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• (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 />III88. Section 366.04(7) provides all of the City's retail electric customers -- both <br />• <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 />95 <br />