10-2129 Opposition to Bill Prohibiting Utility Tax Surcharge for Non-Residents

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RESOLUTION 10-2129 "A RESOLUTION OF THE CITY OF CASSELBERRY, FLORIDA, OPPOSING SENATE BILL 372 AND HOUSE BILL 1607 AMENDING SECTION 180.191, FLORIDA STATUTES, WHICH EXEMPTS CITIES IN CERTAIN COUNTIES FROM CHARGING A WATER OR SEWER RATE SURCHARGE TO CONSUMERS LOCATED OUTSIDE A MUNICIPAL UTILITY'S OWN BOUNDARIES; PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE." WHEREAS, Section 180.191, Florida Statutes, grants every municipality in 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 25% without a special public hearing and up to 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 services for non- residents and non-municipal taxpayers; and WHEREAS, the City of Casselbeny has been appropriately collecting the statutory surcharge pursuant to § 180.191; and WHEREAS, the Mayor and City Commission of the City of Casselbeny recognize that the current Section 180.191, Florida Statutes, is a reasonable offset to the City of its capital costs and responsibility to provide all consumers, both in and out of the City's boundaries, with quality water and service; and WHEREAS, Senate Bill 372 and House Bill 1607 propose amending Section 180.191, Florida Statutes, exempting municipalities in certain counties from the applicability of provisions limiting the rates that a municipality may charge consumers located outside their boundaries for water or sewer utility services; and WHEREAS, modifications to Senate Bill 372 and House Bill 1607 removing the population limit would exempt the City of Casselbeny from the provisions Section 180.191, Florida Stahrtes; and WHEREAS, the City of Casselberry's water and sewer utility continLies 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 of its customers. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CASSELBERRY, FLORIDA, AS FOLLOWS: SECTION L The City of Casselbeny opposes any change in the City's water and sewer utility rate making authority as established by the Florida Legislature in § 180.191, Florida Statutes. SECTION II. The City of Casselbeny 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 that operates a water and sewer utility outside its corporate boundaries. SECTION III. 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, the Miami-Dade delegation, President of the Flar•ida Senate, Speaker of the Florida House of