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• COUNT III For Declaratory and Injunctive Relief Relating to the City's Non -Compliance with Section 366.04(7), Florida Statutes 71. This count is an action for declaratory and injunctive relief by the Plaintiffs against the City relating to the City's failure to comply with Section 366.04(7), Florida Statutes. 72. Plaintiffs adopt paragraphs 1 through 44 as if set forth fully herein. 73. The City's electric utility is managed and its electric rates are set exclusively by the City's Council Members who are elected by the citizens who reside inside the City's limits. 74. Approximately 65% of the City's electric customers are not "residents" of the City, cannot as a matter of law vote in City elections, and thus have no voice in electing those officials that manage the City's electric utility and set their electric rates. Plaintiffs are part of this disenfranchised portion of the City's electric customers. • 75. Section 366.04(7), Florida Statutes, was passed to provide non-resident customers • of small municipal electric utilities, such as the Plaintiffs, a voice in electing the governing board of their electric utility. Section 366.04(7) requires each "affected municipal electric utility" to conduct a referendum election of all of its retail electric customers (both inside and outside the municipal limits) to determine if a majority of the customers are in favor of creating a separate electric utility authority whose governing board shall proportionately represent Resident and Non -Resident Customers. 76. For purposes of Section 366.04(7), "affected municipal electric utility" means a municipal electric utility which serves two cities in the same non -charter county, does not serve outside of its home county, and which had between 30,000 and 35,000 retail electric customers on September 30, 2007. 17