs adopt paragraphs l through 44 as if set forth fully herein. <br /> 73. The City's electric utility is managed and its electric rates are set exclusively by <br /> the City's Council Members who are elected by the citizens who reside inside the City's limits. <br /> 74. Approximately 65% of the City's electric customers are not "residents" of the <br /> City, cannot as a matter of law vote in City elections, and thus have no voice in electing those <br /> officials that manage the City's electric utility and set their electric rates. Plaintiffs are part of this <br /> disenfranchised portion of the City's electric customers. <br /> 75. Section 366.04(7), Florida Statutes, was passed to provide non-resident customers <br /> of small municipal electric utilities, such as the Plaintiffs, a voice in electing the governing board <br /> of their electric utility. Section 366.04(7) requires each "affected municipal electric utility" to <br /> conduct a referendum election of all of its retail electric customers (both inside and outside the <br /> municipal limits) to determine if a majority of the customers are in favor of creating a separate <br /> electric utility authority whose governing board shall proportionately represent Resident and <br /> Non-Resident Customers. <br /> 76. For purposes of Section 366.04(7), "affected municipal electric utility" means a <br /> municipal electric utility which serves two cities in the same non-charter county, does not serve <br /> outside of its home county, and which had between 30,000 and 35,000 retail electric customers <br /> on September 30, 2007. <br /> 17 <br />