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HomeMy WebLinkAboutResolution_49-08_11/13/2008RESOLUTION N0.49-08 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; AND FOR OTHER PURPOSES. . 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 Council Member Humpage who moved its adoption. The motion was seconded by Vice-Mayor Turnquest and upon being put to a vote, the vote was as follows: For Adoption Against Adoption Mayor Pat Watkins X Vice-Mayor Calvin Turnquest X Council Member Vince Arena X Council Member Tom Paterno X Council Member Jim Humpage X The Mayor thereupon declared the Resolution duly passed and adopted this 13 day of November, 2008. MAYOR OF TEQUESTA ~: ~~~~ Pat Watkins ATTEST: Lori McWilliams, CMC Village Clerk T N. NCO DAL m ~~~-A AArFO.