2015-R-34 RESOLUTION NO.2015-R-34
A RESOLUTION OF THE CITY OF EDGEATER,
FLORIDA, URGING THE FLORIDA STATE
LEGISLATURE TO UPHOLD THE CURRENT FLORIDA
STATUTE PROVIDING FOR PAYMENT OF EXPENSES
CAUSED BY THE INTERFERENCE OF UTILITY •
FACILITIES WITH TRANSPORTATION PROJECTS;
REPEALING RESOLUTIONS IN CONFLICT HEREWITH
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, local government relies heavily on its statutorily-authorized police powers
to best serve the interests of its citizens; and
WHEREAS, one of the essential functions of local government is to provide for the
health,safety,and welfare of its citizens, particularly in the area of physical infrastructure; and
WHEREAS, local government can and must address the critical needs of its citizens by
providing safe roadways and transportation corridors for pedestrians and vehicles; and
WHEREAS, under Florida common law, established over 100 years ago, and under
statutory law, particularly § 337.403 of the Florida Statutes, local government has utilized its
home rule authority to conduct local transportation projects and to require electric and other
utilities to relocate utility equipment when necessary for the completion of such projects and to
require utilities to pay for such relocations; and
WHEREAS, recent Florida case law directly on the issue of local government's exercise
of its authority under§ 337.403 upheld that authority and resulted in a judgment in favor of local
•
government and against a utility's distinctions based on equipment locations within rights of way
and public utility easements; and
WHEREAS, HB 391 and SB 896, previously considered by the State Legislature,would
dramatically and negatively affect local government's ability to fulfill its obligations to its
citizens in the area of transportation projects by transferring the costs of utility relocations to
local government and its constituent taxpayers, thereby further burdening local government and
its taxpayers with heretofore non-existent costs; and
WHEREAS, in particular, HB 391 and SB 896 would prevent local government from
requiring utilities to pay the costs of relocation unless the utilities are in a "right-of-way" as
opposed to the current common sense requirement for utility relocations occurring "upon, over,
under,or along" a roadway; and
2015-R-34 1
WHEREAS, additionally, HB 391 and SB 896 would require local government, and not
the utility, to bear the cost of relocating a utility's equipment if such equipment is located within
a utility easement, regardless of the private or public nature of the easement; and
WHEREAS, the expense of relocating a utility's equipment in the public easement/right
of way will greatly increase the costs of completing transportation projects at a time when local
governments continue to struggle with funding for such projects; and,
WHEREAS, local transportation projects often are the catalyst for economic
development and the result of growth within a community, which benefit the utility in terms of
expanded customer base.
NOW, THEREFORE, be it resolved by the City Council of the City of Edgewater,
Florida:
Section 1. That the City of Edgewater does hereby encourage the Florida State
Legislature to preserve Florida common law and statutory law by not agreeing to take up these
matters or any further attempts to limit local government's ability to serve its citizens.
Section 2. All resolutions or parts of resolutions in conflict herewith be and the same are
hereby repealed.
Section 3. This resolution shall take effect immediately upon adoption.
After motion by elf and Second by
ere .. _____r_.` .,Pc the vote on this resolution was as follows:
AYE NAY
Mayor Michael Ignasiak
Councilwoman Christine Power
Councilwoman Gigi Bennington
Councilman Dan Blazi •
Councilman Gary T. Conroy N
2015-R-34
PASSED AND DULY ADOPTED this 16th day of November, 2015.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
4011
Robin L. Matusick Mike Ignasiak
Interim City Clerk Mayor
For the use and reliance only by the City of Approved by the City Council of the City of
Edgewater. Florida. Approved as to form and Edgewater at a meeting held on this 16th day of
legality by: Aaron R. Wolfe, Esquire November, 2015 under Agenda Item No
City Attorney 8_P .
Doran, Sims,Wolfe&Ciocchetti
2015-R-34 3
Senator Dorothy Hukill Senator David Simmons Senator Andy Gardiner
416 Senate Office Building 320 Senate Office Building Senate President
404 South Monroe Street 404 South Monroe Street 330 Senate Office Building
Tallahassee, FL 32399-1100 Tallahassee, FL 32399-1100 404 South Monroe Street
Tallahassee, FL 32399-1100
Steve Crisafulli Representative Fred Costello Representative David Santiago
Speaker of The House of Representatives The Capitol The Capitol
The Capitol 402 South Monroe Street 402 South Monroe Street
402 Monroe Street Tallahassee, FL 32399-1300 Tallahassee, FL 32399-1300
Tallahassee, FL 32399-1300
Representative Dwayne Taylor Representative Paul Runner Florida League of Cities
The Capitol The Capitol 301 South Bronough Street
402 South Monroe Street The Capitol Suite #300
Tallahassee, FL 32399-1300 402 South Monroe Street Tallahassee, FL 32302
Tallahassee, FL 32399-1300
Florida Association of Counties Florida City County Management Volusia County Council
100 South Monroe Street Assoc Administration Building
Tallahassee, FL 32301 301 South Bronough St. 123 West Indiana Avenue
PO Box 1757 DeLand, FL 32720
Tallahassee, FL 32302-1757
City Manager City Manager City Manager
PO Box 2451 2990 South Atlantic Avenue 16 Colomba Road
Daytona Beach, FL 32115-2451 Daytona Beach Shores, FL 32118- DeBary, FL 32713-3322
6002
City Manager City Manager City Manager
120 South Florida Avenue 2345 Providence Blvd. PO Box 70
DeLand, FL 32720-5422 Deltona, FL 32725-1806 Flagler Beach, FL 32136-0070
City Manager City Manager City Manager
1065 Ridgewood Ave PO Box 39 210 Sams Avenue
Holly Hill, FL 32117-2807 Lake Helen, FL 32744-0039 New Smyrna Beach, FL 32168-7040
•
City Manager City Manager City Manager
234 South US Highway#1 205 East Graves Avenue PO Box 277
Oak Hill, FL 32759-9647 Orange City, FL 32763-5213 Ormond Beach, FL 32175-0277
City Manager City Manager City Manager
106 N. Center Street 4300 South Atlantic Avenue 1000 City Center Circle
Pierson, FL 32180 Ponce Inlet, FL 32127-6904 Port Orange, FL 32129-4144
City Manager
PO Box 214960
South Daytona, FL 32121-4960
•
City of
GEIo ATER
November 19, 2015
The Honorable Rick Scott
Office of the Governor
The Capitol
400 South Monroe Street
Tallahassee,FL 32399-0001
Re: Utility Relocation Costs—Resolution#2015-R-34
Dear Governor Scott:
During the regularly scheduled City Council meeting on Monday, November 16, 2015 the Council
unanimously approved the attached resolution (#2015-R-34) urging the Florida State Legislature to
oppose any bills during the 2016 Legislative Session that would mandate local governments to bear the
cost of relocating utility equipment when the equipment is located within a public utility easement or
rights-of-way.
Sincerely,
Robin L. Matusick
Interim City Clerk/Paralegal
rmatusick@cityofedgewater.org
/rim
Enclosure
Cc: Senator Dorothy Hukill
Senator David Simmons
Andy Gardiner, Sentate President
Steve Crisafulli, Speaker of the House of Representatives
Representative Fred Costello
Representative Paul Runner
Representative David Santiago
Representative Dwayne Taylor
Florida League of Cities
Florida Association of Counties
Florida City County Management Association
Volusia County Council
Volusia County Municipalities
Office of the City Clerk/Paralegal
P.O.Box 100•Edgewater,FL 32132-0100
(386)424-2400,Ext. 1101•Fax(386)424-2410
www.ciivofedgewater.org g
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1.1111.11111111V-
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City of South Daytona 19 51
Office of the Mayor
Post Office Box 214960 • South Daytona, FL 32121 • 386/322-3010 • FAX 386/322-3008
cS�
October 16, 2015
cd:ye.• (.7
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The Honorable Rick Scott C �� \ ��C
Office of the Governor �
The Capitol -Z��s� �;,'�
400 South Monroe Street !
Tallahassee, Florida 32399-0001
Re: Utility Relocation Costs \1" \i,
Dear Governor Scott:
At the regular scheduled City Council meeting on Tuesday,October 13, 2015 the councilmembers
unanimously approved the attached resolution urging the Florida State Legislature to oppose any
bills during the 2016 legislative session that would mandate local governments to bear the cost of
relocating utility equipment when the equipment is located within a public utility easement or rights-
of-way.
Sincerely,
4_„„c1--l.mbv-
George F. Locke 1II
Mayor
Senator Dorothy Hukill
Senator David Simmons
Andy Gardiner, Senate President
Steve Crisafulli, Speaker of the House of Representatives
Representative Fred Costello
Representative Paul Runner
Representative David Santiago
Representative Dwayne Taylor
Florida League of Cities
Florida Association of Counties
Florida City County Management Association
Volusia County Council
Volusia County Municipalities
Continuing Commitment to Excellence
•
RESOLUTION NO: 15-18
A RESOLUTION OF THE CITY OF SOUTH DAYTONA,
FLORIDA, URGING THE FLORIDA STATE
LEGISLATURE TO UPHOLD THE CURRENT FLORIDA
STATUTE PROVIDING FOR PAYMENT OF EXPENSES
CAUSED BY THE INTERFERENCE OF UTILITY
FACILITIES WITH TRANSPORTATION PROJECTS;
PROVIDING FOR SEVERANCE; PROVIDING FOR
CONFLICTING RESOLUTIONS; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, local government relies heavily on its statutorily-authorized police powers to best
serve the interest of its citizens;and
WHEREAS, one of the essential functions of local government is to provide for health, safety,
and welfare of its citizens,particularly in the area of physical infrastructure;and
WHEREAS, under Florida common law, established over 100 years ago, and under statutory
law,particularly State Statute 337.403 upheld that authority and resulted in a judgement in favor of local
government and against a utility's distinctions based on equipment locations within rights of way and
public utility easements; and
WHEREAS, SB 896 and HB 391, previously considered during the 2015 session by the State
Legislature, and any similarly drafted bills during the 2016 legislative session, would dramatically and
negatively affect local government's ability to fulfill its obligations to its citizens in the area of
transportation projects by transferring the costs of utility relocations to local government and its
constituent taxpayers, thereby further burdening local government and its taxpayers with heretofore non-
existent costs;and
WHEREAS, in particular, such bills would require local government, and not the utility, to bear
the cost of relocating a utility's equipment if such equipment is located within a utility easement,
regardless of the private or public nature of the easement; and
WHEREAS,the expense of relocating a utility's equipment in the public easement/right of way
will greatly increase the costs of competing transportation projects at a time when local governments
continue to struggle with funding for such projects;and
WHEREAS, local transportation projects are often the catalyst for economic development and
the result of growth within a community, which benefit the utility in terms of expanded customer base.
NOW,THEREFORE,BE IT RESOLVED THE CITY OF SOUTH DAYTONA,
FLORIDA:
Section 1. The City Council encourages the Florida State Legislature to preserve common law
and statutory law by opposing any House or Senate bills introduced during the 2016 State of Florida
Legislative Session that further attempts to limit local government's ability to serve its citizens.
Section 2. The City Clerk is directed to distribute this Resolution to the Florida Governor, the
President of the Florida Senate, the Speaker of the Florida House of Representatives, the Volusia County
Legislative Delegation, the Florida League of Cities, the Florida Association of Counties, the Florida City
County Management Association, the Volusia County Council, and each municipality in Volusia County.
Section 3. The appropriate City officials are authorized to execute all necessary documents and to
take any necessary action to effectuate the intent of this Resolution.
Section 4. Repealer. All prior resolutions, if any, which conflict with this Resolution are hereby
repealed.
Section 5. Severability. 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 application hereof.
Section 6. Effective Date. This Resolution shall become effective immediately upon its adoption.
PASSED AND ADOPTED by the City Council of the City of South Daytona, Florida at regular
meeting assembled this 13th day of October, 2015.
Signed:
Ge ge F. Locke III, _ ayor
Attest:
Jo'eph W. Y� rou
il
City Manager
Certified as to form,content, and legality:
//'
j/r7/(
Scott Simpson
City Attorney
Robin Matusick
From: Tracey T. Barlow
Sent: Tuesday, November 03, 2015 6:28 PM
To: Robin Matusick
Subject: Fwd: Update on SB 416 Utility Relocation
Attachments: image006 jpg; image001.jpg; image002.jpg; image003.jpg
Robin,
As I noticed our Resolution 2015-R-34 does not provide direction on who to send the executed Resolution to after
adoption, I thought I would share this from the League of Cities so that we would have a contact person from the league
following the issue so that we can get forwarding instructions.
Tracey T. Barlow
City Manager
City of Edgewater
Begin forwarded message:
From: Marilyn Crotty<Marilyn.Crotty(E ucf.edu>
Date: October 20, 2015 at 16:05:32 EDT
To: Marilyn Crotty<Marilyn.Crotty@ucf.edu>
Subject: FW: Update on SB 416 Utility Relocation
Please see the message below relating to today's actions in the Senate Community Affairs Committee
regarding Utility Relocation. Keep up the good work in making sure our legislators understand the
impact of this bill on your city.
Marilyn
MavaywE. Crotty
Executive Director,
Volusia League of Cities
12443 Research Parkway Suite 402
Orlando, Florida 32826-3282
Phone 407.882.3960
Fax 407.882.3968
From:Allison Payne [mailto:APaynePflcities.com]
Sent:Tuesday, October 20, 2015 3:51 PM
Cc: Megan Sirjane-Samples; Scott Dudley
Subject: Update on SB 416 Utility Relocation
1
Update on SB 416
This afternoon, the Senate Community Affairs Committee considered SB 416 (Flores),
addressing utility relocation. Senator Brandes offered an amendment to the bill that
removed language requiring local governments bear the costs of utility equipment
relocation if the equipment is located within the right-of-way and needs to be relocated
for a non-transportation purpose. The amendment passed unanimously.
The bill as amended still includes the provision requiring local governments to pay to
relocate equipment within a public utility easement regardless of the purpose.
The League will continue to work with the bill sponsor to find an equitable and fair
solution for all parties involved as it relates to public utility easements.
To date there is no House bill, but we will continue to keep you posted as this issue
progresses.
Thank you to all the municipal officials who responded to the Legislative Alert and
contacted members of the Senate Community Affairs Committee. Your advocacy really
makes a difference. The Committee definitely heard from you.
Please thank members of the Senate Community Affairs Committee and the bill
sponsor, Senator Flores for amending the bill.
Senate Community Affairs Committee
Senator TIh. Ph. E-mail:
Wilton Simpson, Chr. (R-18) (850) 487-5018 simpson.wiltonCa flsenate.gov
Jeff Brandes, V. Chr (R-22) (850) 487-5022 brandes.ieffflsenate.gov
Joseph Abruzzo (D-25) (850) 487-5025 abruzzo.joseph at7flsenate.gov
Rob Bradley (R-7) (850) 487-5007 bradlev.rob fisenate.gov
Charlie Dean (R-5) (850) 487-5005 dean.charlesflsenate.gov
Miguel Diaz de la Portilla
(R-40) (850) 487-5040 portilla.miquelCa�flsenate.gov
Travis Hutson (R-6) (850) 487-5006 hutson.travis a.flsenate.aov
Geraldine Thompson (D-12) (850) 487-5012 thompson.geraldine a(�flsenate.gov
Bill Sponsor
Senator Anitere Flores (R-37) Ph. 850-487-5037 E-mail:
flores.anitereflsenate.gov
2
Thank you,
Allison Payne
FL League of Cities
Allison Payne
Manager,Advocacy Programs&Federal
x Florida League of Cities,Inc. Affairs
LOCAL SELF-GOVERNMENT Legislative Affairs
the keystone of American democracy Direct dial:(850)701-3602
Fax:(850)222-3806!routing code 3602)
'Wavne*flcities.corn I-
301 S.Bronough St.Sre 300:Tallahassee,Florida 32302 t t-h -get soc i with the FLC 9
3
111
j'.
City of
EJB GEIWATER
November 19,2015
The Honorable Rick Scott
Office of the Governor
The Capitol
400 South Monroe Street
Tallahassee,FL 32399-0001
Re: Utility Relocation Costs—Resolution#2015-R-34
Dear Governor Scott:
During the regularly scheduled City Council meeting on Monday, November 16, 2015 the Council
unanimously approved the attached resolution (#2015-R-34) urging the Florida State Legislature to
oppose any bills during the 2016 Legislative Session that would mandate local governments to bear the
cost of relocating utility equipment when the equipment is located within a public utility easement or
rights-of-way.
Sincerely,
Robin L.Matusick
Interim City Clerk/Paralegal
rmatusick@cityofedgewater.org
/rim
Enclosure
Cc: Senator Dorothy Hukill
Senator David Simmons
Andy Gardiner, Sentate President
Steve Crisafulli, Speaker of the House of Representatives
Representative Fred Costello
Representative Paul Runner
Representative David Santiago
Representative Dwayne Taylor
Florida League of Cities
Florida Association of Counties
Florida City County Management Association
Volusia County Council
Volusia County Municipalities
Office of the City Clerk/Paralegal
P.O.Box 100•Edgewater,FL 32132-0100
(386)424-2400,Ext.1101•Fax(386)424-2410
www.cityofed ewater.org
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