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• 92. Rather, the City's electric utility is controlled and managed by the City Council, • • which is "elected by the qualified voters of said City" alone. Ch. 14439, §§ 9, 40, Laws of Fla. (1929). 93. When all citizens are affected in important ways by a governmental decision, and indeed are given the right to vote and participate in that decision by legislative act, it is unconstitutional to exclude some of those citizens from the electoral franchise rights accorded to others similarly affected. 94. By depriving the Customer (and other Non -Resident Customers) of the right to vote and participate in the processes provided for in Section 366.04(7), the City is in continual violation of the Customer's right to due process and equal protection under the United States and Florida Constitutions. U.S. Const. amend. XIV, § 1; F1. Const. art. I, §§ 2, 9. 95. This denial of the Customer's Constitutional rights constitutes an ongoing and irreparable harm for which there is no adequate remedy at law. 96. There exists a present, actual, and justifiable ongoing controversy between the Customer and the City regarding whether the City should provide the Customer a right to vote on matters concerning the City's electric utility, requiring a declaration of rights, not merely the giving of legal advice. WHEREFORE, the Customer requests this Court: (1) Declare that the City's denial of the Customer's right to vote in a referendum and otherwise participate in the opportunities for representation provided in Section 366.04(7), Florida Statutes, violates the due process and equal protection clauses of the United States Constitution and the Florida Constitution; (2) Enjoin the City from continuing to deny such voting right, and require the City to comply with Section 366.04(7) in order to address the Constitutional deficiencies alleged herein; and (3) Grant the Customer such other and further relief as the Court deems proper under the circumstances. 21 9(0