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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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,.Aw 92. Rather, the City's electric utility is controlled and managed by the City Council, <br /> which is "elected by the qualified voters of said City" alone. Ch. 14439, §§ 9, 40, Laws of Fla. <br /> (1929). <br /> 93. When all citizens are affected in important ways by a governmental decision, and <br /> indeed are given the right to vote and participate in that decision by legislative act, it is <br /> unconstitutional to exclude some of those citizens from the electoral franchise rights accorded to <br /> others similarly affected. <br /> 94. By depriving the Customer (and other Non-Resident Customers) of the right to <br /> vote and participate in the processes provided for in Section 366.04(7), the City is in continual <br /> violation of the Customer's right to due process and equal protection under the United States and <br /> Florida Constitutions. U.S. Const. amend. XIV, § l; Fl. Const. art. I, §§ 2, 9. <br /> 95. This denial of the Customer's Constitutional rights constitutes an ongoing and <br /> �" irreparable harm for which there is no adequate remedy at law. <br /> 96. There exists a present, actual, and justifiable ongoing controversy between the <br /> Customer and the City regarding whether the City should provide the Customer a right to vote on <br /> matters concerning the City's electric utility, requiring a declaration of rights, not merely the <br /> giving of legal advice. <br /> WHEREFORE, the Customer requests this Court: <br /> (l) Declare that the City's denial of the Customer's right to vote in a referendum and <br /> otherwise participate in the opportunities for representation provided in Section 366.04(7), <br /> Florida Statutes, violates the due process and equal protection clauses of the United States <br /> Constitution and the Florida Constitution; <br /> (2) Enjoin the City from continuing to deny such voting right, and require the City to <br /> comply with Section 366.04(7) in order to address the Constitutional deficiencies alleged herein; <br /> and <br /> (3) Grant the Customer such other and further relief as the Court deems proper under <br /> the circumstances. <br /> 21 <br />
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