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12/17/2014 (3)
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12/17/2014 (3)
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Last modified
6/27/2018 4:15:40 PM
Creation date
3/23/2016 9:09:39 AM
Metadata
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Template:
Meetings
Meeting Type
BCC Joint Meeting
Document Type
Agenda Packet
Meeting Date
12/17/2014
Meeting Body
Board of County Commissioners
Town of Indian River Shores
Book and Page
140
Subject
Florida Governmental Conflict Resolution Process
Electric Rates
Supplemental fields
FilePath
H:\Indian River\Network Files\SL00000H\S0005BI.tif
SmeadsoftID
14486
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,*no, (3) Grant the Town and the Customer any other relief which may be proper. <br /> COUNT IV <br /> For Declaratory and Injunctive Relief Relating to the City's <br /> Violation of the Customer's Constitutional Rights <br /> 86. This count is an action by the Customer against the City for declaratory judgment <br /> that the City's denial of the Customer's right to vote in a referendum and otherwise be <br /> represented as provided in Section 366.04(7), Florida Statutes, violates the Customer's due <br /> process and equal protection rights under the United States and Florida Constitutions, and for <br /> injunctive relief to require the City to comply with Section 366.04(7) in order to remedy these <br /> Constitutional violations. <br /> 87. The Customer adopts paragraphs 1 through 44 and paragraphs 71 through 85 as if <br /> set forth fully herein. <br /> 88. Section 366.04(7) provides all of the City's retail electric customers -- both <br /> Resident Customers and Non-Resident Customers -- a right to vote in a referendum on whether a <br /> separate electric utility should be created to operate the business of the City's electric utility. <br /> 89. The City has denied that right to vote to the Customer, as well as to all of its other <br /> Non-Resident Customers. <br /> 90. The process set forth in Section 366.04(7) also provides an opportunity, upon <br /> approval through the referenced referendum, for the Customer and all other Non-Resident <br /> Customers of the City to be served by a separate electric utility authority, the governing board of <br /> which shall proportionately represent the Resident and Non-Resident Customers of the City's <br /> electric utility. <br /> 91. The City continues to deny the Customer, as well as all its other Non-Resident <br /> Customers, a path to obtaining that fair and proportionate representation. <br /> 20 <br /> 9,5 <br />
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