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„%MW required by the statute that would give Plaintiffs and other Non-Resident Customers an electoral <br /> voice in the governance of the City's municipal electric utility. <br /> 82. Plaintiffs dispute the City's erroneous interpretation of Section 366.04(7), and <br /> dispute the City's contention that it is not subject to that law. <br /> 83. Consistent with the method the City used for counting customers in its audited <br /> financial statements, its other filings with the PSC, and its filings with the various credit rating <br /> agencies, the City should be required to count customers by quantifying separate meter accounts, <br /> in which case the City is subject to the requirements of Section 366.04(7), Florida Statutes. <br /> 84. The Plaintiffs are being continually and irreparably harmed by the City's ongoing <br /> failure to comply with Section 366.04(7), because if the City complied with that statute, the <br /> Plaintiffs would have an opportunity to vote on the creation of a utility authority, which if <br /> approved, would give them a voice in electing the decision-makers who govern the City's electric <br /> utility and set the electric rates which Plaintiffs are being forced to pay. Thus, there exists a <br /> present, actual, and justifiable controversy between the Plaintiffs and the City, requiring a <br /> declaration of rights, not merely the giving of legal advice. <br /> 85. The Plaintiffs have a clear legal and ongoing right to vote in the referendum and <br /> otherwise be represented as provided by Section 366.04(7), Florida Statutes, and no adequate <br /> remedy at law to cure the ongoing denial of that right and the irreparable harm imposed on <br /> Plaintiffs. <br /> WHEREFORE, the Town and the Customer request this Court: <br /> (1) Declare that the City is subject to and must comply with Section 366.04(7)(a), <br /> Florida Statutes; <br /> (2) Enjoin the City from continuing to fail to comply with the requirements of <br /> Section 366.04(7); and <br /> 19 <br /> qq <br />