HomeMy WebLinkAboutR-2009-006 Prohibit Municipalities from levying surcharges RESOLUTION NO. 2009-006
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA OPPOSING
AND PROTESTING THE EFFORTS OF MIAMI-DADE COUNTY IN
URGING THE FLORIDA LEGISLATURE TO PROHIBIT MUNICIPAL
WATER AND WASTEWATER UTILITIES FROM LEVYING A
SURCHARGE ON CONSUMERS LIVING OUTSIDE CITY LIMITS AS
CURRENTLY AUTHORIZED BY FLORIDA LAW; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 180.191, Florida Statutes, grants every municipality in
Florida that operates water and sewer systems outside its boundaries the right to establish
water and sewer rates for outside City customers that include a surcharge of twenty-five
(25%) percent without a special public hearing and up to fifty (50%) percent with a
special public hearing; and
WHEREAS,the surcharge 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 and sewer utility and, therefore, provide quality
water and sewer services for non-residents and non-municipal taxpayers; and
WHEREAS, the City of Dania Beach has been appropriately collecting the
statutory surcharge amount pursuant to Florida Statutes, Section 180.191 since 1991; and
WHEREAS, the City of Dania Beach's water and sewer utility continues to
provide high quality water and sewer service to outside City customers, which enables
economic development in its service area and enhances the quality of life and its
customers;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF DANIA BEACH, FLORIDA;
Section 1. That the foregoing recitals are true and correct.
Section 2. That the City of Dania Beach opposes any change in the municipal
water and sewer utility rate making authority as established by the Florida Legislature in
Section 180.191, Florida Statutes.
Section 3. That the City of Dania Beach opposes any action that would treat
its water and sewer utility rate making authority differently from the authority granted
I
every other municipality in the state that operates a water and sewer utility outside its
corporate boundaries.
Section 4. That the City Clerk is directed to send a certified copy of this
Resolution to 1.) Florida Governor Charlie Crist; 2.) the President of the Florida Senate;
3.) the Speaker of the Florida House of Representatives; 4.) the Broward County
Legislative Delegation; and 5.) the legislative leadership of the Florida League of Cities,
Inc.
Section 5. That all resolutions or parts of resolutions in conflict with this
Resolution are repealed to the extent of such conflict.
Section 6. That this Resolution shall be in force and take effect immediately
upon its passage and adoption.
PASSED AND ADOPTED on January 13, 2009.
ALBERT C. JONES
AT EST s FIRST MAYOR—COMMISSIOYER
LOUISE STILSON, CMC
CITY CLERK
APPROVED AS FO AND CO CTNESS:
THO IAS J. ANS
CITY ATT RNEY
2 RESOLUTION 42009-006