2009-R-02
RESOLUTION #2009-R-02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EDGEW ATER, FLORIDA, OPPOSING AND
PROTESTING THE EFFORTS OF MIAMI-DADE COUNTY
TO DENY THE CITY'S WATER AND SEWER UTILITY
THE SAME RATE-SETTING AUTHORITY GRANTED TO
ALL MUNICIPALITIES IN THE STATE OF FLORIDA
THAT OPERATE WATER OR SEWER UTILITIES
OUTSIDE THEIR MUNICIPAL BOUNDARIES;
REPEALING RESOLUTIONS IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY AND ESTABLISHING
AN EFFECTIVE DATE.
WHEREAS, Section 180.191, Florida Statutes, grants every municipality within the
State of 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 to twenty-
five percent (25%) without a special public hearing and up to fifty percent (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 tax paying citizens to enable the acquisition,
maintenance and operation of its water and sewer utility and; therefore, provide quality water
and sewer service for non-residents and non-municipal taxpayers; and
WHEREAS, the City of Edgewater has been appropriately collecting the statutory
surcharge pursuant to S 180.191, Florida Statutes, since 1986; and
WHEREAS, the City of Edgewater water and sewer utility continues to provide high
quality water and sewer services to outside city customers, which enables economic development
in its service area and enhances the quality of life for its customers.
2009-R-02
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NOW, THEREFORE, be it resolved by the City Council of the City of
Edgewater, Florida as follows:
Section 1.
The foregoing recitals are true and correct.
Section 2.
The City of Edgewater City Council hereby opposes any change in the
City's water and sewer utility rate making authority as established by the Florida Legislature
pursuant to SI80.191, Florida Statutes.
Section 3.
The City of Edgewater opposes any discriminatory action that would treat
its water and sewer utility rate making authority differently from the authority granted every
other municipality in the State of Florida that operates a water and sewer utility outside of their
corporate boundary.
Section 4.
The City Clerk is hereby directed to send a copy of this Resolution to
Miami-Dade County's Board of County Commissioners, County Mayor Carlos Alvarez, County
Manager George Burgess, President of the Florida Senate, Speaker of the Florida House of
Representatives, Florida Governor Charlie Crist, and the legislative leadership at the Florida
League of Cities, Inc.
Section 4.
If any section, subsection, sentence, clause, phrase, or portion of this
Resolution, or application hereof, is for any reason held invalid or unconstitutional by any Court,
such portion or application shall be deemed a separate, distinct, and independent provision, and
such holding shall not affect the validity of the remaining portions or applications hereof.
Section 5.
All resolutions or parts of resolutions in conflict herewith be and the same
are hereby repealed.
Section 5.
This resolution shall take effect immediately upon its adoption.
2009-R-02
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. .
Section 6.
After a motion to approve by Cal"rilm{lJ1 rOOr~21 with second by
~Ol,LI1(lJIIl)OIVl(tll ~i'M\I(:J~Q , the vote on this resolution was as follows:
AYE NAY
Mayor Mike Thomas
Councilwoman Debra J. Rogers
Councilwoman Gigi Bennington
Councilwoman Harriet B. Rhodes
Councilman Ted Cooper
x
.
x
X
X
'I.
PASSED, APPROVED AND ADOPTED this Ri 0+" day of,
ATTEST:
~'Y\!'Q ,~j)_
-.Bonnie Wenzel
i CitY Clerk ".-
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,2009.
Oo&~'kJ
Robin L. Matusick
Paralegal
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Carolyn S. Ansay, Esquire
City Attorney
Doran, Wolfe, Ansav & Kundid
2009-R-02
Approved by the City Council of the City of
Edgewater at a meeting held on this ~ day
of ,-MA~ ' 2009 under Agenda Item No.
71L-.
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