2024-R-17 - PILOFF RESOLUTION NO.2024-R-17
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA; RELATING TO PAYMENTS
IN LIEU OF FRANCHISE FEES(PILOFF)BY THE CITY OF
EDGEWATER UTILITIES SYSTEM; INCORPORATING
RECITALS; PROVIDING AUTHORITY; REQUIRING THE
CITY OF EDGEWATER UTILITIES SYSTEM TO PAY THE
CITY OF EDGEWATER GENERAL FUND AS PAYMENTS
IN LIEU OF FRANCHISE FEES AN AMOUNT EQUAL TO
5.9 PERCENT OF THE REVENUES COLLECTED BY THE
WATER AND SEWER SYSTEM OPERATING FUND,
REFUSE FUND OPERATING FUND, STORMWATER
OPERATING FUND BEGINNING OCTOBER 1, 2024;
REQUIRING PAYMENTS IN LIEU OF FRANCHISE FEES
EACH MONTH OR AT OTHER PERIODIC INTERVALS
UNTIL AMENDMENT,REPEAL OR RESCISSION OF THIS
RESOLUTION; SPECIFYING FUNDS FOR PAYMENTS IN
LIEU OF FRANCHISE FEES; PROVIDING ADDITIONAL
AUTHORIZATION TO IMPLEMENT AND CARRY OUT
THIS RESOLUTION; REPEALING RESOLUTIONS IN
CONFLICT HEREWITH AND ESTABLISHING AN
f"R1 EFFECTIVE DATE.
WHEREAS, the City of Edgewater, Florida, desires to implement payments in lieu of
franchise fees as authorized by City Council;and
WHEREAS, Resolution #2013-R-18 of the City of Edgewater Code of Ordinances
authorized the City of Edgewater to require the utilities system to make payments to the City's
general fund in lieu of franchise fees which a privately owned utility would be required to pay;
and
WHEREAS,this Resolution amends Resolution #2013-R-18 by removing the collection
of PILOFF fees from the Solid Waste Operating Fund in relation to Recycling revenues; and
WHEREAS,this Resolution defines the term"Operating Expenses"of the utilities system
to include payments-in-lieu-of-franchise fees;and
WHEREAS, as used in this resolution, the City of Edgewater utilities system means the
water and sewer system, refuse collection and stormwater system;and
2024-R-17 1
WHEREAS, the City of Edgewater has constructed, acquired, improved and owns,
maintains and operates a utilities system pursuant to Chapter 19(Utilities and Services)of the City
of Edgewater Code of Ordinances; and
WHEREAS,the City of Edgewater public utilities system uses and occupies rights of way,
easements, lands under water,and other similar property rights throughout the City in connection
with the acquisition or construction of additions,extensions and improvements or the operation or
maintenance of such utilities system;and
WHEREAS,the City of Edgewater has made substantial investments and expenditures in
the acquisition, construction, improvement, operation and maintenance of such utilities system;
and
WHEREAS,the utilities system constitutes a significant asset of the City of Edgewater;
and
WHEREAS,a privately owned utility providing a water and sewer system services would
be required to obtain franchises and pay franchise fees to the City of Edgewater for the acquisition,
construction, improvement,operation and maintenance of such system;and
WHEREAS,the payments required by this resolution represent a return on the investment
of the City of Edgewater in the utilities system and approximate the value of a franchise fee that
would be paid to the City of Edgewater by a privately owned utility.
NOW,THEREFORE,be it resolved by the City Council of Edgewater,Florida:
Section 1. The recitals set forth above are true and correct and are hereby incorporated
into this resolution as though specifically stated herein.Any capitalized term used in this resolution
and not otherwise defined shall have the meaning ascribed to such term in the Resolution.
2024-R-17 2
�1
Section 2. Beginning October 1,2024,the City of Edgewater utilities system shall pay to
the City of Edgewater general fund as payments in lieu of franchise fees an amount equal to 5.9
percent of the revenues collected by the water and sewer system, solid waste and stormwater
system funds during each fiscal year, and (hereinafter referred to as the "Revenues'')-.Such
Revenues shall not include Impact Fees and interest income in the systems caTtal project funds.-
7-The payments shall be made no later than thirty (30) days after the end of eacfi�month dur'lng the
fiscal year or at such other periodic intervals as determined by the Finance DeparGgent.
Section 3. The payments in lieu of franchise fees in the amount of 5.9 percent of the
Revenues from the City of Edgewater utilities system to the general fund shall continue to be paid
each month or at such other periodic intervals as determined by the Finance Department until
amendment, repeal or rescission of this resolution by the City Council.
Section 4. The payments in lieu of franchise fees shall be paid as Operating Expenses of
the City of Edgewater utilities system from monies available in the Funds established pursuant to
the applicable budget resolution.
Section 5. The City Council and other appropriate officials of the City of Edgewater are
hereby authorized and directed to take appropriate action to implement and carry out the intent of
this resolution.
Section 6. All resolutions or parts of resolutions in conflict herewith are hereby repealed.
2024-R-17 3
Section 7. This resolution shall take effect upon adoption.
PASSED AND DULY ADOPTED this day o 2024.
,�,� CUUufi� •�
r, ,5� No Diezel Depew,Mayor
..ATTE-ST:,
Bonnie Zlotnik, (.jdC, City Clerk
REVIEWED AND APPROVED:
Aaron R. Wolfe, City Attorney r^,
2024-R-17 4