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RESOLUTION NO. 41-99/00
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY,
FLORIDA, SUPPORTING THE FLORIDA LEAGUE OF
CITIES, INC., IN ITS EFFORTS TO PROTECT
MUNICIPAL AUTHORITY TO PROVIDE UTILITY SERVICES
OUTSIDE CORPORATE BOUNDARIES AND TO PERMIT THE
CONTINUATION OF THE UTILITY RATE SURCHARGES FOR
CUSTOMERS OUTSIDE OF THE MUNICIPALITY'S
BOUNDARIES WHO RECEIVE THE BENEFIT OF SUCH
UTILITY SERVICES; PROVIDING FOR DISTRIBUTION;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Chapter 180, Florida Statues, authorizes a
municipality to construct and extend water or
utility service outside of its corporate boundaries
while providing for reasonable regulations over
customers of the utility who reside outside of the
municipality; and
WHEREAS, Section 180.191, Florida Statues, sets
forth the manner in which a municipality, operating
a water or sewer utility outside of its corporate
boundaries, may charge rates and fees for the
service; and additionally mandates that such rates,
fees and charges be equitable by setting a maximum
surcharge of twenty-five (25) percent above the
rates charge to customers of the utility who reside
within the municipal corporate boundaries; and
WHEREAS, the Florida Supreme Court in the case of
Mohme v. City of Cocoa, 328 So.2d 422 (Fla. 1976)
has upheld the constitutionality and non-
discriminatory nature of the above-referenced
surcharges based, in part, on the "substantial
expenditures for capital improvements which are
brought about by the demand of non-city residents;"
and
WHEREAS, Orange County is currently attempting to
have the State Law amended in order to remove the
authority of municipalities to levy the utility
surcharge; and
WHEREAS, a bill was introduced by State
Representative Luis Rojas during the 1999
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Legislative Session which sought to lower the
maximum surcharge to ten (10) percent from the
present twenty-five (25) percent; and
WHEREAS, due to the rapid population growth in
unincorporated areas of the State, there is an ever
increasing demand for the provision of utility
services from nearby municipal utilities, thereby
exerting tremendous pressure on the municipalities
of the State of Florida to provide these services to
those outside their corporate boundaries and the
substantial expenditures for the capital
improvements necessary to provide these services to
non-municipal residents would be borne
disproportionately by the municipalities without the
statutory authority to levy a reasonable surcharge.
NOW THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL
OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY,
FLORIDA, that:
Section 1. The Village Council of the Village of
Tequesta, Palm Beach County, Florida, hereby
supports the Florida League of Cities, Inc., in its
efforts to ensure the continuation of municipal
authority to provide utility services outside of
incorporated boundaries and to recover the
substantial costs of providing such services by
retaining the ability to levy a reasonable surcharge
on residents located outside the municipality who
directly benefit from the extension of these
services.
Section 2.
send copies
of Cities,
The Village Clerk is hereby directed to
of this Resolution to the Florida League
Inc.
Section 3. This Resolution shall
immediately upon its passage.
THE FOREGOING RESOLUTION WAS
Councilmember Schauer who moved
The motion was seconded by
Vdalker and upon being put t
vote was as follows:
take effect
OFFERED by
its adoption.
Councilmember
:o a vote, the
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MAYOR OF TEQUESTA
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Carl C. Hansen
FOR ADOPTION AGAINST ADOPTION
Capretta
Dalack
Hansen
Walker
The Mayor thereupon declared the Resolution
duly passed and adopted this 10th day of
February, A.D., 2000.
ATTEST:
oann Mangan' llo
Village Clerk
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