HomeMy WebLinkAboutDocumentation_Regular_Tab 9J_2/11/1993 i_.,,,, ,... 'Qe .-,
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VILLAGE OF TEQUESTA
,., Post Office Box 3273 • 357 Tequesta Drive
�,� ��•. Tequesta,Florida 33469-0273 • (407) 575-6200
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MEMORANDUM
TO: Village Council
FROM: Thomas G. Bradford, Village Manager
/7
DATE: February 5, 1993
•
RE: Florida Public Service Commission; Statewide Rate Structure
Jurisdiction for Water Conservation and Territorial Dispute
Jurisdiction; Agenda Item
There are draft legislative proposals for possible submission to
the legislature which would give the Florida Public Service
Commission statewide rate structure jurisdiction for the sole
purpose of promoting water conservation. The jurisdiction would
apply to water, waste water and reclaimed water systems of non-
profit corporations and cooperatives created solely for the purpose
of providing utility services as well as systems of governmental
authority. The proposal also would give the Commission
jurisdiction to resolve territorial disputes between all water,
waste water and reclaimed water utilities, statewide.
This is another intrusion of unnecessary governmental authority
upon the local citizens and a usurpation of the rights granted unto
them by virtue of home rule authority. It is recommended that the
• Village Council adopt the attached Resolution in order to formally
go on record as being opposed to the same.
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attachment
Recycled Paper
RESOLUTION NO. 6-92/93
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA,
OBJECTING TO A PROPOSED STATE-WIDE RATE
STRUCTURE AND TERRITORIAL DISPUTE JURISDICTION
OF THE FLORIDA PUBLIC SERVICE COMMISSION OVER
GOVERNMENTAL WATER AND SEWER UTILITY SYSTEMS.
WHEREAS, the Village of Tequesta, a local governmental
authority, owns and operates the Tequesta Water Department;
and
WHEREAS, under Article VIII of the Florida Constitution and
Home Rule Powers Acts, the Village Council has legislative
responsibility and authority to regulate the rate structure
and the rates, fees and charges of its utility system and
resolve territorial disputes; and
WHEREAS, the Village Council as the elected local
representatives of the publicly owned utility system best
understands and can respond to the local needs and
circumstances of its customers, which allows provision of
utility services to the public 'in the most environmentally
sound and economically responsible manner; and
WHEREAS, local governments have been at the forefront of
Florida's efforts to conserve water via effluent reuse, water
use restrictions, innovative conservation, rate-making and
storm water management, individually structured to meet
locally recognized circumstances; and
WHEREAS, the Florida Public Service Commission is far removed
from local environmental conditions, local economic
conditions and local use characteristics, and is not
representative of the customers of the utility system; and
WHEREAS, transfer of rate structure and territorial dispute
jurisdiction from our local governmental representatives to
the Florida Public Service Commission in Tallahassee will
usurp the sovereignty of local government, remove local
accountability, will unduly add another layer of bureaucracy
and significantly increase and duplicate costs and expenses
for the operation of our public utility systems, will result
in increased rate burdens on our customers; and
WHEREAS, transfer of rate structure and territorial dispute
jurisdiction will significantly impair existing public
utility bond issues and covenants and threaten the stability
of governmental municipal finance of water and sewer utility
systems; and
WHEREAS, numerous other State agencies and our judicial
systems already provide comprehensive regulatory protection
of environmental and territorial issues, including the
Department of Environmental Regulation, the State Water
Management Districts, the local Environmental Protection
Agencies and the . Department of Community Affairs, obviating
the necessity of any additional regulatory layers.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, as follows:
Section 1. The Village Council of the Village of Tequesta
' vigorously opposes and objects to any proposed transfer of
jurisdiction to the Public Service Commission of rate
structure jurisdiction, territorial dispute jurisdiction or
any other jurisdiction over the rates, fees and charges and
operations of utility systems of local governmental
authorities.
Section 2. The current Constitutional, Legislative and
Judicial framework of environmental and economic regulation
of governmentally owned water and sewer systems best serves
the public interest and insures protection of the environment
and economic needs of the public by the governmental
authority most representative and responsive to the needs of
the locality.
Section 3. The Village Manager is requested to transmit a
copy of this Resolution to the Governor, our local State
representatives and legislative delegation, the Department of
Environmental Regulation and the South Florida Water
Management District.
THE FOREGOING RESOLUTION WAS OFFERED by
Councilmember , who moved its
adoption. The motion was seconded by
• Councilmember , and upon being
put to a vote, the vote was as follows:
FOR ADOPTION AGAINST ADOPTION
The Mayor thereupon declared the Resolution duly passed and
adopted this day of February, A.D. , 1993.
MAYOR OF TEQUESTA
Earl L. Collings
ATTEST:
Joann Manganiello •
Village Clerk