HomeMy WebLinkAboutDocumentation_Regular_Tab 24_11/13/2008;~~ .
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VILLAGE COUNCIL MEETING:
VILLAGE OF TEQUESTA
AGENDA ITEM TRANSMITTAL FORM
Meeting Date:
Nov 14, 2008 Meeting Type: Regular Ordinance
Consent Agenda: Yes Resolution 49-08
Originating Department: Finance
2. AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report)
Opposing any change in the Village's water rate making authority established by the Florida Legislature in
Section 180.91, Florida Statutes.
3. BUDGET /FINANCIAL IMPACT:
Account #: Water Revenue Accounts Amount of this item potential reduction of 64% of currently
budgeted revenue from surcharges (approx. $208,000)
Current Budgeted Amount Available: Amount Remaining after item:
Budget Transfer Required: No Appropriate Fund Balance: Yes
4. EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item)
Opposing and protesting the efforts of Miami-Dade County, to amend Section 180.191, Florida Statutes
to prohibit municipal water and sewer utilities from levying a surcharge on consumers outside the city
unless an equal surcharge is levied on consumers inside the city.
5. APPROVALS:
Dept. Head: Finance Director: l ~
Attorney: (for legal sufficiency)
Yes ^ No ^
Village Manager: ~~
SUBMIT FOR COUNCIL DISCUSSION:
APPROVE ITEM:
DENY ITEM: ^
MEMORANDUM -
:
FINANCE DEPARTMENT
DATE: OCTOBER 28, 2008
TO: MICHAEL R COUZZO, VILLAGE MANAGER
FROM: JOANN FORSY'I'HE, FINANCE DIRECTOR
RE: RESOLUTION OPPOSING ANY CHANGE IN THE VILLAGE'S WATER
RATE MAKING AUTHORITY ESTABLISHED BY THE FLORIDA
LEGISLATURE IN SECTION 180.91 FLORIDA STATUTES
At your direction, in response to an October 16, letter sent to the Village by the City of North Miami
Beach and the City of North Miami, I attended a meeting regarding efforts by Miami-Dade Board of County
Commissioners to amend Section 180.191, Florida Statutes.
At this time, Section 180.191 F.S. allows municipality to add a surcharge of not more than 25 percent of
rates, fees and charges to consumers outside the Village's boundaries. The meeting was called to make clear to
municipalities that such a change in the statutes would affect all cities not just North Miami Beach and North
Miami. Also, Miami-Dade County has passed a resolution "urging the Florida Legislature to reinstate language
prohibiting municipal water and sewer utilities from charging a surcharge to consumers located outside the City
based on water surcharges imposed by the City of North Miami." And that the resolution has been
transmitted to Governor Crist, the Legislature and the Miami-Dade County state lobbyists to advocate for
them.
It was requested that all municipalities with utilities pass a resolution opposing any such change to Section
180.191 F.S. and send copies to Governor Crist, the Florida Legislature, the Florida League of Cities as well as
North Miami Beach and North Miami. I have attached a copy of a resolution opposing any change in the
Village's water rate making authority established by the Florida Legislature in Section 180.191 of the Florida
Statutes and opposing and protesting the efforts of Miami-Dade County to prohibit municipal water and sewer
utilities from levying a surcharge on consumers outside the Village unless an equal surcharge is levied on
consumers inside the Village.
11/4/088:11 AM
RESOLUTION NO. 49-08
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA,
PALM BEACH COUNTY, FLORIDA, OPPOSING AND PROTESTING ANY
CHANGE IN THE VILLAGE'S WATER RATE MAKING AUTHORITY
ESTABLISHED BY THE FLORIDA LEGISLATURE IN SECTION 180.91,
FLORIDA STATUTES AND SPECIFICALLY THE EFFORTS OF MIAMI-DADE
COUNTY TO PROHIBIT MUNICIPAL WATER AND SEWER UTILITIES FROM
LEVYING A SURCHARGE ON CONSUMERS OUTSIDE THE VILLAGE UNLESS
AN EQUAL SURCHARGE IS LEVIED ON CONSUMER INSIDE THE VILLAGE.
Whereas, Section 180.191, Florida Statutes, grants every municipality in Florida that
operates water and sewer systems outside their own boundaries the right to establish
water and sewer rates for outside city customers that include a surcharge up 25%
without a special public hearing and up to 50% with a special public hearing; and
Whereas, the surcharge permitted by the State recognizes and justifiably offsets the
capital costs and burden carried by a municipality's taxpaying citizens to enable the
acquisition, maintenance and operation of its water & sewer utility and, therefore,
provide quality water & sewer services for non-residents and non-municipal
taxpayers; and
Whereas, the Village of Tequesta has been appropriately collecting the statutory
surcharge pursuant to Section 180.191; and
Whereas, The Village of Tequesta's water utility continues to provide high quality
water service to outside Village customers, which enables economic development in
its service area and enhances the quality of life of its customers;
Whereas, Miami-Dade County has enacted a resolution urging the Florida
Legislature to prohibit municipal Water and Sewer Utilities from levying a surcharge to
consumers located outside a city unless an equal surcharge is levied on consumers
located inside a city.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1 The foregoing recitals are true and correct.
Section 2 The Village of Tequesta opposes any change in the Village's water rate
making authority established by the Florida Legislature in Section 180.91, Florida Statutes.
Section 3 The Village of Tequesta protests and opposes the effort by Miami-Dade
County to prohibit municipal water and sewer utilities from levying a surcharge to consumers
located outside the Village unless an equal surcharge is levied on consumers located inside the
Village.
Section 4 The Village Clerk is hereby directed to send a copy of this Resolution to
the City of North Miami Beach, President of the Florida Senate, Speaker of the Florida House of
Representatives, Florida Governor Crist, and the legislative leadership at The Florida League of
Cities, Inc.
The foregoing Resolution was offered by _
moved its adoption. The motion was seconded by
upon being put to a vote, the vote was as follows:
Mayor Patricia Watkins
Vice-Mayor Calvin Turnquest
Council Member Vince Arena
Council Member Jim Humpage
Council Member Tom Paterno
who
and
For Adoption Against Adoption
The Mayor thereupon declared the Resolution duly passed and adopted this 14th day of
November, 2008.
MAYOR OF TEQUESTA
ATTEST:
Lori McWilliams, CMC
Village Clerk
Patricia Watkins
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